Support This Website! Shop Here!

Thursday, January 22, 2015

Charlie Hebdo and Freedom of Speech

Many people argue that freedom of speech includes the right to mock someone else's religion. They seem to forget the origins of the First Amendment.

The first law concerning free speech on the North American continent was passed on April 21, 1649: Maryland's "Act of Toleration." Maryland was the only English Catholic colony on the eastern seaboard. The Act was the world's first prohibition on religious hate speech. It is universally acknowledged as the harbinger and model for the Constitution's first amendment protection of free speech.

So, what did the Act of Toleration say?
That whatsoever person or persons within this Province and the Islands thereunto belonging shall from henceforth blaspheme God, that is Curse him, or deny our Saviour Jesus Christ to bee the sonne of God, or shall deny the holy Trinity the father sonne and holy Ghost, or the Godhead of any of the said Three persons of the Trinity or the Unity of the Godhead, or shall use or utter any reproachfull Speeches, words or language concerning the said Holy Trinity, or any of the said three persons thereof, shalbe punished with death and confiscation or forfeiture of all his or her lands and goods to the Lord Proprietary and his heires.
And bee it also Enacted by the Authority and with the advise and assent aforesaid, That whatsoever person or persons shall from henceforth use or utter any reproachfull words or Speeches concerning the blessed Virgin Mary the Mother of our Saviour or the holy Apostles or Evangelists or any of them shall in such case for the first offence forfeit to the said Lord Proprietary and his heirs Lords and Proprietaries of this Province the summe of five pound Sterling or the value thereof to be Levyed on the goods and chattells of every such person soe offending, but in case such Offender or Offenders, shall not then have goods and chattells sufficient for the satisfyeing of such forfeiture, or that the same bee not otherwise speedily satisfyed that then such Offender or Offenders shalbe publiquely whipt and bee imprisoned during the pleasure of the Lord Proprietary or the Lieutenant or cheife Governor of this Province for the time being. And that every such Offender or Offenders for every second offence shall forfeit tenne pound sterling or the value thereof to bee levyed as aforesaid, or in case such offender or Offenders shall not then have goods and chattells within this Province sufficient for that purpose then to bee publiquely and severely whipt and imprisoned as before is expressed. And that every person or persons before mentioned offending herein the third time, shall for such third Offence forfeit all his lands and Goods and bee for ever banished and expelled out of this Province.
And be it also further Enacted by the same authority advise and assent that whatsoever person or persons shall from henceforth uppon any occasion of Offence or otherwise in a reproachful manner or Way declare call or denominate any person or persons whatsoever inhabiting, residing, traffiqueing, trading or comerceing within this Province or within any the Ports, Harbors, Creeks or Havens to the same belonging an heritick, Scismatick, Idolator, puritan, Independant, Prespiterian popish prest, Jesuite, Jesuited papist, Lutheran, Calvenist, Anabaptist, Brownist, Antinomian, Barrowist, Roundhead, Separatist, or any other name or terme in a reproachfull manner relating to matter of Religion shall for every such Offence forfeit and loose the somme of tenne shillings sterling or the value thereof to bee levyed on the goods and chattells of every such Offender and Offenders, the one half thereof to be forfeited and paid unto the person and persons of whom such reproachfull words are or shalbe spoken or uttered, and the other half thereof to the Lord Proprietary and his heires Lords and Proprietaries of this Province. But if such person or persons who shall at any time utter or speake any such reproachfull words or Language shall not have Goods or Chattells sufficient and overt within this Province to bee taken to satisfie the penalty aforesaid or that the same bee not otherwise speedily satisfyed, that then the person or persons soe offending shalbe publickly whipt, and shall suffer imprisonment without baile or maineprise [bail] untill hee, shee or they respectively shall satisfy the party soe offended or greived by such reproachfull Language by asking him or her respectively forgivenes publiquely for such his Offence before the Magistrate of cheife Officer or Officers of the Towne or place where such Offence shalbe given.
As a result of this act, Protestants whose own religions were persecuted in the various English colonies fled the other colonies to settle in Maryland. Within five years, the Protestant population had grown so large that the Protestants were able to revolt and overthrow the Catholic government of Maryland. The Protestants not only overturned the Act, they passed a law forbidding Catholics the right to worship in Maryland at all.

The Catholic governor managed to regain control and strike a deal, allowing the Act to be reinstated in 1658. That lasted until 1692, when the Protestants again overthrew the Catholic government, this time for good. The Act was again repealed, Catholicism again outlawed. By 1718, Catholics were denied the right to vote.

Prior to the Civil War, the Constitution was seen as only being applicable to the federal government, not to local state governments. Thus, many states in America's Constitutional Republic barred Catholics from various aspects of public life right up through the end of the Civil War.

When Pope Francis points out that no one has a right to mock another person's religion, he is echoing Maryland's 1649 Act of Toleration. He is invoking the Catholic history of the United States.

How many modern American Catholics realize this?


Tom Van Dyke said...

My dear Kellmeyer:

I'd love some form of this elegant, erudite and provocative piece as a guest post at my homeblog

which focuses on religion and the American Founding.

a) That the Catholics of Maryland didn't really want to hear the Protestants tripping on the whole Mary thing

b) That "Catholic" Maryland was actually taken over and ruthlessly ruled by the Virginia Protestants

Great stuff. Best regards, esqtvd at aol dot com

Steve Kellmeyer said...

Please do.