Free Speech in The Church
Free Speech in The Church
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Quarterly Review
Gerry O'Hanlon S J
It may come as a surprise to many to learn that the Catholic Church's teaching
on freedom of speech and expression within the Church is overwhelmingly
positive. I say a surprise, because, the practice of the Church has been seen
to be quite repressive, not least in recent times, in Ireland and world-wide. I
want to examine this teaching and practice, with a view to teasing out some
of the issues that arise.
Karl Rahner, himself intermittently under a cloud from the Vatican from
1951 to 1962 (on the eve of the Council), bravely wrote a significant piece in
1953 (published in English in 1959).3 In it he referred to the Pope's observation
and developed his own argument for free speech in the Church. He wanted
the faithful to be brought up in a responsible spirit of obedience which would
make use 'of their right to express their opinions' (36), to have a 'proper
critical spirit towards Church matters' (36), learning to unite 'the inevitable
detachment of a critical public attitude with genuine and inspired love of the
Church and a genuine subordination and submission to the actual official
representatives of the Church' (36). He went on to say that we must learn
'that even in the Church there can be a body something like Her Majesty's
Opposition, which in the course of Church history has always had its own
kind of saints in its ranks - the ranks of a genuine, divinely-willed opposition
to all that is merely human in the Church and her official representatives'
(36-37). He argued that not only do the faithful have a right to speak out in
certain circumstances, but also a duty (37).
In the context of the political culture of his time, current and recent
(Communism, Nazism and Fascism in Europe), Rahner cautioned that 'the
Church today should be more careful than ever before not to give even
the slightest impression that she is of the same order as those totalitarian
states for whom outward power and sterile obedience are everything and
love and freedom are nothing, and that her methods of government are those
of the totalitarian systems in which public opinion has become a Ministry
of Propaganda' (38). And, with admirable restraint and delicacy, he noted
that even today 'we - both those of us who are in authority and those who
are under authority - are perhaps still accustomed here and there to certain
patriarchal forms of leadership and obedience which have no essential or
lasting connection with the real stuff of Church authority and obedience' (38).
It was Vatican II itself which officially adopted a more open attitude to
the secular world and supplied a much needed corrective to the unbalanced
negativity of the 'long nineteenth century'.4 In particular, in its Declaration
on Religious Freedom (one of the documents which Joseph Ratzinger,5
approvingly, referred to as part of the 'counter-syllabus' of Vatican II), it
became clear that freedom of religion and conscience entailed respect for
free speech.
However, the most authoritative expression of the teaching on free speech
in the Church occurs in an Instruction of the Pontifical Council for Social
Communications, entitled Communio et Progressio (CP) and published in
1971.6 In CP (referred to approvingly by Pope John Paul II in 2005), the
notions of free speech, the right to freedom of expression and information,
and the related notion of public opinion are located within the social nature of
the Church, with special emphasis on their potential for building community.
Public opinion is seen as an essential expression of human nature organised
certain supernatural co-naturality with the truth of the Gospel which belongs
to the baptised individual and community. It outlines its biblical roots and
its crucial historical role, not least as understood by Cardinal Newman in
his analysis of the role of the 'simple' faithful in maintaining the orthodoxy
of the teaching of the Council of Nicea in the 4th century about the divinity
of Christ, when the bishops were wavering. While it is made clear that an
authentic discernment12 of this 'sense of the faith' at any particular time and
in relation to any particular issue is more than a mere survey or poll of public
opinion - indeed it may not even coincide with majority public opinion,
since often the truth is to be found in minority opinion - nonetheless 'public
opinion is a prime means by which, in a normal way, the sensus fidelium '
can be gauged' (n 125). Other means are also identified - the liturgy, popular
religiosity, the poor and also 'various institutional instruments by which
the faithful may more formally be heard and consulted... such as particular
councils... diocesan synods... the pastoral council of each diocese... and
pastoral councils in parishes' (n 125), all involving the lay faithful.
The crucial importance of the 'sense of the faith' as a source and a critical
confirmation of authentic teaching is asserted, thus broadening the 19th
nerve, even a loss of faith17 - a more fearful climate reasserted itself. There
was the anxiety about Liberation Theology in the 80s, the silencing or
cautioning of dozens of theologians, including Seân Fagan in Ireland, and
other authors (including again several Religious in Ireland, the best known
perhaps being the case of Redemptorist priest Tony Flannery).18 Then there
was the attempt to remove certain issues from discussion of any kind and
the introduction of the term 'definitively taught' to cover an issue like the
ordination of women (see below). Side by side with all this was a growing
unease with the method and procedures of the CDF, with its excessive
powers.19 In a forensic analysis, canonist Ladisias Örsy judged that their
revised 1997 norms did not meet the requirement of justice for our day.20
Irish Carmelite theologian Christopher O'Donnell noted that 'the rather
obsessive secrecy surrounding much Church consultation is not helpful'.21
This was an era when it really did seem as if there was little respect for
'Her Majesty's Opposition', in which there was more than a whiff of the
totalitarian, Stasi- like atmosphere portrayed so well by von Donnersmarck
in his film The Lives of Others (2006).
The re-opening of windows by Pope Francis has been experienced by many,
then, as a great relief. He has declared that he wants Roman Congregations
to be institutions of help to the bishops and the Pope, not institutions of
censorship, noting that many cases of supposed lack of orthodoxy should
be handled locally by Conferences of Bishops and not by Rome.22 In this
context one could envisage that the CDF might revert to the role originally
intended for it by Paul VI when he established it (replacing the draconian
Holy Office), namely of encouraging responsible theological debate within
the Church. And there is the invitation for all the baptised, in accordance
with their gifts, to engage in that responsible conversation about faith and the
Church which Rahner spoke about back in the 50s, a conversation entirely
compatible with both criticism and loyalty, and of huge benefit to the Church
in its mission to grow in truth, love and holiness and be a more effective
sign to the world of God's Kingdom. It is in this context that Francis, in his
50th anniversary address, could dare to speak of the hope that the Church
might become a banner, an inspiration to a world that values participation,
solidarity and transparency but does not always achieve them.23
As in civil society, the right to free speech in the Church is not absolute.
- are always open for discussion. Thus, O'Donnell argues that while 'one is
no longer free to assert boldly that women should be ordained', nonetheless
one is always free to examine and attempt to understand the main arguments
given in the matter.
I would simply add at this point that, if such an examination, over a long
time and with a sufficient consensus emerging, continues to leave many
people unconvinced by the reasons given, then, since this is not an infallible
teaching, there begins to emerge a strong case for more open discussion of
the lan sit?' question too, the teaching itself.28 In this context I recall the
salutary remark of the Melkite Patriach Maximos IV Saigh to Paul VI at
Vatican II: 'repressed truths turn poisonous'.29
A further issue arises. I have written above about the link between free
speech and the role of the baptised faithful in sharing in the office of Jesus
Christ as king, not just prophet - in other words to do not just with teaching
but with action. In a similar vein the key Instruction from the Vatican speaks
of the value of public opinion in generating a context where 'the more
valid ideas can gain ground so that a consensus that will lead to common
action (my emphases) becomes possible' (CP, n 25). Is there freedom then
to advocate in the Church, to lobby, even in such controverted cases as the
ordination of women?
I think much of the traditional wisdom around the conditions for legitimate
dissent, also articulated by Rahner in his 50s piece, are helpful here. There
should be a presupposition of love for the Church and respect for legitimate
authority, even when at times we feel the need to challenge the particular
teachings of that authority. The temptation to wilful rebellion is, of course,
always present, given human frailty. In particular we do well to value the
role of authority in establishing and consolidating unity among a widely
diverse body. Nonetheless, as history, including Church history (think of
Jesus challenging the religious establishment of his day, Paul speaking out
openly against Peter in the question of the Gentile, the street riots which
accompanied the christological controversies of the 4th century), teaches us,
there can be a bias of common sense, the received wisdom of the day, which
needs challenging if we are to be led into the 'fullness of truth' by the Holy
Spirit (Jn 16,13).
Commentators on Catholic Social Teaching have noted the reserve of
the Church in commenting on the positive role of conflict, confrontation,
even anger in confronting situations of injustice.30 Pope Francis himself,
Conclusion
'In the beginning was the Word...' (John 1,1) - Christianity is grounded in
that original act of communication and self-expression, whose origin and
fullness is relationship and love, that we call the Trinity. And our Trinitarian
God freely communicates the divine self to us, creatures made in the divine
image and likeness. Our Church is more truly a sign, a sacrament of that
divine origin and end, the more it can encourage that freedom of speech
which is rooted in responsible love. This respect for freedom is part of its
mission to our world. We are being provided with a new context in which
it has become possible to fulfil this mission, a possibility that can only be
actualised if all Church members, according to their ability, play their role.
Notes
1 See O'Hanlon, 'Religious freedom', The Furrow, 64 (February 2013), 67
77.
2 Patrick Hannon, 'Free speech in the Church?', The Furrow, 63 (June 2012),
259-268 at 261 (and note 2).
3 Karl Rahner, Free Speech in the Church (New York: Sheed and Ward, 1959).
4 John O'Malley uses this term to refer to the period between the aftermath
of the French Revolution and the eve of the Second Vatican Council, as
experienced by the Catholic Church - see O'Malley, What Happened at
Vatican //(Cambridge, Mass.: Harvard University Press, 2008), chapter 2.
5 Joseph Cardinal Ratzinger, Principles for Catholic Theology: Building
Stones for a Fundamental Theology (San Francisco: Ignatius Press, 1987),
pp.381-2 (original German 1982).
6 This was mandated by Inter Mirifica, Vatican II's decree on the modern
media of communication, promulgated in 1963. For what follows see in
particular the most helpful account by Patrick Hannon, op. cit.
7 Hannon, op. cit., p.265.
8 The reference is to Lumen Gentium 12 and the sensus fidei, more usually
translated as the 'sense of the faith'.
9 See Anthony J Godzieba, ' Quaestio disputata: the magisterium in an age of
digital reproduction', pp. 140-153, and Vincent J Miller, 'When mediating
structures change: the magisterium, the media and the culture wars', pp.154
174, in Richard R Gaillardetz (ed.), When the Magisterium Intervenes
(Collegeville: Liturgical Press, 2012).
10 Hannon, op. cit., pp.261-2.
11 See Hannon, op. cit., p.263, note 5, for further references.
12 See O'Hanlon, 'Discernment and the Synod on the Family', Doctrine and
Life, 65 (September 2015), 9-20.
13 See Ormond Rush, 'The prophetic office in the Church', in Gaillardetz, op.
cit., pp.89-112.
14 See O'Hanlon, 'The quiet revolution - reflections on Synod 2015', The
Furrow, 66 (December 2015), 632-641.
15 O'Hanlon, 'Church, women, authority - why notV, Doctrine and Life, 66
(January 2016), 23-32.
16 See Richard R Gaillardetz, An Unfinished Council (Collegeville: Liturgical
Press, 2015) 35-38
17 Jim Corkery SJ, 'Our own hope had been...(Luke 24:21): The promise of
Vatican II - reality or illusion', in Suzanne Mulligan (ed.), Reaping the
Harvest: Fifty Years after Vatican //(Dublin: Columba Press, 2012), pp.30
32.
monarch: the pope holds supreme legislative, executive, and judicial authority
with few checks of power', and goes on to state that '...the treatment of
theologians accused of dissent by the Congregation of the Doctrine of the
Faith (CDF) is one of the scandals of the church' (Commonweal, 25 April
2008, 15-17).
20 See Ladisias Örsy, Receiving the Council (Collegeville: Liturgical Press,
2009), chapter 7, especially pp. 102-4.
21 Christopher O'Donnell, 0 Carm., Ecclesia, A Theological Encyclopedia
(Collegeville: Liturgical Press, 1996), p. 136 (article on Dissent).
22 Pope Francis, 'A big heart open to God', interview in Jesuit periodicals
(including Studies), 2013.
23 Pope Francis, Address at Commemorative Ceremony for 50th Anniversary of
the Synod of Bishops, October 2015.
24 See Hannon, op. cit., 259-260, especially note 1 with reference to standard
treatments of this issue.
25 For a fuller discussion, in dialogue with Cardinal Ratzinger, then Prefect
of the CDF, see Örsy, 'Definitive doctrine and ordinances supporting it', in
Receiving the Council, pp. 115-142.
26 O'Donnell, op. cit., pp.474-478 (on Women, Ordination Of).
27 Bernard J F Lonergan SJ, Insight, A Study of Human Understanding (London:
Longmans, Green & Co, 1957).
28 See O'Hanlon, 'Church, women, authority: why notV, 23-32.
29 O'Malley, op. cit., p.272.
30 See Patrick Riordan SJ, 'A blessed rage for the common good', Irish
Theological Quarterly, 76 (2011), 3-19; Charles Curran, Catholic Social
Teaching, 1891-Present (Georgetown: Georgetown University Press, 2001),
chapters 5 and 7; Donal Dorr, Option for the Poor and for the Earth (New
York: Orbis Books, 2016) (new edition about to be published), chapter 21.
31 Pope Francis, Address to Popular Movements, Rome, 28 October 2014.
32 Pope Francis, Wake Up the World, Address to Religious, November 2013 —
original text in La Civiltà Cattolica, 2014 I, 3-17.
33 Pope Francis, Evangelii Gaudium, 2013, n 31
34 Sidney G Tarrow, Power in Movement, Social Movements and Contentious
Politics (Cambridge: Cambridge University Press, 2011), pp. 159-167
35 Örsy, 'Fifty years later: the Council lives', Doctrine and Life, 62 (October
2012), 5-11 (at 8-9).
36 Connacht Tribune and ACP web-site, March 28, 2013.
37 See Francis A Sullivan SJ, Magisterium, Teaching Authority in the Church
(Dublin: Gill and Macmillan, 1983), pp.156-157 - in the context of non
defined statements the bishops state: 'In order to maintain the true and
ultimate substance of faith she (the Church) must, even at the risk of error in
points of detail, give expression to doctrinal directives which have a certain
degree of binding force, and yet, since there are not de fide definitions,
involve a certain element of the provisional even to the point of being
capable of including error'.