Britain never had an especially robust tradition of free speech; certainly nothing to compare with that of the US. So it doesn’t come as a complete shock that Britain has been cracking down on what it defines as “hate speech” and “incitement,” and has arrested a comedian for his tweets.
I confess: I’ve never before heard of Graham Linehan, a British comedian who was arrested yesterday over three anti-trans tweets. Here is his description of the event, plus the offending tweets:
I was arrested for messages on X when I haven’t even been banned from X. The tweets are not my best work but they are completely harmless. I’m furious about what is happening to women in the UK and I despise trans activists because I think they are homophobic and misogynist…. I was arrested at an airport like a terrorist, locked in a cell like a criminal, taken to hospital because the stress nearly killed me and banned from speaking online — all because I made jokes that upset some psychotic crossdressers. To me, this proves one thing beyond doubt: the UK has become a country that is hostile to freedom of speech, hostile to women and far too accommodating to the demands of violent, entitled, abusive men who have turned the police into their personal goon squad.” …
[The tweets]
1. “If a trans-identified male is in a female-only space, he is committing a violent, abusive act. Make a scene, call the cops and, if all else fails, punch him in the balls.”2. (about a photo of a trans rally) “A photo you can smell.”
3. (again about the photo) “I hate them. Misogynists and homophobes. F*** em.
I assume Linehan is correct that this is not his best comedy work. But then again, bad comedy is neither a felony nor even a misdemeanor. It seems to me that it’s that first tweet that got the authorities going, and indeed I see that he was arrested for inciting violence rather than “mere” hate speech.
Linehan said in an online article on Substack that his bail condition stipulates he is “not to go on Twitter” …
… [D]uring his police interview following the arrest, “I explained that the ‘punch’ tweet was a serious point made with a joke”, and that it was about “the height difference between men and women… and certainly not a call to violence”.
In the US, the crime of incitement has several elements that Linehan’s tweet lacks: “directed to inciting or producing imminent lawless action and is likely to incite or produce such action.” Neither element is present; there is no “imminence” and his speech is not likely to produce such action. But he wasn’t arrested in the US, and Britain is different. Plus, in the US:
Mere advocacy of lawbreaking or violence remains protected speech as long as it is not intended to and likely to provoke immediate unlawful action.
Britain has some very twisted priorities about whom to arrest and for what reason. I’m in agreement with this statement:
Conservative Party leader Kemi Badenoch was critical of the arrest, saying: “Sending five officers to arrest a man for a tweet isn’t policing, it’s politics. Under Labour, we routinely see burglary, knife crime and assaults go unsolved, while resources are wasted on thought-policing.
“It’s time this government told the police their job is to protect the public, not monitor social media for hurty words. The Conservatives would stop this nonsense on day one and make public safety the first duty of policing, instead of pandering to fringe ideologies.
Ah, but the left believes speech is violence (if directed against one of their favored groups), and violence is mere speech (if committed by one of their favored groups).
