Pupil Barrister

Tag: free speech (Page 5 of 47)

If You’re Worried About Political Correctness Going Too Far, then You Had Better Oppose The Threat to Judicial Review and Human Rights

Are you the sort of person who gets annoyed with ‘political correctness’? Are you fed up with ‘woke’ students and minority rights activists seeking to police your thoughts? Exasperated with civil servants attempting to social engineer us all?
Well then you had better get behind the campaign to save judicial review.
Last week Mr Justice Julian Knowles of the Administrative Division of the High Court handed down his judgment in R (Miller) v The College of Policing and another [2020] EWHC 225 (Admin). Continue reading

Offence and Intent

There have been a several incidents recently where a person has caused offence by their actions and language, and been accused of racism. Roger Scruton said that Chinese people were like robots, Danny Baker tweeted a picture of a chimpanzee, Priti Patel used an antisemitic dog-whistle, Louise Ellman faced deselection on Yom Kippur, and Alastair Stewart quoted Shakespeare.1
In each case, when a complaint has been voiced, other people have chimed in to say that the offence caused was unintended.
But this only fans the flames of the row. Those who have taken offence (or those who are offended on their behalf) claim that the intent of the person giving offence doesn’t matter. Rather, our moral judgments should be based on the effect it has on those on the receiving end of the words or actions.
This makes me uneasy. I don’t think that our moral judgments can be based only on how it affects those who are the perceived target. I think intent is indeed part of the moral equation.
Here’s a thought experiment. Continue reading

What We Talk About When We Talk About Alastair Stewart

Free speech furores now happen on a weekly basis. The latest iteration concerns the ITN newsreader Alastair Stewart, who has stepped down from his duties following some regrettable posts on social media.
At the centre of the controversy is a quote from Shakespeare’s Measure for Measure, which he posted during an argument with activist Martin Shapland. It includes the line “His glassy essence, like an angry ape.” Shapland is black, so the post attracted accusations of racism (comparing black people to apes is an undeniable racist trope).
In that respect, it echoes a controversy last year, when Danny Baker posted a picture of a chimpanzee and likened it to the Duke and Duchess of Sussex’s new baby Archie (who, like his mother, is mixed-race).
The Stewart resignation caused consternation among his fellow journalists. All the comments I saw paid tribute to his career; and many said that the offence taken at his tweets was misplaced.
This was similar to my own, initial reaction. It seemed to me that the outrage was overblown. The Isabella quote from the play talks about humanity in general, rather than describing an individual as monkey-like.
However, reading comments from other people online have made me rethink that position. Those who saw the discussion unfold in real-time say that it was not just a single Shakespeare quote, but a mean-spirited and out-of-character pile-on. And when someone else wryly drew attention to the ‘ape’ slur embedded with the quote, Mr Stewart posted an emoji in response, suggesting he was aware of, and indifferent to, the offence he might cause. Continue reading

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