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That Libel Case

Jack of Kent has the details.

It is a stunning judgment, quoting Milton and expressly adopting a US legal maxim that: "Scientific controversies must be settled by the methods of science rather than by the methods of litigation".

"...the material words, however one represents or paraphrases their meaning, are in our judgment expressions of opinion. The opinion may be mistaken, but to allow the party which has been denounced on the basis of it to compel its author to prove in court what he has asserted by way of argument is to invite the court to become an Orwellian ministry of truth. Milton, recalling in the Areopagitica his visit to Italy in 1638-9, wrote:

""I have sat among their learned men, for that honour I had, and been counted happy to be born in such a place of philosophic freedom, as they supposed England was, while themselves did nothing but bemoan the servile condition into which learning among them was brought; …. that nothing had been there written now these many years but flattery and fustian. There it was that I found and visited the famous Galileo, grown old a prisoner of the Inquisition, for thinking in astronomy otherwise than the Franciscan and Dominican licensers thought."
"That is a pass to which we ought not to come again."

Comments

Not quite sure how to view some of this.

Approving of an interpretation of the 1st Amendment of the US Constitution (over Strasbourg precedent/interpretation), which itself was an attempt to codify in writing what had been an unwritten code of Great Bitain by people who had gotten popularised as standing up for for their rights as Englishmen... How, well, dangerous...

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