Page:Masterpieces of German literature volume 10.djvu/499



I shall have to make my beginning with an appeal to your indulgence. My defense will go somewhat into detail. It will, on that account, necessarily be somewhat long. But I consider myself justified in pursuing this course, first, by the magnitude of the penalty with which I am threatened under Section 100 of the Criminal Code—the full extent of this penalty amounting to no less than two years' imprisonment. In the second place, and more particularly, I consider my course justified by the fact that this trial by no means centres about a man and the imposition of a penalty.

You will, therefore, permit me, without further preliminary, to carry the discussion from the region of ordinary court-room routine to that higher level on which it properly belongs.

The indictment brought against me is an evil and deplorable sign of the times. It not only offends the common law, but it is a notable violation of the Constitution. This is the first count in the defense which I have to offer.

I. Article 20 of the Constitution reads: "Science and its teaching is free."

What may be the meaning of this phrase in the Constitution, "is free," unless it means that science and its teaching are not subject to the ordinary provisions of the Criminal Code? Is this expression, "Science and its teaching is free," perhaps to be taken as meaning "free within the limits of the general provisions of the criminal code?"