Samizdata quote of the day Crowd-funded cyber-policing » Our ‘Stasi’ face a legal challenge – ‘The right to be offended does not exist’ says a High Court Judge. A Lincolnshire businessman (and former police officer), Mr Harry Miller, has sought a judicial review of one of the more sinister aspects of current policing, the recording of ‘hate incidents’ by the police even when there is no offence (on their own admission). The case is ongoing, and a report in The Telegraph (paywall of sorts) indicates that the judge made a remark that might indicate that he was surprised at the position of the ‘College of Policing’, one of those quangos that isn’t needed and might even have been invented to hammer nails in to the coffin of the liberties of Englishmen. The “right to be offended” does not exist, a judge has said, as the High Court hears that British police forces are recording hate incidents even if there is no evidence that they took place. The College of Policing, the professional body which delivers training for all officers in England and Wales, issued their Hate Crime Operational Guidance (HCOG) in 2014, which states that a comment reported as hateful by a victim must be recorded “irrespective of whether there is any evidence to identify the hate element”. Mr Justice Knowles expressed surprise at the rule, asking the court: “That doesn’t make sense to me. How can it be a hate incident if there is no evidence of the hate element?”. Mr Justice Knowles made the remark on the first day of a landmark legal challenge against guidelines issued to police forces across the country on how to record “non-crime hate incidents”. He added: “We live in a pluralistic society where none of us have a right to be offended by something that they hear. “Freedom of expression laws are not there to protect statements such as ‘kittens are cute’ – but they are there to protect unpleasant things. “Its utility lies in exposing people to things that they do not want to hear.” I note that the BBC takes a different line on the case, highlighting the following: He (Mr Miller) previously described police as using George Orwell’s novel 1984 as an “operating manual”. His barrister, Ian Wise QC, told the court his client was “deeply concerned” about proposed reforms to the law on gender recognition and had used Twitter to “engage in debate about transgender issues”. Mr Wise said Humberside Police had also sought to “dissuade him from expressing himself on such issues in the future”. This, he said, was “contrary to his fundamental right to freedom of expression”.

Mr Miller has “never expressed hatred towards the transgender community”, he said. “He has simply questioned the belief that trans women are women and should be treated as such for all purposes.”

His views, he added, “form part of a legitimate public debate and cannot sensibly be regarded as ‘hate speech'”. In response, Jonathan Auburn, for the College of Policing, said: “While the claimant now expressly disavows having any personal hostility or prejudice towards transgender people, his social media messages speak for themselves.” In one tweet, he said Mr Miller posted: “I was assigned mammal at birth, but my orientation is fish. Don’t mis-species me.” It strikes me that Counsel for the ‘College’ is not making a legal point there, but is trying to stretch a factual one, and conflating incredulity with hostility. At last, someone is taking on the PC State. The case continues. It could set a most welcome precedent on this issue, but it would need the Court of Appeal to rule on the issue to make a generally-binding precedent for England and Wales. Share this...

VK Print Samizdata quote of the day Crowd-funded cyber-policing »

Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling. We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe. Categories Categories Select Category ~ Glossary Categories (114) A (2) B (28) C (7) D (3) E (4) F (5) G (2) H (1) I (3) J (1) K (4) L (6) M (12) N (1) O (1) P (9) R (5) S (6) T (7) V (1) W (5) X (1) ~ Meme Hacks Categories (15) Detournement (3) Evil Empire (5) Hippopotami (1) Propaganda (6) ~ Photos #1 Categories (8) ~ Photos #2 Categories (11) ~ Photos #3 Categories (2) ~ White Rose Categories (678) Activism (17) Administrative (10) Big Brother (45) Biometrics (40) Civil Liberties (107) Constitution (6) European Union (45) Events (5) Historical Perspective (31) Identity Cards (168) Liberty (16) Privacy (95) Security (17) Self-Defence (5) Self-Ownership (8) Slogans & Quotations (24) Surveillance (98) Technology (50) Abortion (14) Activism (247) Administrative (133) Aerospace & Astronautics (541) Afghanistan (80) African affairs (188) Anglosphere (136) Antics & Parties (152) Architecture (88) Arts & Entertainment (929) Asian affairs (272) Aus/NZ affairs (131) Balkans (44) Best of Samizdata.Net (82) Blogging & Bloggers (536) Book reviews (147) Children’s issues (124) Chinese affairs (33) Civil liberty & Regulation (1,109) Deleted by the Woke Media (62) Eastern Europe (128) Economics, Business & Globalization (1,720) Education & Academia (354) Environment (245) European affairs (386) European Union (788) Events (121) French affairs (264) German affairs (83) Health & medical (418) Hippos (20) Historical views (744) How very odd! (584) Humour (513) Immigration (67) Indian Subcontinent (70) International affairs (232) Internet (98) Irish affairs (87) Japan (8) Korea (32) Languages (29) Latin American Affairs (118) Media & Journalism (692) Middle East & Islamic (1,127) Military affairs (410) Mindless “Inequality” Blather (26) Monarchy (40) North American affairs (1,521) Opinions on liberty (1,100) Personal views (303) Philosophical (266) Political Economy (23) Privacy & Panopticon (490) Religion (53) Russia (177) Science & Technology (956) Science Fiction & Fantasy (116) Self defence & Security (474) Self ownership (201) Sexuality (127) Slogans & Quotations (2,996) Space (1) Sports (386) Sui generis (318) Transport (281) Twitter nonsense (13) UK affairs (3,625) Archives Archives Select Month September 2020 (32) August 2020 (33) July 2020 (29) June 2020 (36) May 2020 (43) April 2020 (43) March 2020 (44) February 2020 (38) January 2020 (25) December 2019 (30) November 2019 (30) October 2019 (38) September 2019 (30) August 2019 (29) July 2019 (32) June 2019 (31) May 2019 (33) April 2019 (39) March 2019 (40) February 2019 (36) January 2019 (43) December 2018 (38) November 2018 (31) October 2018 (39) September 2018 (36) August 2018 (39) July 2018 (42) June 2018 (44) May 2018 (44) April 2018 (42) March 2018 (47) February 2018 (35) January 2018 (40) December 2017 (40) November 2017 (37) October 2017 (33) September 2017 (41) August 2017 (41) July 2017 (41) June 2017 (45) May 2017 (37) April 2017 (31) March 2017 (38) February 2017 (35) January 2017 (48) December 2016 (45) November 2016 (64) October 2016 (49) September 2016 (48) August 2016 (42) July 2016 (59) June 2016 (68) May 2016 (46) April 2016 (48) March 2016 (38) February 2016 (46) January 2016 (41) December 2015 (35) November 2015 (29) October 2015 (42) September 2015 (47) August 2015 (45) July 2015 (44) June 2015 (39) May 2015 (64) April 2015 (64) March 2015 (64) February 2015 (42) January 2015 (51) December 2014 (28) November 2014 (51) October 2014 (52) September 2014 (46) August 2014 (55) July 2014 (43) June 2014 (42) May 2014 (43) April 2014 (48) March 2014 (33) February 2014 (39) January 2014 (52) December 2013 (40) November 2013 (46) October 2013 (48) September 2013 (46) August 2013 (59) July 2013 (57) June 2013 (49) May 2013 (53) April 2013 (63) March 2013 (59) February 2013 (40) January 2013 (60) December 2012 (46) November 2012 (65) October 2012 (66) September 2012 (62) August 2012 (49) July 2012 (58) June 2012 (67) May 2012 (59) April 2012 (53) March 2012 (70) February 2012 (72) January 2012 (88) December 2011 (96) November 2011 (75) October 2011 (58) September 2011 (69) August 2011 (80) July 2011 (70) June 2011 (54) May 2011 (54) April 2011 (54) March 2011 (44) February 2011 (44) January 2011 (48) December 2010 (47) November 2010 (65) October 2010 (72) September 2010 (65) August 2010 (60) July 2010 (62) June 2010 (60) May 2010 (60) April 2010 (49) March 2010 (53) February 2010 (64) January 2010 (60) December 2009 (73) November 2009 (100) October 2009 (79) September 2009 (62) August 2009 (71) July 2009 (67) June 2009 (66) May 2009 (61) April 2009 (92) March 2009 (85) February 2009 (66) January 2009 (81) December 2008 (57) November 2008 (84) October 2008 (84) September 2008 (80) August 2008 (67) July 2008 (100) June 2008 (90) May 2008 (79) April 2008 (85) March 2008 (113) February 2008 (126) January 2008 (127) December 2007 (97) November 2007 (89) October 2007 (76) September 2007 (61) August 2007 (78) July 2007 (84) June 2007 (75) May 2007 (89) April 2007 (97) March 2007 (121) February 2007 (100) January 2007 (115) December 2006 (96) November 2006 (111) October 2006 (117) September 2006 (129) August 2006 (147) July 2006 (123) June 2006 (92) May 2006 (106) April 2006 (93) March 2006 (113) February 2006 (119) January 2006 (105) December 2005 (117) November 2005 (94) October 2005 (95) September 2005 (114) August 2005 (109) July 2005 (129) June 2005 (100) May 2005 (100) April 2005 (87) March 2005 (101) February 2005 (77) January 2005 (88) December 2004 (104) November 2004 (126) October 2004 (118) September 2004 (125) August 2004 (120) July 2004 (159) June 2004 (139) May 2004 (142) April 2004 (173) March 2004 (164) February 2004 (174) January 2004 (164) December 2003 (155) November 2003 (201) October 2003 (219) September 2003 (257) August 2003 (255) July 2003 (296) June 2003 (194) May 2003 (152) April 2003 (175) March 2003 (157) February 2003 (152) January 2003 (141) December 2002 (158) November 2002 (214) October 2002 (194) September 2002 (248) August 2002 (189) July 2002 (179) June 2002 (155) May 2002 (172) April 2002 (152) March 2002 (204) February 2002 (194) January 2002 (266) December 2001 (204) November 2001 (132) Feed This Page RSS - This Page Link Icons