1820. Oct. 13. Spanish liberticide measures 7 §. 2. Press violation Reasons

against libel law

As to religion, to prosecute for any thing written against religion, is as much

as to say – religion is an imposture. For it is the distinctive character of

truth /true opinion/ {that it can not suffer by any thing said against it unless

for a time by some /by possibility a/ misrepresentation /false assertion/ in

regard to some matter of fact it can not suffer by any thing said against it,

and therefore needs no such protection and even by the distrust thus manifested

is hurt by it.} that it needs no such protection: and of falshood, that it not

only needs it but that it can not stand without it.

I say written. For as to the speaking against religion, if it be in public, or

the placarding against religion in a public place, here there may be cause /the

existence of […?]/ for prosecution and punishment is not impossible. Here indeed

may be mischief: but in what shape? Not in the shape of an offence against

religion, and that for the reason above given /just brought to view/: not

against religion, but against the feelings of individuals – of an unlimited

number of individuals in a number to which very frequently no limit can be

assigned. Reading what is simply written or printed is what any body and every

body may avoid – hearing what a man is speaking in public reading what is posted

up in the large characters employed on placards is what it may be out of a man’s

power to avoid. In either case The offence belongs to the class of semi public

offences, and to the generic denomination Offences against ease of mind: Simple

mental injuries.