Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

Freedom of speech includes the right to offend, say UK judges

Freedom of speech includes the right to offend, say UK judges

Victory in the war on woke: Judges' landmark ruling in case of mother who called trans woman 'he' on Twitter means freedom of speech DOES includes the 'right to offend'
Judges have insisted that freedom of speech includes the 'right to offend' in a landmark ruling which could help to turn the tide on 'woke' intolerance after a feminist who called a transgender woman a 'pig in a wig' and a 'man' was cleared.

Presiding over a case in the Court of Appeal, Lord Justice Bean and Mr Justice Warby said: 'Freedom only to speak inoffensively is not worth having.'

They added that 'free speech encompasses the right to offend, and indeed to abuse another'. The judgment from two senior members of the judiciary will set a precedent for future cases involving freedom of speech.

The ruling has emerged only now, but came in the successful appeal decided last week in favour of mother-of-two Kate Scottow, from Hitchin in Hertfordshire, after she had been found guilty under the 2003 Communications Act earlier in the year.

Miss Scottow told The Daily Telegraph: 'It was necessary to enshrine one of the most fundamental rights of every living being in a democratic society – the right to freedom of speech that is now routinely attacked...' But Miss Hayden said: 'This is... a kick in the teeth to the entire LGBT community.'

Miss Scottow was arrested in 2018 and taken from her children and into custody after referring to trans woman Stefanie Hayden as a man, a 'racist' and a 'pig in the wig'. Miss Hayden, 47, reported the online remarks to police.

She had been arrested by three police officers in 2019 at her home in Pirton near Hitchin, Hertfordshire, in front of her daughter, 10, and son, 20 months. Boris Johnson later called it an abuse of power.

In February this year radical feminist Miss Scottow, 40, was handed a two-year conditional discharge, and ordered to pay £1,000 compensation, with district judge Margaret Dodds telling her: 'Your comments contributed nothing to a debate. We teach children to be kind to each other and not to call each other names in the playground.'

But, overturning the decision, Mr Justice Warby explained that the relevant parts of the Communications Act 'were not intended by Parliament to criminalise forms of expression, the content of which is no worse than annoying or inconvenient in nature'.

Mr Justice Warby also suggested that the prosecution had been an 'unjustified state interference with free speech'.

Lord Justice Bean said the appeal illustrated the need for decision-makers in the criminal justice system to have regard to issues of freedom of speech.

The two appeal judges, who outlined their reasoning in a written ruling published on Wednesday, said prosecutors had not obtained 'all the contextual material for the offending messages', and had presented the case in a 'somewhat disorderly way' at the trial.

Activist Miss Hayden, who began medically transitioning in 2007 and was given a gender recognition certificate in 2018, won a landmark case at the High Court in April last year when website Mumsnet was forced to reveal the identity of an anonymous user who had been accused of bullying her online.

In February Ms Scottow, 39, was found guilty of persistently making use of a public communications network to cause annoyance, inconvenience, and anxiety to Stephanie Hayden, 48, between September 2018 and last May.

The 'radical feminist' was accused of deliberately 'misgendering' Ms Hayden by referring to her as 'he' or 'him' during a period of 'significant online abuse'.

Throughout the trial her supporters gathered outside St Albans Magistrates' Court to protest the verdict, chanting 'pig in a wig' and 'he's a man - go on prosecute me'.

Holding banners which read 'we love free speech', the mob tied scarves in the Suffragettes' purple, green, and white to lampposts outside the courthouse.

But Ms Hayden argued the defendant was guilty of 'harassment' and had 'misgendered' her 'to annoy people like me', adding: 'It's calculated to violate my dignity as a woman.'

Trumpeting her Gender Recognition Certificate, the complainant told the court how Ms Scottow was bound by law to refer to her as a woman. Ms Scottow was handed a two-year conditional discharge, and was ordered by the court to pay £1,000 compensation within six months.

But now after a successful appeal the prosecution has been quashed.

In a separate incident Father Ted creator Graham Linehan was given a verbal harassment warning by West Yorkshire Police after Miss Hayden reported him for referring to her by previous names and pronouns on Twitter in 2018.

Police faced a backlash for phoning a 74-year-old woman to warn her that her online posts about gender identity had offended transgender people.

Former local journalist Margaret Nelson wrote in her blog that if a transgender person's body was dissected post-mortem, 'his or her sex would be obvious to a student or pathologist'.

But she was later contacted by Suffolk Police, who woke her with a morning phone call, telling her the comments had provoked complaints from members of the trans community.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Severe Heatwave Claims 2,300 Lives Across Europe
Declining Beer Consumption Signals Cultural Shift in Germany
Emails Leaked: How Passenger Luggage Became a Side Income for Airport Workers
Polish MEP: “Dear Leftists - China is laughing at you, Russia is laughing, India is laughing”
Western Europe Records Hottest June on Record
BRICS Expands Membership with Indonesia and Ten New Partner Countries
Elon Musk Founds a Party Following a Poll on X: "You Wanted It – You Got It!"
China’s Central Bank Consults European Peers on Low-Rate Strategies
France Requests Airlines to Cut Flights at Paris Airports Amid Planned Air Traffic Controller Strike
Poland Implements Border Checks Amid Growing Migration Tensions
Emirates Airline Expands Market Share with New $20 Million Campaign
Amazon Reaches Milestone with Deployment of One Millionth Robot
Yulia Putintseva Calls for Spectator Ejection at Wimbledon Over Safety Concerns
House Oversight Committee Subpoenas Former Jill Biden Aide Amid Investigation into Alleged Concealment of President Biden's Cognitive Health
Amazon Reaches Major Automation Milestone with Over One Million Robots
Extreme Heat Wave Sweeps Across Europe, Hitting Record Temperatures
Meta Announces Formation of Ambitious AI Unit, Meta Superintelligence Labs
Robots Compete in Football Tournament in China Amid Injuries
China Unveils Miniature Insect-Like Surveillance Drone
Marc Marquez Claims Victory at Dutch Grand Prix Amidst Family Misfortune
Germany Votes to Suspend Family Reunification for Asylum Seekers
Budapest Pride Parade Draws 200,000 Participants Amid Government Ban
Southern Europe Experiences Extreme Heat
Xiaomi's YU7 SUV Launch Garners Record Pre-Orders Amid Market Challenges
Jeff Bezos and Lauren Sanchez's Lavish Wedding in Venice
Russia Launches Largest Air Assault on Ukraine Since Invasion
Massive Anti-Government Protests Erupt in Belgrade
Iran Executes Alleged Israeli Spies and Arrests Hundreds Amid Post-War Crackdown
Hungary's Prime Minister Criticizes NATO's Role in Ukraine
EU TO HUNGARY: LET THEM PRIDE OR PREP FOR SHADE. ORBÁN TO EU: STAY IN YOUR LANE AND FIX YOUR OWN MESS.
Hungarian Scientist to Conduct 30 Research Experiments on the International Space Station
NATO Members Agree to 5% Defense Spending Target by 2035
NATO Leaders Endorse Plan for Increased Defence Spending
U.S. Crude Oil Prices Drop Below $65 Amid Market Volatility
International Astronaut Team Launched to Space Station
Macron and Merz: Europe must arm itself in an unstable world
Germany and Italy Under Pressure to Repatriate $245bn of Gold from US Vaults
Iran Intensifies Crackdown on Alleged Mossad Operatives After Sabotage Claims
Trump Praises Iran’s ‘Very Weak’ Response After U.S. Strikes and Presses Israel to Pursue Peace
Oil Prices Set to Surge After US Strikes Iran
BA and Singapore Airlines Cancel Dubai Flights Amid Middle East Tensions
Trump Faces Backlash from MAGA Base Over Iran Strikes
Meta Bets $14 B on Alexandr Wang to Drive AI Ambitions
FedEx Founder Fred Smith, ‘Heart and Soul’ of the Company, Dies at 80
Chinese Factories Shift Away from U.S. Amid Trump‑Era Tariffs
Pimco Seizes Opportunity in Japan’s Dislocated Bond Market
Labubu Doll Drives Pop Mart to Status as China’s Most Valuable Toy Maker
Global Coal Demand Defies Paris Accord Goals
United States Conducts Precision Strikes on Iran’s Nuclear Sites
US strikes Iran nuclear sites, Trump says
×