Arrest of Graham Linehan underscores the necessity for a UK-style Freedom of Speech Constitutional Amendment

In the digital age, the line between protected speech and illegal incitement can often be blurry. Two high-profile cases in the US and the UK serve as a reminder of the strict standards that govern such speech.

In the United States, the Brandenburg Test sets a high threshold for what constitutes illegal incitement. This test requires evidence of 'imminent lawless action' as a hard rule when defining incitement. Speech can only be punished if it presents a threat that is likely to actually happen soon.

Recently, this test was put to the test in the US when Lucy Connolly, a 42-year-old mother from Northampton, was sentenced to 31 months in prison for a single inflammatory social-media post. The post, which threatened violence against individuals identifying as transgender, was found to have breached the Brandenburg Test.

Across the pond, the UK has its own set of laws governing online speech. In 2023, officers from 37 police forces in the UK made 12,183 arrests for things said online. These arrests were predominantly under Section 127 of the Communications Act 2003 and Section 1 of the Malicious Communications Act 1998.

One of the most high-profile cases in the UK was the arrest of Graham Linehan, co-creator of the popular TV show Father Ted. Linehan was arrested at Heathrow Airport on suspicion of 'inciting violence' for criticizing trans ideology on social media. The arrest was made by officers from the Met Police Aviation Unit. As a condition of bail, Linehan has been banned from using the social media platform X.

It's important to note that donating to a website does not guarantee freedom from arrest or legal consequences. This was demonstrated by the case of Graham Linehan, who regularly supports a certain website.

This website, primarily funded by reader donations, offers benefits such as ad-free reading, exclusive bonus content, regular events, and access to the comments section for regular donors. However, regular donations would be transformative for the team and coverage, as only 0.1% of regular readers currently donate.

The laws addressing hate speech and defamatory statements in the UK were enacted as part of the Online Safety Act, which came into force in 2023. This act provides regulatory authority to target harmful online content, including hate speech and offensive expressions.

In conclusion, the line between protected speech and illegal incitement is a delicate one. Both the Brandenburg Test in the US and UK laws serve to protect freedom of speech while ensuring that threatening or abusive speech is not tolerated. It's crucial for individuals to be aware of these laws and the potential consequences of their online actions.