We are accustomed to classify States according to the different ways in which "the supreme might" is distributed. If an individual has it—monarchy; if all have it—democracy; etc. Supreme might then! Might against whom? Against the individual and his "self-will." The State practises "violence," the individual must not do so. The State's behavior is violence, and it calls its violence "law"; that of the individual, "crime." Crime,[137] then,—so the individual's violence is called; and only by crime does he overcome[138] the State's violence when he thinks that the State is not above him, but he above the State.
Now, if I wanted to act ridiculously, I might, as a well-meaning person, admonish you not to make laws which impair my self-development, self-activity, self-creation. I do not give this advice. For, if you should follow it, you would be unwise, and I should have been cheated of my entire profit. I request nothing at all from you; for, whatever I might demand, you would still be dictatorial lawgivers, and must be so, because a raven cannot sing, nor a robber live without robbery. Rather do I ask those who would be egoists what they think the more egoistic,—to let laws be given them by you, and to respect those that are given, or to practise refractoriness, yes, complete disobedience. Good-hearted people think the laws ought to prescribe only what is accepted in the people's feeling as right and proper. But what concern is it of mine what is accepted in the nation and by the nation? The nation will perhaps be against the blasphemer; therefore a law against blasphemy. Am I not to blaspheme on that account? Is this law to be more than an "order" to me? I put the question.
Solely from the principle that all right and all authority belong to the collectivity of the people do all forms of government arise. For none of them lacks this appeal to the collectivity, and the despot, as well as the president or any aristocracy, etc., acts and commands "in the name of the State." They are in possession of the "authority of the State," and it is perfectly indifferent whether, were this possible, the people as a collectivity (all individuals) exercise this State-authority, or whether it is only the representatives of this collectivity, be there many of them as in aristocracies or one as in monarchies. Always the collectivity is above the individual, and has a power which is called legitimate, i. e. which is law.
Over against the sacredness of the State, the individual is only a vessel of dishonor, in which "exuberance, malevolence, mania for ridicule and slander, frivolity," etc., are left as soon as he does not deem that object of veneration, the State, to be worthy of recognition. The spiritual haughtiness of the servants and subjects of the State has fine penalties against unspiritual "exuberance."
When the government designates as punishable an play of mind against the State, the moderate liberals come and opine that fun, satire, wit, humor, etc., must have free play anyhow, and genius must enjoy freedom. So not the individual man indeed, but still genius, is to be free. Here the State, or in its name the government, says with perfect right: He who is not for me is against me. Fun, wit, etc.,—in short, the turning of State affairs into a comedy,—have undermined States from of old: they are not "innocent." And, further, what boundaries are to be drawn between guilty and innocent wit, etc.? At this question the moderates fall into great perplexity, and everything reduces itself to the prayer that the State (government) would please not be so sensitive, so ticklish; that it would not immediately scent malevolence in "harmless" things, and would in general be a little "more tolerant." Exaggerated sensitiveness is certainly a weakness, its avoidance may be a praiseworthy virtue; but in time of war one cannot be sparing, and what may be allowed under peaceable circumstances ceases to be permitted as soon as a state of siege is declared. Because the well-meaning liberals feel this plainly, they hasten to declare that, considering "the devotion of the people," there is assuredly no danger to be feared. But the government will be wiser, and not let itself be talked into believing anything of that sort. It knows too well how people stuff one with fine words, and will not let itself be satisfied with this Barmecide dish.
But they are bound to have their play-ground, for they are children, you know, and cannot be so staid as old folks; boys will be boys.
Only for this play-ground, only for a few hours of jolly running about, they bargain. They ask only that the State should not, like a splenetic papa, be too cross. It should permit some Processions of the Ass and plays of fools, as the church allowed them in the Middle Ages. But the times when it could grant this without danger are past. Children that now once come into the open, and live through an hour without the rod of discipline, are no longer willing to go into the cell. For the open is now no longer a supplement to the cell, no longer a refreshing recreation, but its opposite, an aut—aut. In short, the State must either no longer put up with anything, or put up with everything and perish; it must be either sensitive through and through, or, like a dead man, insensitive. Tolerance is done with. If the State but gives a finger, they take the whole hand at once. There can be no more "jesting," and all jest, such as fun, wit, humor, etc., becomes bitter earnest.
The clamor of the Liberals for freedom of the press runs counter to their own principle, their proper will. They will what they do not will, i. e. they wish, they would like. Hence it is too that they fall away so easily when once so-called freedom of the press appears; then they would like censorship. Quite naturally. The State is sacred even to them; likewise morals, etc. They behave toward it only as ill-bred brats, as tricky children who seek to utilize the weaknesses of their parents. Papa State is to permit them to say many things that do not please him, but papa has the right, by a stern look, to blue-pencil their impertinent gabble. If they recognize in him their papa, they must in his presence put up with the censorship of speech, like every child.
If you let yourself be made out in the right by another, you must no less let yourself be made out in the wrong by him; if justification and reward come to you from him, expect also his arraignment and punishment. Alongside right goes wrong, alongside legality crime. What are you?—You are a——criminal!