For a country that lacks any written constitution enshrining freedom of speech
for its people, we British seem rather less concerned than our friends across
the pond about what we have a right to hear and read. Most of us look askance
at those who seek to protect their children's sensibilities from such seminal
works by Mark
Twain, Charles
Darwin and Maya
Angelou. Does this mean, then, that is in fact us who are the closest to
being a genuinely libertarian society - in spite of our archaic laws? The Anglophile
Voltaire
certainly thought this to be the case. In seeking to free his own country from
the bondage of absolutist rule he looked to England as the prime example of
a libertarian state, in which each of us 'is free to go to heaven by whichever
route he chooses'.
In England each man is free to go
to heaven by whichever route he chooses. |
Such soundbytes may well have suited Voltaire's rather mordant satire, but
even he could not have been ignorant to the laws that banned Roman Catholics
from any position in Parliament. Nor to the fact that the Essay Concerning
Human Understanding, the work of his great inspiration, John
Locke, was banned not only in France but also forbidden to be taught at
the University of Oxford. And in later years, with no Voltaire to extol the
virtues of the English nation, and the animosities between America and the British
at their height, Thomas
Paine was indicted for treason for The Rights of Man, in which he
defended the French Revolution. His publishers had incidentally already been
prosecuted for printing The Age of Reason, in which Paine argued in favour
of Deism, much like Voltaire fifty years earlier.
That was 1792. Meanwhile Locke has become required reading in all English universities,
just as Paine, no doubt, is in American. The effects of the fifty years that
embodied the first half of this century are a constant reminder of the necessity
of religious and political freedom, if we needed to be reminded at all. Yet
many works are banned in America for political reasons, not least those
works deemed to be racist or pernicious to the state. This testament to the
power of America's lobbyists may in fact confirm the premise that it is in the
interest of the most powerful states to silence anything subversive. But before
congratulating ourselves on our open-mindedness (or indeed bewailing the permissive
nature of British society) one might recall that there is one subject that lies
far closer to the hearts of suburbia and which, in our attempts to maintain
a distance from it, we tend also to label subversive.
In 1928 two books were written by English authors that were immediately banned
and were to cause controversy for the next thirty years. Their linking theme:
sex - The
Well of Loneliness for sexual subversion and Lady
Chatterley's Lover for the fact that it was happening at all. Both books
have a rather different history of acceptance. Following its ban in Britain,
The Well of Loneliness, arguably the first 'lesbian' novel, was published
by Pegasus Press in France and copies smuggled into Britain, only to be seized
by customs. Leading intellectuals, including E.M.
Forster (author of the posthumously published Maurice) and Virginia
Woolf (author of the sexually ambiguous work Orlando) immediately
leapt to the book's defence, citing its literary merits. However, the magistrate
disallowed their evidence, calling it 'obscene libel'. Contemporary Home Office
Papers, first published in 1997, labelled it as 'gravely detrimental to the
public interest' in its support of 'a depraved practice'. Subsequent responses,
marked by the age of sexual liberation, have, alas, been less favourable to
the ideas extolled by Radclyffe Hall in the work.
The Well of Loneliness: "Obscene libel" |
Few extolled the literary merits of Lady Chatterley's Lover. Indeed,
the fact that it was circulated in secret only added to its being branded as
pornography. Worse still, its author, D.
H. Lawrence was accused of being a self-appointed spokesmen of trafficking
in filth and obscenity, which turned him into an icon for those 'like-minded'
people, who in fact shared none of his actual sentiments. The famous court case
of 1960 finally brought it to the public and, eventually, to an enlightened
younger generation who are able objectively to see the literary merits of a
brilliant author without being offended by the supposedly explicit nature of
the work.
One might well have thought the D.H. Lawrence case in 1960 and the contemporaneous
period of sexual liberation to have put an end once and for all to any concerns
that material of an explicit nature should be kept from the eyes of the public.
Fair enough, most material is now available to the public in some form, and
the Government has set up an Obscene Publications Act to control the distribution
of material deemed to be questionable. Yet, as with any law, the application
of it can prove to be a tricky business. The Act has famously been the cause
of trials to ban such works as Inside
Linda Lovelace and Last
Exit to Brooklyn and resulted in Professors of English in court attempting
to find literary merits in the works, where in fact there is very little. Rather
this, perhaps, than the hegemony of pressure groups, but the Act has also been
used as a pretext for raiding publishers of 'curiosa' material, including Savoy
Press, whose authors have been jailed for possessing the same obscenity that
is legally on sale throughout the country.
The Act has been used as
a pretext for raiding publishers |
And where the Obscenity Act proves unsuccessful, we can always rely on somebody
to find one of those archaic British laws to ensure that we are spared the worry
of reading a work that might offend our sensibilities. Such was the case in
1977 when Mary Whitehouse, President of her own National Viewers and Listeners
Association, brought a private prosecution against James Kirkup, author of The
Love that Dares to Speak Its Name. The poem portrays several homoerotic
images of Christ with other Biblical figures and was banned under a blasphemy
law that has only ever been cited once before in the past century. The British
public is still forbidden to read it.
The irony here is that the very act of bringing a work to trial in fact puts
it in the forefront of the public eye. This is also the case with those private
institutions who, in appealing to public sentiment by banning a book from their
shelves, actually publicise the book's presence. Thus W H Smith ensured the
notoriety of A. M. Homes' The
End of Alice, a dark novel dealing with the sexual abuse of children,
by publicly banning it from its shelves, as thousands of interested readers
rushed to alternative bookstores to purchase a copy.
In appealing to public sentiment private institutions
actually publicise the book's presence. |
Most of us will, however, go to the grave without ever having read The End
of Alice. But many would still shudder at the thought of our nation's children
ever reading and being in some way affected by the work. After two hundred years
of a seemingly ever more open society, it appears that we do not want to know
(or at least hear about) everything after all. Indeed W H Smith received huge
support from the NSPCC and several tabloid newspapers for their decision. The
supreme irony is that it is in fact the Government that is currently responsible
for ensuring the availability of information most of us would rather not have.
For Section 28, banning the promotion of homosexuality in local authorities,
and responsible for preventing plays, art exhibitions, funding grants and innumerable
other sources of help to teenagers, is to be removed from the statute books
despite majority views to the contrary.
Tell us what you think. Email talkback@pifmagazine.com
Daniel Mann is a graduate from Oxford in Modern Languages and a
free-lance writer, currently living in Berlin.
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