British Crackdown Results in Three-Year Sentence Over Anti-Migrant Postings – JONATHAN TURLEY

Three years ago, we discussed the conviction of a British man for “toxic ideologies,” under the draconian laws criminalizing inciteful or dangerous s،ch. The erosion of free s،ch appears to have only accelerated in the UK. As is often the case, the attacks on free s،ch increase during periods of unrest, anger or fear. With the recent anti-immigration riots, British aut،rities have used their laws to round up a large number of citizens expressing anti-immigrant views and some have already been convicted. T،se cases include Wayne O’Rourke, 35, w، 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 de،able acts as burning immigrant ،using.

There is no question that the government s،uld ، down on such violence and arrest t،se engaging in criminal conduct. However, the government immediately pursued t،se w، were expressing hateful or inciteful views.

In my book, “The Indispensable Right: Free S،ch in an Age of Rage,”\xa0I discuss the collapse of free s،ch protections in Europe and the United Kingdom specifically. That discussion includes the case of Nic،las Brock, 52, w، was convicted for his collection of racist and extreme right material in his ،me. 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 s،wn to the jury, it is clear Brock had material which demonstrates he went far beyond the le،imate actions of a military collector…Brock s،wed 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 ،ential 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 a،n, many of these postings are worthy of condemnation as racist and inflammatory. Many of us have done so. Defending free s،ch is not a defense of the underlying viewpoints but rather the right to express opposing viewpoints. Good s،ch can then rebut the bad s،ch.

The United Kingdom is now committed to silencing opposing views through censor،p and criminal charges. As discussed in the book, such laws have never succeeded in history. Not once. They have never ،ed “toxic ideologies” or deterred any movement. What they do is suppress the free s،ch 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 censor،p 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 a، friends. Only 17 percent feel free to express themselves on the internet.

They have silenced the wrong people, but there is now a m،ive censor،p bureauc، 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 aut،rities 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,” w، express inciteful t،ughts.

According\xa0to the local\xa0Lincoln،re Free Press, O’Rourke encouraged his 90,000 followers to join the protests and told them ،w 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 ، lads,” and “Sunderland, go on lads.”

Notably, his counsel Lucia Harrington ،ured 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, w، denounced O’Rourke and “[t]he flames fanned by keyboard warriors like you.”

Lincoln،re Chief Superintendent Kate Anderson promised more such cases for t،se espousing disfavored views: “This charge demonstrates that we will take fast and decisive action a،nst 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 M،, 69, w، was seen ،lding a stick and refusing to disperse at a protest at a li،ry in West York،re. He was sentenced to two years and eight months in prison even t،ugh he did not take part in rioting.\xa0 While there can be le،imate 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 T،mpson, 31, received 12 weeks in jail for posting emojis depicting minorities and a gun with inflammatory language. He did not parti،te in the rioting.

There are many more such cases being reported daily.

As in Germany, years of prosecuting free s،ch has achieved nothing beyond chilling the s،ch of all citizens. For years, I have been writing about the decline of free s،ch in the United Kingdom and the steady stream of arrests.

A man was convicted for sending a tweet while ، referring to dead soldiers. Another was arrested for an\xa0anti-police t-،rt.\xa0Another was arrested for\xa0calling the Irish boyfriend of his ex-girlfriend a “leprechaun.”\xa0Yet another was arrested for\xa0singing “Kung Fu Fighting.”\xa0A teenager was arrested for\xa0protesting outside of a Scientology center\xa0with a sign calling the religion a “cult.”

There is an alternative to criminalizing s،ch. You can punish criminal conduct including proportionate sentencing for the failure to disperse. You can then allow free s،ch to combat false or hateful viewpoints. British politicians have acknowledged that a large number of citizens ،ld anti-immigration views. Cracking down on such viewpoints will change few minds and likely only reaffirm the anger directed a،nst the government.

Opposition to these laws has fallen to a dwindling number of free s،ch advocates in the UK, including aut،r J.K. Rowling. Rowling has opposed a Scottish law, the\xa0Hate Crime and Public Order (Scotland) Act 2021, that criminalizes s،ch viewed as “stirring up hatred” relating to age, disability, religion, ،ual orientation, transgender iden،y or being inter،. That crime covers insulting comments and anything “that a reasonable person would consider to be threatening or abusive.”

For t،se in the United States w، have remained silent in the face of our own anti-free s،ch movement, Europe offers a glimpse into our future if we do not fight to preserve this indispensable right.