BLASPHEMY. TO attribute to God that which is contrary to his nature, and does not belong to him, and to deny what does. A false reflection uttered with a malicious de sign of reviling God. Emlyn's Pref. to vol. 8, St. Tr.; Corn. v. Kneeland, 20 Pick. (Mass.) 244.
An impious or profane speaking of God or of sacred things ; reproachful, contemptu ous, or irreverent words uttered impiously against God or religion. Blasphemy cog nizable by common law is defined by Black stone to be "denying the being or provi dence of God, contumelious reproaches of our Saviour Christ, profane scoffing at the Holy Scripture, . or exposing it to contempt or ridicule ;" by Kent as "maliciously re viling God or religion." In general blasphemy may be described as con sisting in speaking evil of the Deity with an impi ous purpose to derogate from the divine majesty, and to alienate the minds of others from the love and reverence of God. It is purposely using words concerning God calculated and designed to Impair and destroy the reverence, respect, and confidence due to him as the intelligent creator, governor, and judge of the world. It embraces the idea of detrac tion, when used towards the Supreme Being ; as "calumny" usually carries the same Idea when ap plied to an individual. It is a wilful and malicious attempt to lessen men's reverence for God by deny ing his existence, or his attributes as an intelligent creator, governor, and judge of men, and to prevent their having confidence in him as such; Com. v. Kneeland, 20 Pick. (Mass.) 211, 212, per Shaw, C. J.
If a man, not for the sake of argument, makes a scurrilous attack on doctrines which the majority of persons hold to be true, in a public place where passersby may be offended and young people may come, he becomes lia ble for a blasphemous libel ; see 72 J. P. 188.
The offense of publishing a blasphemous libel, and the crime of blasphemy, are in many respects technically distinct, and may be differently charged ; yet the same act may, and often does, constitute both. The latter consists in blaspheming the name of God, by denying, cursing, or contumeliously reproach ing God, his creation, government, or final judging of the world; and this may be done by language orally uttered. But it is not the less blasphemy if the same thing be done by language written, printed, and published; although when done in this form it also con stitutes the offence of libel; Corn. v. Knee
land, 20 Pick. (Mass.) 213, per Shaw, C. J.; Heard, Lib. & 51. § 336.
In most of the United States, statutes have been enacted against this offence ; but these statutes are not understood in all cases to have abrogated the common law; the rule be ing that where the statute does not vary the class and character of an offence, but only au thorizes a particular mode of proceeding and of punishment, the sanction is cumulative and the common law is not taken away. And it has been decided that neither these stat utes nor the common-law doctrine is repug nant to the constitutions of those states in which the question has arisen ; Heard, Lib.
& Si. § 343 ; Cora. v. Kneeland, 20 Pick. (Mass.) 206 ; Updegraph v. Com., 11 S. & R. (Pa.) 394; People v. Ruggles, 8 Johns. (N. Y.) 290, 5 Am. Dec. 335; Andrew v. New York Bible & Common Prayer Book Society, 4 Sandf. (N. Y.) 156 ; State v. Chandler, 2 Harr. (Del.) 553 ; Vidal v. Girard, 2 How. (U. S.) 127, 11 L. Ed. 205.
In England, to speak, write and publish any profane words vilifying or ridiculing God, Jesus Christ or the Holy Ghost, the Old or New Testament, or Christianity in general, with intent to shock and insult believers or to pervert or mislead the ignorant or unwary, is a misdemeanor. The intent is an essential element. Odgers, C. L. 206. See [1908] 72 J. P. 188.
In France, before the 25th of September, 1791, it was a blasphemy, also, to speak against the Holy Virgin and the saints, to deny the faith, to speak with impiety of holy things, and to swear by things sacred; Merlin, Repert. The law was repealed on that date.
The Civil Law forbade blasphemy; such, for example, as swear by the hair of the head of God; and it punished its violation with death. Si enim, contra homines facto; blasphemies impunitce non relinquuntur, multo magic qui ipsum, Deum blasphemant digni sent supplicia sustinere. (For if slan der against men is not left unpunished, much more do those deserve punishment who blas pheme God.) No. 77. 1. § 1.
In Spain it is blasphemy not only to speak against God and his government, but to utter injuries against the Virgin Mary and the saints. Senen Vilanova v Manes, Ma feria Criminal, forense, Observ. 11, cap. 3, n. 1. See CHRISTIANITY.