How Legal Drafting Chills Freedom of Speech and Freedom of Assembly

Borrowed from @jamesdmorris twitter feed.

Parliament begins to debate the Police, Crime, Sentencing and Courts Bill today. Following the scenes of heavy-handed policing at the vigil for Sarah Everard this weekend, there is perhaps a greater degree of attention being paid to the proposals than the government may have hoped for. The measures to update the common law offence of nuisance are a particular focus for those of us worried about state encroachment into civil liberties. Doing something that might annoy someone else should not be the basis of a criminal offence that carries a ten-year prison sentence.

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Vagueness, Overbreadth and Unbridled Discretion in Law-making

This crazy story about a university claiming that posters in a window “break the law” is a good example of how chaotic and inconsistent law-making can lead to a denial of liberty. Quick thread. #


I’ve been doing some reading on the ‘chilling effect’ recently. It’s usually used with regards to freedom of expression, but it’s a term imported from US legal thought, and can be applied to any kind of liberty or lawful activity. #
Supreme Court Justice William Brennan warned of how a ‘chill’ can be “generated by vagueness, overbreadth and unbridled discretion” of laws/state powers used to curb speech. (Dissent in Walker v City of Birmingham, 388 US 307 in 1967) # Continue reading “Vagueness, Overbreadth and Unbridled Discretion in Law-making”