Where did this whole free speech thing come from anyway?
A Brief History of Free Speech
To understand the importance of free speech in our modern, democratic society, it's eye-opening (even crucial, I'd argue) to have a basic understanding of the pushes and pulls on thought and expression liberties throughout human history. As you'll see, the story is in no way one of continual progress.
In the earliest hunter-gatherer societies, the lack of written word makes it unclear how expression of thought was viewed. Logically, worrying over what another person thought or said might have been a luxury in these societies as they were relatively free of hierarchies and were busy with the tasks of surviving. The real story begins around 12,000 years ago when humans transitioned to agriculture for food procurement, were able to lay down roots, and build societies.
In some of the most ancient, record-keeping civilizations like Egypt, Sumer, and Babylon, support for freedom of expression appeared bleak. These were deeply class-based societies. Rulers were often viewed as divine beings (or at least divinely appointed).
“According to Hammurabi's Code, the penalty for slandering a married woman or a priestess was public flogging and head shaving.” ~ Jacob Mchangama
I mean, thanks? Not really, though. This oddly chivalrous edict was accompanied by many other regressive policies, like burning the houses of people who rejected the king and cutting off the ears of slaves who declared themselves not to be property of their masters.
The real birth of democracy and "equality of speech" came in the 6th century BCE with the Athenian empire. It was enshrined in policy, represented in plays, philosophized about. It only went so far in policy, however, as is evidenced by the fact that Socrates was sentenced to death by drinking poisonous hemlock for "refusing to recognize gods recognized by the state" and "corrupting the youth". In the 3rd century BCE, religious tolerance was declared by the king of present day India. It seems that the general vibe of the era was this type of quasi-tolerance. In 150 BCE, the first form of paper is invented in China, so people across the major empires begin to have the ability to inscribe and propagate their thoughts.
With the fall of the Athenian empire and birth of the Roman empire one in 27 BCE, the winds began to shift. Augustus, the first ruler instituted punishments for "literary treason" and began burning books. His predecessor initiated the practice of sentencing people to death for speech crimes. The trial and hanging of Jesus was even part of this cultural rampage. About three decades after this, Christian persecutions begin. They were sacrificed, burned, fed to animals. This lasted for about 250 years, finally ending in the early 4th century AD, largely because a Christian emperor took control and Rome became a Christian empire.
Unfortunately, with this evolution, came retribution. The government attempted to nationalize and mandate its religion. Non-Christians (or non-Catholics) were persecuted and lynched, entire libraries were burned, and the death penalty for blasphemy was instated. This spread throughout Europe. Much of this time period is considered the "Dark Ages" because very little scientific or cultural advancement occurred.
Meanwhile, during this same period, the Islamic religion is born and expands across the Middle East and North Africa. Over five centuries, social, scientific, and philosophical progress flourishes–embracing freedom of expression and thought exchange. The first book is created during this period, opening the door to the spreading of advanced ideas throughout the region. In 1258, this comes crashing to an end as Bagdad is conquered by the Mongol empire.
In 1450, another major media advancement occurs supporting the advancement of free speech–Gutenberg's printing press. This set the stage for Europe to move solidly out of the Dark Ages and into the Renaissance, the Reformation, and the Scientific Revolution–all thanks to easier exchange of ideas. Unfortunately, governmental backlash was swift and strong. Protestant literature was banned throughout eastern Europe (and, after the Reformation, mandated in England). Every publication had to be approved by an official censor and licensed by the state. King Henry VIII made it an act of treason to insult him. People's hands were cut off for slanderous writing.
Around the 1570s, the tides began to turn again. Moves towards religious tolerance spread throughout eastern Europe, the Dutch Republic, France, and present day India. England, Spain, Portugal, and the Holy Roman Empire stubbornly held out, but the underground marketplace of idea exchange was thriving. Philosophers, such as John Milton, began writing about principles of free speech. Milton is credited as the originator of the concept of the "marketplace of ideas".
“Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.” ~ John Milton (1644)
In the 1600s, Colonial America was burgeoning–but so were its regulations on speech and religion. Criticism of the government, officials, or the law was punishable as seditious libel. Punishments included jail time, whippings, cropping of the ears, and boring nails through the tongue. Blasphemy was punishable by death in several colonies, including Virginia and Massachusetts.
Over a century after the turning of the tides in eastern Europe and with a different king on the throne in England, religious tolerance became the law of the land. This did not lift the yoke off of the press, however, so in the late 1600s, a British philosopher and physician named John Locke began publicly lobbying for the end of the censorship of the book licensing act. The act expired in 1695 and was not renewed, opening the floodgates of ideas.
Some of the ideas that were propagated after this had significant influence on America's founding fathers. One very important influence was Cato's Letters, written by John Trenchard and Thomas Gordon.
“Without freedom of thought, there can be no such thing as wisdom; and no such thing as publick liberty, without freedom of speech: Which is the right of every man.”
In 1734, these ideas were used to win a libel case between the governor of New York and a journalist, establishing freedom of the press through legal precedent. With the winds of liberty fervor at their backs, upon the announcement of the Stamp Act in 1765, the colonies went wild. The press was used to whip up an unstoppable movement towards independence.
References:
Clear and Present Danger (n.d.). Free speech history timeline. FreeSpeechHistory.com. Retrieved on June 12, 2022, from http://www.freespeechhistory.com/timeline-2/
Mchangama, J. (2022). The roots of free speech: How did ancient civilizations regulate speech?. BigThink.com. Retrieved on June 12, 2022, from https://bigthink.com/the-past/free-speech-mchangama/
Image credit: Freepik
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