Robert Sharp

Pupil Barrister

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Twitter Succumbs to Regulation

The news that Twitter is censoring content in Germany is a great big casserole of free speech and censorship issues. There are so many things to say that I almost don’t know where to start. Almost.
The first issue is over the German laws against holocaust denial and Nazism. These laws are not unique in Europe and should be seen in the context of the second world war. Europeans, and Germans in particular, are obviously very sensitive about the Nazi ideology and one can understand why such laws are in place. However, this does not make them right or sensible. It is all very well to suppress Nazi ideology, but what if the next threat to democracy comes from a left wing perspective? Communism, after all, is as lethal as Nazism.
Suppressing any speech, however abhorrent, only serves to send it underground. It is far better to have such speech out in the open where it can be countered. The great failure in Germany in the 1920s and 1930s was not that Hitler was allowed to put forward his views, but that not enough people challenged him. This is how evil flourishes – good people stand by and do nothing. Laws against Nazism and holocaust denial are sticking plasters. They do not tackle the root cause of such ideologies, or change minds. Continue reading

Nick Griffin and the Limits of Free Speech

BNP Chairman Nick Griffin MEP has just caused a bit of a Twitter storm by publishing the address of a gay couple who sued a Christian B&B couple who refused them board.
I spend a lot of time on this blog defending the right of bigots and racists to say horrible things, online and in person.  However, I think this superficially anodyne tweet might actually cross the line into territory I would not defend.
Why?  Well, first, there is an invasion of privacy.  Griffin is a public figure with a large Twitter following.  The couple in question have a reasonable expectation that their address will not be broadcast.
More importantly, the tweet could be considered inciting violence and harassment.  In a followup, Griffin said a ‘British Justice Team’ (whatever that is) should visit to give them ‘a bit of drama’.  If it were my address that had been published, I would feel harassed and terrorised and probably go and stay elsewhere for a few days.
This is the sort of ‘direct’ incitement I have spoken of previously when considering the boundaries of free speech. Continue reading

The Incompleteness of the Abortion Debate

Mehdi Hasan has provoked a big online debate about abortion, after publishing a column in the New Statesman on whether abortion is a Left/Right issue in politics. Mehdi says that although the Left is usually identified with the pro-choice* argument and the Right with pro-life*, the arguments deployed are (in his view) the opposite of what the Left and Right usually deploy. The Left use the language of individualism and choice, while the Right use the language of vulnerability and equality.
This article sparked a furious online debate about the central issue – Kenan Malik has an excellent pro-choice rejoinder to Hasan’s piece.  There has also been a meta-debate about whether it was even possible to have a reasoned debate about the issue. I was taken with Hopi Sen’s analysis, comparing what a person thinks they said with what people on the opposing side actually hear (see these amusing stanzas for a shortened version).
I tend to think of the central question as a Devil’s Alternative type question. Whatever you choose, the outcome is bad. Trying to devise rules – legal or ethical – for a Devil’s Alternative problem seems futile. Is abortion right? is a trick question: The stuff of utilitarian philosophy lectures and episodes of 24, where you try to work out the course of action that causes least hurt… Knowing full well that any choice you make leads to permenant unpleasant consequences. Perhaps the only way out of the mire is to punt on the central ethical question, declaring it essentially incomplete in Gödel‘s sense: we are not equipped to process such a question properly. It is undecidable. A paradox that exposes the limits of our language and ethical structures. Continue reading

Tut Tut Tut, Looks Like Rain

While all manner of scandal engulfs politics and the media, and while the British Twittersphere gets angry about abortion, I’m considering the weather. Or at least, two competing attitudes to those who predict it.
First, a fascinating extract from Nate Silver’s book The Signal An The Noise looks at the art of weather forecasting, and the psychologies at play.

Catering to the demands of viewers can mean intentionally running the risk of making forecasts less accurate. For many years, the Weather Channel avoided forecasting an exact 50 percent chance of rain, which might seem wishy-washy to consumers. Instead, it rounded up to 60 or down to 40. In what may be the worst-kept secret in the business, numerous commercial weather forecasts are also biased toward forecasting more precipitation than will actually occur. (In the business, this is known as the wet bias.) For years, when the Weather Channel said there was a 20 percent chance of rain, it actually rained only about 5 percent of the time.
People don’t mind when a forecaster predicts rain and it turns out to be a nice day. But if it rains when it isn’t supposed to, they curse the weatherman for ruining their picnic. “If the forecast was objective, if it has zero bias in precipitation,” Bruce Rose, a former vice president for the Weather Channel, said, “we’d probably be in trouble.”

Continue reading

Two Pussy Riot Convictions Upheld

Pussy Riot in the dock

Feminist punk group Pussy Riot members, from left, Yekaterina Samutsevich, Maria Alekhina and Nadezhda Tolokonnikova.


Yesterday in a Moscow court-room, two of the three Pussy Riot convictions were upheld.  Nadezha Tolokonnikova and Maria Alyokhina will serve a two year sentence for hooliganism.  The appeal of Yekaterina Samutsevich was granted and she was released.
The three members of the Pussy Riot punk art collective had previously been convicted on a charge of hooliganism, for a political protest staged in a Russian Orthodox Cathedral.  The English PEN website has more detailed information and suggested actions to take in support of the two imprisoned women.
The Russia Legal Information Agency published a live-blog of the appeal hearing yesterday.  One entry stands out:

13:11 [Prosecutor] Alexei Taratukhin is up. He negatively assessed the request for a special ruling to restrict President Putin from expressing sentiments about the trial. “Everyone has the freedoms of thought and speech. Should we force the highest official in the country to give up his opinion?”

(Emphasis added).
So: The prosecutor in a trial seeking to suppress protest cites the value of free expression, but only when applied to the President.  The hypocrisy here is breathtaking. Continue reading

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