Since when did it become the business of the state to audit our emotions?
In effect, this is precisely what's happening by means of the various "hate speech" laws that have been implemented throughout Europe in recent years. In Ireland, the imminent "Criminal Justice" bill would represent one of the most draconian forms of hate speech legislation yet produced.
And how is hatred defined in the bill? Well, the following is a direct quotation: "'hatred' means hatred against a person or a group of persons in the state or elsewhere on account of their protected characteristics or any one of those characteristics."
So, hatred means hatred. Glad we cleared that up. This kind of circular definition is what we've come to expect from legislators when it comes to this most nebulous of concepts. In his book "Censored," Paul Coleman helpfully includes all of the existing legislation on hatred from across Europe. And in doing so, he reveals that no two governments are able to agree on its meaning.
In 2012, the European Court of Human Rights concluded that there "is no universally accepted definition of the expression 'hate speech'" and a manual published by UNESCO in 2015 accepted that "the possibility of reaching a universally shared definition seems unlikely."
When it comes to the statute books, one would have thought that precision and detail would be of paramount importance. After all we've seen how vaguely worded legislation is wide open to exploitation. Consider, for instance, how trans rights activists are now claiming that the reference to sex in the "Equality Act 2010" connotes a sense of "gender identity" rather than, you know, the biological designations of male and female.
If the state is empowered to imprison its citizens on the basis of "hatred," surely we need to know what that means. Hatred, like any other emotion, cannot be legislated out of existence. Will we be seeing laws against envious speech on the statute books? And what about codes against wrath or pride? If the government were to prohibit narcissistic speech, most of the flag waving pronoun-declaring gender ideologues would have to be incarcerated. And while this would doubtless create a much more sane and serene society, it would also involve the obliteration of our fundamental values.
As for "hate crimes," there is no need for mind reading in order to determine the appropriate punishment. If I'm physically assaulted, it makes little difference to me if the assailant was motivated by homophobia. I would prefer the sentence to reflect the crime itself, not to be moderated according to speculations about the perpetrator's private thoughts. The state should have absolutely no license to probe inside our heads, any more than employers should insist on compulsory unconscious bias training.
In a free society we are entitled to think and feel as we see fit, and so long as that does not interfere with the liberties of others, that includes the right to hate. But even if one were to accept the premise that the state must crack down on hateful thoughts, which I most assuredly do not, "hate speech" legislation is holy ineffective.
Censorship of hateful ideas does not cause them to disappear. It drives them underground where they can fester unchallenged. Moreover, "hate speech" laws are easily weaponized by activists seeking to silence their political opponents. For example, in the UK, we have seen people arrested for "misgendering," that is to say, for accurately identifying the sex of another person.
The journalist Caroline Farrow was investigated by police for 6 months after an appearance on Good Morning Britain. According to a complainant, Farrow had referred to another contributor's female-identifying child with a male pronoun during a conversation that took place off-air. And although such instances have not led to convictions, we all know that the process is the punishment.
As one who has received my fair share of abuse online, I understand that free speech has its downsides. But I choose to ignore those of the obnoxious and hateful ilk, rather than call for them to be censored. The price we pay for living in a free society is that unpleasant people are going to say unpleasant things. But their right to do so is precisely the same right that allows us to counter them. If we attempt to silence even our most abusive critics, we are essentially surrendering our principles at their behest.
No doubt the trans-identifying individual who was described as a "faggot with tits" in a recent case in Spain didn't relish the experience. But it should concern us all that the state has intervened and sentenced the woman who posted the offending words to 6 months in in prison, suspended on condition of the payment of a €3,850 fine. In addition, she's been banned from employment in teaching and sports for three and a half years. This is the very definition of authoritarian overreach.
[ *Ironic correction - Both the complainant and the offender were "trans-identified" males. ]
Those who are skeptical of gender identity ideology are particularly susceptible to the misapplication of hate speech laws and there is no way of knowing which other beliefs will eventually be criminalized. Once a state has outlawed "hatred" and failed to define it, the law becomes a cudgel to beat anyone who holds heterodox points of view. Who is to say that a future government might not deem it "hateful" to criticize its policies? What starts with the chilling of free speech ends with the criminalization of dissent.
A new law in Canada, for instance, Bill C63 empowers the state to imprison a citizen for life for "advocating genocide." But of course, activists and even politicians have insisted that claiming biological sex is real and immutable is a form of "trans genocide." On the hands of authoritarians these words are very slippery. They can mean whatever they want them to mean.
And that's why we should be so worried about free speech in Ireland. Last year the Irish Green Party senator Pauline O'Reilly made no effort to disguise the authoritarian nature of the new bill.
"That's exactly what we're doing here, is we are restricting freedom. But we're doing it for the common good."
Hasn't every tyrant in history made an identical claim? In her speech, O'Reilly invoked the notion of safety to justify state censorship. "If your views on other people's identities go to make their lives unsafe insecure and cause them such deep discomfort that they cannot live in peace," she said, "then I believe it is our job as legislators to restrict those freedoms."
Well. it's a common tactic of activists to claim that certain opinions make them feel "unsafe" as a means to provoke a censorial response either from employers or from the state. But this is linguistic sleight of hand and the strategy has been remarkably effective.
The Irish "hate speech" bill goes further than most of its equivalents in European countries. It will give the state the right to prosecute those who cause offense under the catchall of "inciting hatred." And those found guilty could face up to 5 years in prison. Even more worryingly, a citizen can be jailed for 2 years simply if they "prepare or possess" material that could potentially incite hatred. So, if you have a gender-critical meme on your iPhone, that could be sufficient to see you in jail.
In the UK, "hate speech" laws exist in the form of the "Public Order Act 1986" and the "Communications Act 2003." 3,000 people are arrested each year in the UK for comments posted online that have been deemed offensive. And in some cases have even been imprisoned for jokes.
If we're going to tackle this problem, we might start by repealing section 127 of the Communications Act, which criminalizes online speech that can be deemed "grossly offensive." Of course, no attempt is ever made to define "grossly offensive" in the legislation, so anyone could be vulnerable.
In Scotland, the situation is even graver. When First Minister Hamza Yusuf was Justice Secretary, he was instrumental in the passing of the Hate Crime and Public Order Act, and disturbingly, these new laws can see citizens prosecuted for words that they have uttered in the privacy of their own homes. I'm reminded of a speech by William Pitt the Elder, delivered in the House of Commons in March 1763.
"The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake, the wind may blow through it, the storm may enter, the rain may enter, but the King of England cannot enter. All his force dares not cross the threshold of the ruined tenement."
Evidently, these sentiments would not be echoed by the SNP. Given that hatred and offense are entirely subjective concepts, we should be resisting any attempt to codify in law restrictions against them. No two figures of authority will interpret these terms in the same way. And as human beings with frailties and biases, they will doubtless be tempted to wield such laws against their detractors.
If the state is willing to dispense with our right to free expression, there can be no guarantees for any of us. "Hate speech" laws are an affront to human liberty. It's time to ditch them for good.