LAW, LIBERTY AND JUSTICE 26l

and a frightened or bigoted magistrate might interpret this as
condemning any speech or book or pamphlet which strikingly
contrasted the lot of the poor with that of the rich. The position
is therefore somewhat paradoxical. In practice the British enjoy
a large measure of freedom which can be simply illustrated:—
Germans, Italians and Russians, not to mention other nation-
alities, who wish to publish books attacking the Constitutions
and conditions of life in their countries, do so in this country, or
France, or the United States;*British .writers, equally critical of
our institutions, publish their works in Britain. Yet this liberty
might be swiftly curtailed in time of acute political conflict,
simply by more rigorous interpretation of the existing law; and
wide discretion rests with the magistracy—that is to say, with a
part of the legal system where the need for reform is generally
admitted.

The Incitement to Disaffection Act, 1934, has a special effect
on books and pamphlets. The general right of the State to punish
attempts to seduce members of the Armed Forces from their
allegiance cannot be denied; and this right the Act reaffirms.
But it further lays down that anyone who intends to commit
this offence, and has in his possession documents suitable for the
purpose, shall likewise be punished. A High Court judge who -is
satisfied that an offence has been committed, may grant a warrant
empowering a police inspector to search any premises where
evidence may be found, and any person on the premises. The
reason for the passing of this Act was that the Admiralty had
expressed concern about political activities directed toward the
Navy and dockyard workers; its practical operation will need
to be watched with care.

The law deals only with documents which have been published;
there is no censorship, that is to say, no need to obtain in advance
permission to publish. Stage production, however, must be
approved by a Court official, the Lord Chamberlain; this censor-
ship works to a set of stereotyped rules, e.g., the prohibition of
certain references to Royalty, or of particular words and phrases.