Barrister

Category: Diary (Page 34 of 301)

Things that happen to me, or things I do

A Cartesian Defence of the Marketplace of Ideas

Last week I asserted that the ‘marketplace of ideas’, a primary justification for the concept of freedom of expression, probably doesn’t exist. I ended my post with a promise to present some arguments in favour of the so-called market place, and how the concept could be rehabilitated.
The first such argument begins with a comment I made at the end of my guest appearance on the Kraken podcast in February. Winding up, I made the point that “changing your mind can be euphoric”.
What the reveals, of course, is that I have changed my mind in the past. This entire blog is testimony to how a person might iterate and refine their ideas and politics over a period of time. I can think of many examples where I have come to believe something different to my prior assumptions. And in a few cases, I have made a 180 degree turn in my opinions. Continue reading

People Are Sharing This UK Supreme Court Judgment And It's Democratic AF

The United Kingdom Supreme Court today handed down its judgment in the case of R (UNISON) v Lord Chancellor – a case about the charging of Employment Tribunal Fees. The court ruled that the way the government was charging fees for tribunal claims hampered access to justice, and was therefore unlawful. A defeat for the government and a success for UNISON, the union that brought the case.
The Court’s judgment [PDF] is 42 pages long, but lawyers on Twitter have been urging everyone to read the section entitled ‘The constitutional right of access to the courts’. Lord Reed, writing the unanimous verdict, reminds us that access to the courts is “inherent in the rule of law” and that the people, even those of slender means, must be able to access the courts in order to have the laws passed by parliament enforced. Continue reading

Thompson Airways, Syria Speaks and Thoughtcrime

My colleague Jo Glanville was on the Victoria Derbyshire programme last Friday, condemning the treatment of Faizah Shaheen by Thompson Airways.

Faizah Shaheen and Joanna Gosling

Faizah Shaheen (pictured) and Jo Glanville were interviewed by Joanna Gosling on the BBC Victoria Derbshire Programme. You can watch the interview on the BBC iPlayer until 19 August 2017.

Last year, Faizah was reported to counter-terrorism police by Thompson Airways staff after she was seen reading Syria Speaks, a book about the art and culture that has persisted in Syria despite the hideous civil war that has ravaged the country.
Some viewers watching the programme were extremely dismissive of Faizah’s complaint and the wider freedom of expression concerns that Jo Glanville raised. Continue reading

The 'Marketplace of Ideas' Probably Doesn't Exist. What Does That Mean For Free Speech?

Amid all the concern about ‘Fake News’ and the increasing polarisation in politics, there is a psychological insight that I have seen explained and shared in many forms: when presented with a fact that contradicts a strongly held belief, people often reject the fact and double-down in their belief.
This is the Backfire Effect, a phrase coined by the American academics Brendan Nyhan and Jason Reifler. Here’s part of the abstract to their 2006 paper ‘When Corrections Fail‘:

Can these false or unsubstantiated beliefs about politics be corrected? Previous studies have not tested the efficacy of corrections in a realistic format. We conducted four experiments in which subjects read mock news articles that included either a misleading claim from a politician, or a misleading claim and a correction. Results indicate that corrections frequently fail to reduce misperceptions among the targeted ideological group. We also document several instances of a “backfire effect” in which corrections actually increase misperceptions among the group in question.

Continue reading

The Thirteenth Doctor

Jodie Whittaker has been cast as the next star of Doctor Who—the first woman to play the rôle. There has been much discussion about the significance of this: Of the slow but noticeable trend towards more female characters leading major science fiction and fantasy stories; and about the backlash from those men who oppose this trend in general, and the casting of a female Doctor in particular. Continue reading

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