Source: JonathanTurley.org
Three years ago, we discussed the conviction of a British man for “toxic ideologies,” under the draconian laws criminalizing inciteful or dangerous speech. The erosion of free speech appears to have only accelerated in the UK. As is often the case, the attacks on free speech increase during periods of unrest, anger or fear. With the recent anti-immigration riots, British authorities have used their laws to round up a large number of citizens expressing anti-immigrant views and some have already been convicted. Those cases include Wayne O’Rourke, 35, who has been sentenced to three years in prison for “stirring up racial hatred.”
As I have previously written, the riots were triggered by false reports spread online about the person responsible for an attack at a Taylor Swift-themed dance event that left three girls dead and others wounded. Despite false claims about his being an asylum seeker, the alleged culprit was an 18-year-old British citizen born to Rwandan parents.
The government and news outlets were quick to challenge these accounts, but violent riots have raged across the country, including such despicable acts as burning immigrant housing.
There is no question that the government should crack down on such violence and arrest those engaging in criminal conduct. However, the government immediately pursued those who were expressing hateful or inciteful views.
In my book, “The Indispensable Right: Free Speech in an Age of Rage,” I discuss the collapse of free speech protections in Europe and the United Kingdom specifically. That discussion includes the case of Nicholas Brock, 52, who was convicted for his collection of racist and extreme right material in his home. Detective Chief Superintendent Kath Barnes, Head of Counter Terrorism Policing South East (CTPSE) acknowledged that others might collect such items for historical or academic purposes but Brock crossed the line because he agreed with the underlying views:
“From the overwhelming evidence shown to the jury, it is clear Brock had material which demonstrates he went far beyond the legitimate actions of a military collector…Brock showed a clear right-wing ideology with the evidence seized from his possessions during the investigation….We are committed to tackling all forms of toxic ideology which has the potential to threaten public safety and security.”
That “commitment” is evident in a slew of arrests after the recent riots.
The United Kingdom is an example of what I describe as a pattern of “rage rhetoric” becoming “state rage” in these periods of unrest.
Once again, many of these postings are worthy of condemnation as racist and inflammatory. Many of us have done so. Defending free speech is not a defense of the underlying viewpoints but rather the right to express opposing viewpoints. Good speech can then rebut the bad speech.
The United Kingdom is now committed to silencing opposing views through censorship and criminal charges. As discussed in the book, such laws have never succeeded in history. Not once. They have never killed “toxic ideologies” or deterred any movement. What they do is suppress the free speech of everyone in an ill-conceived effort to legislatively ban hate in society.
An example is found in Germany, which has long had some of the most harsh censorship and criminalization laws.
According to polling, only 18 percent of Germans feel free to express their opinions in public. Fifty-nine percent of Germans do not even feel free expressing themselves in private among friends. Only 17 percent feel free to express themselves on the internet.
They have silenced the wrong people, but there is now a massive censorship bureaucracy in Europe and the desire to silence opposing voices has become insatiable.
Recently, I wrote about the chilling message of Metropolitan Police Commissioner Sir Mark Rowley that not only will British authorities arrest citizens for anti-immigration postings but may pursue others in countries like the United States for stirring up trouble.
Now, they are imprisoning “keyboard warriors,” who express inciteful thoughts.
According to the local Lincolnshire Free Press, O’Rourke encouraged his 90,000 followers to join the protests and told them how to remain anonymous during protests. That is similar to many posts on the left by groups like Antifa.
O’Rourke wrote such postings as “People of Southport where the f**k are you, get out on the street,” “give them hell lads,” and “Sunderland, go on lads.”
Notably, his counsel Lucia Harrington assured the court that her client wants to “re-educate” himself on these issues.
His self-imposed “reeducation” was not enough for Judge Catarina Sjolin Knight, who denounced O’Rourke and “[t]he flames fanned by keyboard warriors like you.”
Lincolnshire Chief Superintendent Kate Anderson promised more such cases for those espousing disfavored views: “This charge demonstrates that we will take fast and decisive action against anyone suspected of sharing harmful content online. We retain a commitment to proactively police and keep people safe across the county.”
Many others have been similarly charged. That includes first offender William Nelson Morgan, 69, who was seen holding a stick and refusing to disperse at a protest at a library in West Yorkshire. He was sentenced to two years and eight months in prison even though he did not take part in rioting. While there can be legitimate charges and penalties for a failure to disperse, the roughly three-year sentence seems fueled on the content of his viewpoints rather than his specific actions.
Likewise, Billy Thompson, 31, received 12 weeks in jail for posting emojis depicting minorities and a gun with inflammatory language. He did not participate in the rioting.
There are many more such cases being reported daily.
As in Germany, years of prosecuting free speech has achieved nothing beyond chilling the speech of all citizens. For years, I have been writing about the decline of free speech in the United Kingdom and the steady stream of arrests.
A man was convicted for sending a tweet while drunk referring to dead soldiers. Another was arrested for an anti-police t-shirt. Another was arrested for calling the Irish boyfriend of his ex-girlfriend a “leprechaun.” Yet another was arrested for singing “Kung Fu Fighting.” A teenager was arrested for protesting outside of a Scientology center with a sign calling the religion a “cult.”
There is an alternative to criminalizing speech. You can punish criminal conduct including proportionate sentencing for the failure to disperse. You can then allow free speech to combat false or hateful viewpoints. British politicians have acknowledged that a large number of citizens hold anti-immigration views. Cracking down on such viewpoints will change few minds and likely only reaffirm the anger directed against the government.
Opposition to these laws has fallen to a dwindling number of free speech advocates in the UK, including author J.K. Rowling. Rowling has opposed a Scottish law, the Hate Crime and Public Order (Scotland) Act 2021, that criminalizes speech viewed as “stirring up hatred” relating to age, disability, religion, sexual orientation, transgender identity or being intersex. That crime covers insulting comments and anything “that a reasonable person would consider to be threatening or abusive.”
For those in the United States who have remained silent in the face of our own anti-free speech movement, Europe offers a glimpse into our future if we do not fight to preserve this indispensable right.