Robert Sharp

Pupil Barrister

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Academic self-censorship: is  'offence culture' really the problem?

A couple of people have asked me my opinion on an article published on Vox this week.  Writing anonymously, a university lecturer laments the entitled, consumerist tendency amongst his students, which means that they complain whenever they are exposed to ideas or opinions that make them uncomfortable.  The article carried hyperlinks to examples where academics—both students and in some cases teachers—have successfully shut down discussion or caused events to be cancelled because they were deemed ‘offensive’ or upsetting.
If this is a real trend then it’s appalling.  As I and others have argued previously and constantly, there are numerous benefits to having offensive statements made openly.  Such statements can be countered and challenged on the one hand; but they may actually have some merit and change minds and morality (for example, women’s suffrage or gay marriage).  Offence can shock people out of complacency, or be the only thing that makes people question traditional values and the structure of their society.  Finally, it’s far better to have offensive views out in the open, rather than driven underground where they can fester and grow, and where those who have been censored can claim to be a ‘free speech martyr’.
I do want to raise a few aspects of the article that give me pause for thought, however. Continue reading

James Rhodes wins at the Supreme Court

The Supreme Court gave free speech a boost last week when it handed down its ruling in a case known as MLA v OPO, and lifted an injunction prohibiting publication of an autobiography.
The case concerned Instrumental, a memoir by the classical pianist James Rhodes. The book includes graphic accounts of the sexual abuse that Rhodes suffered as a young boy, and how music helped him to overcome the mental health issues he suffered as a result. Rhodes ex-wife sought the injunction on behalf of their son, who as Aspergers Syndrome. She argued that, were their son to read the book, it would cause him significant psychological harm. Relying on 19th century case law, she argued that publication would be to knowingly cause this distress, for which her son would have an action in civil law.
The Court of Appeal had accepted this argument and put an injunction in place, even going so far as to provide a schedule of excerpts from the book that should be removed before publication would be allowed. But on Wednesday the Supreme Court ruled unanimously that this was an error. Continue reading

Revenge porn: A law introduced to protect women is already being used to prosecute one

An article by yrstrly for Independent Voices, on unintended consequences with revenge porn laws. The issue of gender blind laws (and principles) is relevant to my earlier post about apparently misandrist, racist tweeting.


Last year, when campaigners pushed for a new law to prevent ‘revenge porn’, it was clear who they were hoping to protect: women.
Introducing the campaign to parliament in June last year, Maria Miller categorised the issue as a form of violence against women.  All the case studies invoked by campaigners involved women being humiliated by their ex-partners, and MPs discussed the exposure of celebrities like Rhianna and Jennifer Lawrence.  The charity Women’s Aid presented examples where women were forced into posing for photographs by abusive partners, saying that “perpetrators of domestic violence use revenge porn as a tool to control, humiliate, and traumatise their victims.”
It is surprising, then, to hear that one of the first prosecutions under the new law will be the ‘tabloid personality’ Josie Cunningham.  A law introduced as a way of protecting women is already being used to prosecute a woman. Continue reading

#KillAllWhiteMen? You must be joking

Bahar Mustafa, the welfare and diversity officer at Goldsmiths, is facing a petition for her removal after she allegedly used hate speech on social media.  Apparently she used the hashtag #KillAllWhiteMen.  Critics say this is inciting violence:  “Too befuddled by theory to know that killing is wrong“.
Obviously, someone elected to a position of authority and responsibility should be more diplomatic in their use of language so its probably right that she should be asked to step down.  But the story is a useful way to restate a point about ‘white privilege’ and ‘male privilege’ that I touched on a while back when Diane Abbott was accused of racism.
Its this: My white male privilege is such that when someone tweets #KillAllWhiteMen, I assume is a joke.  I read the hashtag and my natural reaction is that she’s indulging in hyperbole.  Banter. I get to make that assumption because I don’t live in a society that demeans or belittles me because of my race or gender.  Nothing in the mainstream culture or media undermines me or makes me insecure because of my phenotype or chromosomes.
Black people do not get to make that assumption.
Women do not get to make that assumption.
LGBTQ people do not get to make that assumption.
When any of these people see comparable hashtags (posted, usually, by white men) the threat feels real, and their outrage in response to such message is real and justified.  Conversely, when there is an angry backlash against people like Mustafa on petition sites and newspapers like The Daily Mail, the outrage seems (to my mind) quite false: a mask donned in order to better fight the culture war.
None of this is to defend Bahar Mustafa or to suggest that routinely posting antagonistic messages is admirable.  Rather, its just to point out that context is important.  While laws should be blind to race, gender and sexuality, our society and the interactions within it are not.  Words that bite in one context may be toothless in another.
Indeed, changing contexts mean there will be situations where white men would indeed feel menanced by a hashtag.  For example, if it were tweeted in Paris on 7th January, right after the Charlie Hebdo murders, messages like #KillAllWhiteMen would take on on a whole new meaning, and I’d think again.

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