The (Ab)use of freedom of speech and the 1788 <i>Ismaël</i>-controversy: the legal limitations and affordances of a parodic periodical in the Dutch Republic

Abstract This article highlights a fascinating legal wrestling match over the limits of free speech through humorous artistic works in late eighteenth century – just before freedom became constitutional right. It concerned parodic item “Reports from Babel” an issue anonymous Dutch journal Ismaël 15 September 1788. The city Utrecht and specific authorities were allegedly targeted who turn prosecuted local sellers these perceived libels, Gijsbert Timon van Paddenburg Justus Visch. controversy is studied political-historical background Orangists, had been returned to power following turbulent period. arguments court parties involved are analysed, as well reception Roman law iniuria specifically regarding libels. Literary philosophical-linguistic theories employed gain insight into way this particular parody form was dangerous late-eighteenth-century society. We show that defendants exploited ambiguity language part their defense strategy. Nonetheless, judicial dismissed language-based arguments, ultimately condemning two booksellers with considerable fine 1000 guilders. legal-historical discussion works, such , complex relationship between libel laws speech.