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 “James Rhodes wins at the Supreme Court”