4 months in prison for wearing a hateful t-shirt....yay for free speech Britain!

[Beanz]

It is a little naïve to believe that the concept often referred to as “Free Speech” is an absolute concept that can exist anywhere without exceptions. I believe I am right in asserting that in America it is not as many people refer to it “a Right “at all. This terminology could more correctly be used to describe the system enjoyed by British citizens under parliamentary law.

In the USA it can rightly be described as a negative right, or an immunity. That is the US government is forbidden by both law and tradition in acting to prevent the populaces expressions of free speech. Here in Great Britain Parliament may pass exceptions when deemed necessary. Two obvious examples are terrorism and hate speech. Don’t forget also that a lot of the UK’s anti terrorism laws were drafted in response to the IRA and long before 7/7 and 9/11.

We do not live in a constitutional republic and long may that may continue. We do though have a noble and long tradition of respecting civil rights and have used the Westminster system to respond to an evolving populace and the challenges that that presents. @TitoFan is right in asserting that one wearing such a T-Shirt should be aware that there are consequences to be faced for ones actions but I am not so sure about believing that the Guy acted thinking he was protected by freedom of speech laws. The guy in question was clearly trying to provoke a reaction even if that was because of his own grief and loss and in outraging public decency he invited the attention of the police.

Hate Speech is often a precursor to violence as the troubles in Ireland and Race riots in London have taught us, and so laws have long been in place to protect the individual from having their rights violated by hateful incitement that causes harm both physical and mental. You can not elevate the supposed right of one person to express hatred and incite violence against an individual or group whilst ignoring the targeted group or individuals right to exist and carry out their duties/day to day activities in a way that they do not feel threatened, intimidated or discriminated against. Hate Speech laws have also ensured that Racial, Homophobic and Disability based persecution has often been nipped in the bud before violence has occurred.


Incitement to violence is unlawful in the UK and the guys T-shirt could quite clearly be seen as advocating that in a court of law. Do we really want a society in which anything goes and an individuals freedom extends to promoting (after all that is what a t-shirt and a website advocating killing cops is worn for) the extinction of others?

I am not, contrary to what many may think, in any way advocating a politically correct totalitarian state, in which people's freedom to dissent and run against the tide of popular opinion is impinged upon. (In fact as an artist I often find myself torn between returning to tradition and elucidating the reasoning behind what many see as conservative or conventional techniques and the much easier and now mainstream practice of utilising post modernism and re breaking already long dismissed taboos.) I am just acting as Devil’s Advocate and suggesting a less obvious and reactionary viewpoint to Miles surprisingly conservative and American like perspective on what constitutes free speech here in England.