Speaking Up for Free Speech

I am speaking about the #ChillingEffect on Thusday, the 29th April, at 6.30pm

In Ireland the Department of Justice has published the heads of Criminal Justice (Hate Crime) Bill 2021. 

This Thursday, the 29th April, at 6.30pm IST I will be Speaking up for Free Speech at an event hosted by the Irish Woman’s Lobby.  We will be examining free speech in the context of the current environment in Ireland and looking at the impact of hate speech legislation in other durisdictions.  You can book here.

Lisa Mackenzie of Murray Blackburn Mackenzie will describe the process of working with the Justice Committee as the Hate Crime and Public Order (Scotland) Bill went through the committee stages.  Her analysis will be very relevant to anybody concerned about the impact of the Irish Hate Crime bill on freedom of expression.

Meghan Murphy will talk about ‘cancel culture’ and the dangers of hate speech legislation in a Canadian and International context.

I will be hosting an afterparty on Clubhouse at 8.00pm to create a space for a more informal discussion.  If you need a Clubhouse invitation, and you have an iphone (sorry no android yet), get in touch (Email: iseult@substack.com or Twitter: @iseult. I have some invitations available, and would love to get a chance to meet you!

Chilling Effect

I will be talking about the #ChillingEffect of the now infamous letter published by Transgender Equality Network Ireland on 20 November 2020.  You might remember that Colm O'Gorman, Executive Director of Amnesty Ireland, signed the letter on behalf of Amnesty International. 

The letter states

"We call on media, and politicians to no longer provide legitimate representation for those that share bigoted beliefs, that are aligned with far right ideologies and seek nothing but harm and division. "   

It alludes to but does not name individuals and organisations who “defend biology” and present "false narratives"  and "inaccurate science"  (i.e. implication is that saying there are two sexes is inaccurate science) as people who "promote hate, to trade in bigotry"  and “call for division based on falsities and bigotry”.  Their views are “not based in truth, it comes with no claims in fact, and is a dog whistle to bigots” and furthermore these views are promulgated by outsiders, people not native to Ireland.

When the logic is followed through, the letter develops an arc that defending biology by saying that there are two sexes, is hateful not merely offensive.  That in fact such a view is so heinous that people who hold that view should be denied "legitimate representation" by politicians and the media and a "call for an end in giving airtime to their despicable brand of harassment"  is warranted.  

At the time I was shocked and surprised. At the same time I did not actually think that many people would support the idea that it was hateful to state there are two sexes.   Biology has taught us that mammals, including humans, are sexually dimorphic for more than a couple of centuries.  

There have been no new scientific discoveries that challenge the classification of humans as a sexually dimorphic species.  Yet under theories of social constructivism there are now many people that believe sex is a spectrum.   

This is why we find ourselves in the strange position that a 2019 judgement in the London Employment Tribunal found that the belief that sex is real, immutable and important was not “worthy of respect in a democratic society”,  and was not protected against belief discrimination by the 2010 Equality Act (UK).   This week Maya Forstater seeks to overturn this judgement.  If she is successful it will give people in UK clear protection under the EqualityAct for stating that sex is binary and immutable. 

Yet the manner in which the Scottish Hate Crime bill unfolded showed that a significant number of activists believe that stating that sex is binary is a form of hate speech.  I wrote about this before.  These activists have made it clear that they will make allegations of hate speech against women who speak up about women’s rights as a sex class.  If the Forstater appeal is successful it is hard to see how those allegations will stand up but the fact remains allegations of hate speech have a chilling effect. 

Laws like these are used to shut down debate.  Most people cannot afford to take the risk to their livlihood and their reputation so they self-censor.  As I described in this article Lidia Falcón, the 85-year-old lawyer who founded the Feminist Party of Spain in 1979 came under attack for Hate Speech in 2020. A practicing lawyer, she has fought against sexist discrimination and sex-based violence for over 60 years. She was prosecuted six times for expressing political opinions critical of the Franco regime.

In December 2019, Mars Cambrollé, the president of Plataforma Trans Federation, filed a complaint under the 2015 Hate Crime law accusing Lidia Falcón of equating trans people with criminal behaviours, including the crime of pedophilia.  That complaint was shopped around jurisdictions until Cambrollé found a prosecutor willing to prosecute it. 

It took a full year for the Prosecutor's Office to find no hate crime had been committed. They said the statements made by Lidia Falcón were not motivated by hate towards trans people and her communications had been nuanced and contextualised.

These are the issues we will be exploring on Thursday.  Remember to book here.  

Also join us on Clubhouse at 8.00pm for a more informal discussion.  If you need a Clubhouse invitation, and you have an iphone (sorry no android yet), get in touch. I have some invitations available, and would love to get a chance to meet you.

Email: iseult@substack.com Twitter: @iseult.

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