When thinking is made a crime

By James A. Haught | 4 May 2022
Freethought Now

Declaration of the Rights of Man and of the Citizen in 1789. (Credit: Wikimedia Commons / Public Domain)

Blasphemy laws are a global scourge even in our era, as a recent report demonstrates. And they have an unfortunately long history.

As prehistoric tribes evolved into early civilizations, tribal shamans were succeeded by elaborate priesthoods claiming to represent hundreds of magical gods. Priestcraft became a complex profession and gained enormous power over societies. Temples and sacrifices dominated many cultures. Shrewd men learned that they could live in luxury, instead of toiling like the rabble, if they were seen as conveyors of the holies.

“The first divine was the first rogue who met the first fool,” Voltaire wrote.

One way to guarantee the high status of priests was to inflict severe punishment on anyone who might question their supernatural connections. Thus blasphemy laws were born.

In ancient Greece, some of the first scientific thinkers were accused of “impiety” punishable by death. The list includes Socrates, Anaxagoras, Protagoras, Alcibiades, Andocides, Diagoras, Theophrastus, Prodicus and even Aristotle. Stilpo of Megara, charged with saying that Athena was “not a god,” joked at his trial that she was a goddess instead. Aspasia, brilliant mistress of ruler Pericles, was charged, but Pericles tearfully won her acquittal.

In medieval times, the Holy Inquisition tortured and burned thousands for heresy and blasphemy. Thinking unapproved thoughts could bring violent death.

Arrival of The Enlightenment gradually erased the church’s power to kill people. But blasphemy laws still sent nonconformists to prison.

A historic deadlock — a standoff between two irreconcilable worldviews — was created in the 1790s when America adopted the Bill of Rights assuring individual freedoms. The First Amendment guarantees free speech, free press and freedom of religion. It’s the heart of democracy, letting everyone voice any view, including criticism of religion. It’s in direct conflict with blasphemy laws that mandate punishment of those who doubt the supernatural.

Even after the Bill of Rights was law, some states continued to outlaw criticism of religion. In 1879, a Maryland law asserted: “If any person, by writing or speaking, shall blaspheme or curse God, or shall write or utter any profane words of and concerning our Savior, Jesus Christ, or of and concerning the Trinity… shall be imprisoned not more than six months.”

A famous case involved P.T. Barnum before he became a circus tycoon. As a teenager, he started a weekly Connecticut newspaper, The Herald of Freedom, that denounced Calvinist “blue laws” against Sabbath work. His attack on church elders caused a libel prosecution that put him in jail for two months. Upon release, the budding showman staged a welcome-home parade for himself.

England’s laws required all officeholders to swear a religious oath “on the true faith of a Christian.” Freethinker Charles Bradlaugh, president of the Secular Society and publisher of a skeptic newspaper, was elected to Parliament in 1880, but refused to swear the oath. He was jailed briefly and expelled from the House of Commons, then won subsequent re-elections, and finally was seated in 1886. He and his secular colleagues had to fight various blasphemy charges.

The clash between free speech and blasphemy prosecution cannot be resolved. It ends only when religion fades so much that too few believers remain to be outraged by questioning. Witty British writer and Catholic apologist G.K. Chesterton wrote in 1905: “Blasphemy depends on belief and is fading with it. If anyone doubts this, let him sit down seriously and try to think blasphemous thoughts about Thor.”

He does have a point there.

Reprinted with permission from the author.

James A. HaughtJames A. Haught is editor emeritus of West Virginia’s The Charleston Gazette-Mail and a senior editor of the Free Inquiry magazine. He is also the author of numerous books and articles; his most recent book is Religion is Dying: Soaring Secularism in America and the West (Gustav Broukal Press, 2010). Haught has won 21 national newswriting awards and thirty of his columns have been distributed by national syndicates. He is in Who’s Who in America, Who’s Who in the World, Contemporary Authors, and 2000 Outstanding Intellectuals of the 21st Century. His website is haught.net.

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