Robert Sharp

Pupil Barrister

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On Gun Ownership, Nothing Less Than Repeal of the 2nd Amendment Will Do

Not a week goes by, it seems, without a mass shooting in the USA.  The world’s oldest democracy also has the highest rate of gun related deaths in the developed world.  It’s a shocking public safety problem, and it’s caused by the fact that the Constitution of the Unitied States says that the government cannot curtail its citizens’ right to bear arms.
Many constitutional scholars say that the 2nd Amendment does not really mean that individuals can arm themselves. Rather, they say, it simply stops the Federal Government from preventing the formation of militia.  The authors of that text were, after all, mindful of tyrannies, dictatorships and unchecked state violence. Continue reading

Peter Tatchell's Surprising Support for the Homophobic Bakers

Remember the controversy about the ‘gay cake’?  Last year, a bakery in Belfast refused to make a cake with a pro-gay marriage slogan.  A court ruled that the bakers had discriminated against a customer on the basis of his sexual orientation, contrary to equality legislation.  The customer, Gareth Lee, was awared £500 in compensation.
The case will be considered in the Appeal Court this week.  Ahead of the hearing, the veteran gay-rights campaigner Peter Tatchell has published a surprising article defending the bakery.  There’s a version on the Guardian comment pages, and a longer version sent to Peter’s mailing list.
I recommend reading the entire article, but the crux of Tatchell’s argument is this:

It is discrimination against an idea, not against a person.

The bakery refused to support and propagate the idea of same-sex marriage.  Lee was not refused service because he was gay, but because of the message on the cake.
This is a subtle point but also a persuasive one.  The implications loom large.  Tatchell asks:

Should a Muslim printer be obliged to publish cartoons of Mohammed or a Jewish one the words of a Holocaust denier? Will gay bakers have to accept orders for cakes with homophobic slurs? … If the current Ashers verdict stands it could, for example, encourage far right extremists to demand that bakeries and other service providers facilitate the promotion of anti-immigrant and anti-Muslim opinions. It would leave businesses unable to refuse to decorate cakes, print posters and emblazon mugs with bigoted messages.

Freedom of expression and freedom of conscience surely means the freedom not to engage in the commerce of distributing ideas that you oppose.
I’d previously written off the Asher’s case as exactly analagous to the case of the Bed & Breakfast owners who refused service to a gay couple—This blog has previously discussed the issues raised by such cases. However, Peter Tatchell’s article has persuaded me otherwise.

The Medium of Icing

Who would have thought that patrsies are political! Almost 10 years ago, this blog also discussed the Medium of Icing.

Kickstarter's Honest Response To A PR Problem

Last year, the amazing Zano project crashed both literally and metaphorically.  Once the largest ever European project to have been funded on Kickstarter, Zano was an ambitious plan to produce thousands of remote control drones with auto-follow and return-to-base capability.  But the idea failed spectacularly in November 2015 when the Welsh company Torquing Group went bust.
This was obviously a personal and financial disaster for those running the company; and a serious disappointment for everyone who had paid £139 or more to Kickstarter in the hope of receiving one of the first batch of drones.
However, it was also a public relations nightmare for Kickstarter.  It is certainly not unknown for crowd-funded projects to fail and not deliver the backer ‘rewards’ as promised, but the high profile nature the Zano project, and its complete demise, threatens to destroy the trust that millions of people have placed in the platform.  Worse, it could undermine the whole idea of crowd-funding as a way to finance products and creative content. Continue reading

Mass Murder LOLs

One striking aspect of the Star Wars behemoth is how the bad guys have become hip1.  The triangles and chevrons of the Darth Vader and Stormtrooper mask have become iconic in their way, and adorn T-shirts, rucksacks, pin-badges, and even baby clothes.

It therefore seems natural that one can buy Darth Vader and Stormtrooper outfits for your kids. Continue reading

Rhodes, Political Correctness and the Censorship of History

You’re all aware of the controversy surrounding the Cecil Rhodes statue at Oxford University, right?
To recap: Cecil Rhodes (1853-1902) was the colonialist, businessman and white supremacist whose career in Southern Africa had huge impact on the continent.  The celebrated Rhodes Scholarship programme at Oxford University was established by his estate. As such, there is a statue of him at Oriel College at Oxford.  Some current students are campaigning to have the statue removed on the grounds that Rhodes was a racist and not someone who should be glorified in stone.
This campaign is happening in a milieu of renewed debates about freedom of expression and decency at universities.  I am against ‘no platform’ policies,  and against the abuse of useful innovations such as Safe Spaces and Trigger Warnings as a way to shut down offensive speech. Continue reading

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