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At Last, A Judge Gets It Right

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Free Speech Victory: Judges Rule Social Media Users Have Right to Offend

Breitbart London;

England’s High Court has struck a rare victory for free speech, overturning the conviction of a Twitter user who called a transgender person a man and ruling that people have a right to offend others online.

Mother of two Kate Scottow had been convicted under a section of the Communications Act which makes “persistently making use of a public electronic communications network to cause annoyance, inconvenience or needless anxiety to another” a crime following an argument with lawyer and trans activist Stephanie Hayden, who is legally a woman according to a gender certificate obtained in 2017.

District judge Margaret Dodds decided that Mrs Scottow had broken the “rule’” to “be kind to each other and not call each other names”, but Lord Justice Bean and Mr Justice Warby at the Divisional Court of the High Court overturned her judgement as “deficient” and “flawed” on appeal.

“The Judge appears to have considered that a criminal conviction was merited for acts of unkindness and calling others names,” said Mr Justice Warby,  but “A prosecution under section 127(2)c [of the Communications Act] for online speech is plainly an interference by the state with the defendant’s Convention right to freedom of expression.”

The senior judges said that if the case had “been approached by the [original] Judge in a legally correct manner, it should have been dismissed”.

“This has been the hardest battle I have fought that has had a profound impact on every aspect of my life, from my career to my health and my marriage,” said Scottow in comments to the Telegraph, hailing the verdict in her favour as “a victory for freedom of speech that confirms no one has the right not to be offended.”

“[I]t 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 at such a fundamental level,” she continued.

“Women fighting for their rights against an aggressive LGBT lobby have been silenced for the past three years. I hope this judgment gives them hope.”

Toby Young, for the Free Speech Union, added that he “hope[s] this judgment sends a message to Chief Constables. They’ve been getting their officers to spend far too much time sifting through people’s social media accounts, like little offence archaeologists. They should be policing our streets, not our tweets.”

Free Speech Union chief legal counsel Bryn Harris welcomed the senior court’s decision as “a positive sign that the senior judiciary will exercise their jurisdiction forcefully, and control wayward judges in lower courts who can’t seem to remember their ever-present obligation to protect freedom of expression.”

“The judges in this case rightly recalled that the freedom to offend is not constrained by the facile ‘obligation to be kind’ mooted by the magistrate below,” Harris added.

Editor’s Note: This article originally described the case as being heard by the Court of Appeal, in line with the Telegraph exclusive which broke the story. It was in fact heard by the Divisional Court of the High Court, after an appeal from the Magistrates’ Court, and Breitbart London was happy to proactively amend its reporting to reflect this.

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7 COMMENTS

  1. The senior judges said that if the case had “been approached by the [original] Judge in a legally correct manner, it should have been dismissed”.

    Politically appointed Judges, chosen for how they will be activist interpreting what they claim “living law”.
    Those Judges can not be recalled, nor account to any one.
    The overturned judgement is taken as a “wet bus ticket” and most likely a badge of honour, a reason to be appointed up to the next level in the judiciary.

    It is the legislature, Parliament which should be making the laws, where supposedly people can bring submissions, be questioned, like in select committees, and then on the floor of the house, before being voted on.

    Those Parliamentarians are voted on whether they did their job well enough.
    That can be masked by media, and other points, but still they can be questioned, and if important enough to feel the pressure.
    Unfortunately the masquerade of “judiciary independence” runs as cover for those devious politicians that appoint some of those judges.

    However in cahoots with academia, educational systems, along with propagandist media to convince the people, to drink Kool-aid with out thinking, of weighing up the consequences.

    So “well being” and “be kind” become more important in our increasingly “facile” lives. 🙁

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  2. The activist judges will soon be obsolete, as “AI” algorithms will do their job. 🙁
    The dykes, butch, etc. will soon just operate as per “inflatable blow up doll”, deemed to be algorithmic.

    “It offered me a button to push if I thought there had been an error. I did that and ten minutes later, I had a message saying the original decision had been upheld.

    “There is nowhere I can explain the context of why I used the word.”
    https://reclaimthenet.org/facebook-suspended-users-for-mentioning-english-beauty-spot-devils-dyke/

    Context, contextualizing, seems to be a “dirty” word, as the “narrative” drives for full control over every one. 🙂

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  3. To deliver a verdict other then what was done would have opened a can of worms and set a dangerous precedent.
    These x gendered morons chop and change when the see fit, did the complainant even have their gender changed legally and documented?
    The poor defendant literally just called a duck a duck, im pretty sure a simple dna test would have proved her correct anyway… bet the complainant has xy chromosomes = man, male, penis(or used to have one)

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