The Theory of Hurt Sentiments

“Hurt sentiments” are a strange thing. X decides he does not like what Y has written, or said, or done, and then goes to court about it. It’s not as if he was thrashed by Y; more like he thrashed himself and then held Y responsible for his own actions. The idea of libel/slander/defamation, and (nearly) all censorship is based on this ridiculous notion. The Americans are the only people in the world who, thanks to the first-rate minds behind the First Amendment, enjoy some measure of protection under law when it comes to censorship; even they are not immune from persecution for libel. The rest of humanity is at the mercy of lunatics and barbarians.

The comment by a judge of the Delhi HC warning Google and Facebook that the judiciary would “go China” on them unless they get their act together is par for the course as far as India is concerned. Politicians and judges indulge in this behavior only because the majority of people in the country are in favor of such enforcement.

Mencken was right.

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