Quote of the day 17th February 2020

"Free Speech includes not only the inoffensive, but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative, and the freedom only to speak inoffensively is not worthy having."

Mr Justice Julian Knowles, in a landmark High Court ruling which will be seen as a significant blow for freedom of speech. See extracts below of a report on the case.





Comments

Anonymous said…
Will this latest judgement change the attitude of the of the Thought Police in Politics and the Civil Service, I very much doubt it.
Chris Whiteside said…
It is quite true that "Free speech also includes the right to judge people on what they say."

Free speech within the law means that nobody should try to prosecute you for saying something which is not illegal but it does not mean that you have to provide a platform for absolutely anything that anyone says, or that you cannot refuse to (continue to) employ someone who has expressed views which might make it impossible for them to do their job.

I've removed three comments from this thread because they made or referred to statements which might be seen as potentially libellous - as the warning on the pop-up menu which displays when you type a comment on this blog warns that I will do.

And yes, I do see the irony on having to do that on a post about free speech.

But there is nothing inconsistent in me saying that Mr Justice Knowles was quite right to tell off Humberside Police that they were being overly heavy handed for sending officers to interview someone at his place of work for expressing views which were within the law, and defending the right of anyone who didn't want those views to appear on their own blog or website.

Do I think this judgement will change the minds of some people who act like the "Thought police?"

I hope so, but probably not as much as I would like it to.

It was probably a good idea to push the limits of intellectual diversity in appointing special advisers in Whitehall, but there is such a thing as pushing the limits too far, and that appears to have happened.
Chris Whiteside said…
I repeat - it is not contrary to freedom of speech within the law for me to decline to accept comments which could potentially be actionable (and that can include asking whether someone agrees with a potentially defamatory statement or even, as the magazine "Scallywag" found out, to repeat while nominally denying one.

You're not going to get any comment about the recent change of personnel at number ten out of me beyond the answer I have already given:

"It was probably a good idea to push the limits of intellectual diversity in appointing special advisers in Whitehall, but there is such a thing as pushing the limits too far, and that appears to have happened."
Paul Holdsworth said…
This is getting silly. Chris has deleted a post where I asked whether he agreed with a (very negative) description of Sabisky's views because to do so might be "potentially defamatory" and/or "actionable" - despite Tory MP Kwasi Kwarteng having just used precisely that description of Sabisky's reprehensible views on national telly!
Thought Police? Who mentioned the Thought Police, Chris?
Chris Whiteside said…
To answer your last question first, the person who introduced the words "Thought Police" into this discussion was the anonymous author of the first comment above.

Can't tell you who he or she is because the individual concerned did not sign the post.

I had not heard Kwasi Kwarteng MP use those particular words. I agree with those of Kwasi Kwarteng's comments on the issue which I had heard, to the effect that we need to learn from this episode about how people are appointed.
Chris Whiteside said…
I do not know how to make this any more clear.

Public debate in this country has for far too long erred on the side of throwing the most wounding possible insults at people. I think that it is about time we did the opposite.

I am not going to allow certain words to be used to attack people on this blog, even by inference (including in a question asking me if I agree with the use of those words) unless I am completely certain they are justified and proportionate.

This puts me in the position of having to say that I will delete comments which use immoderate language even if they are making a point which, when expressed in more moderate words, I might have agreed with.

I have already explained that I did not see Kwasi Kwarteng's TV appearance on the subject of Andrew Sabisky. It is usually very unwise to comment on a TV appearance which one has not seen or a speech which one has not heard and I'm not going to do so. And I have much, much more important things things to do with my time than to look up Andrew Sabisky's past social media posts.

I thought I had made clear however that I do agree with the comments from Kwasi Kwarteng which I had read, and what those were. And if the comments which the media have ascribed to Andrew Sabisky are an accurate representation of what he wrote then I strongly disagree with those views.
Paul Holdsworth said…
Have you considered drafting a list of what you consider "immoderate language" Chris? In another post here I was going to describe someone as a "mountebank", but decided not to, in case you felt that might be "actionable", too. I'm entirely serious.
If you're not going to allow "certain words" to be used on here, then it would help if we know what those words are. It's obvious that "l**r" is one of those words. But, for example, can I use "untruth"? Or the horribly clunky "misspeak"? The irredeemably childish "fib"? Or Kellyanne Conway's risible "alternative facts"? Alan Clark's "economical with the actualité"? Should I employ the Churchillian "terminological inexactitude"? Or perhaps the more robust, Burkeian "economical with the truth"?
And please, please don't delete this post too - you led me into this verbal quagmire, and you are the only person who can issue the lexicon to lead me out of it.
Chris Whiteside said…
I have considered it and concluded that it would be unworkable.

I did temporarily ban the use of the word "liar" during the last election when I was particularly fed up with the gross over-use of it. I don't usually apply an absolute ban on the use of that word as there are a small number of cases when it is justified.

I refer you to my post on New Year's Eve referring and linking to an article by Lane Greene, the Economist's language correspondent, on when use of words like "lie" and "liar" are justified, which you can find at

http://chris4copeland.blogspot.com/2019/12/the-economist-on-difference-between.html

However, if my memory is not playing tricks on me, I have never once in the fifteen years I have been running this blog deleted a post because the author used a word like "untruth" to indicate their disagreement with something.
Paul Holdsworth said…
Great. I'll continue calling out, ahem, untruths then.

And it was Farage I was going to call a mountebank - which seems entirely justified.
Chris Whiteside said…
I doubt if Nigel Farage will sue either of us for a post calling him a mountebank, but if he did I reckon a court would most likely find that comment to be within the limits of reasonable free speech.
Chris Whiteside said…
Let me clarify one point though. I do not object to you telling me I'm wrong, or that you think something I've written isn't true.

Hence "untruth" is acceptable as it can mean a deliberate or accidental false statement.

However, I take exception to being called a liar, whether you use that word or an equivalent word such as "deceit" and any comment containing such an accusation will invariably be deleted instantly I see it.
Paul Holdsworth said…
But being economical with the actualité is a euphemism for lying, Chris. So is terminological inexactitude. You can't bowdlerise the language like this (or rather you can - your blog, your rules. But doing so makes it very difficult to engage honestly with you).
You're not seriously suggesting you never lie, are you?
And there are ALWAYS ways around this. Did you notice in my list of Leave lunacies I used the phrase "gasp and stretch ones eyes"? That's a direct quote from Hillaire Belloc, "Matilda (who told such dreadful lies)". I was calling them liars, Chris!
Childish? Certainly. Necessary? Maybe. But banning people from calling out lies when they see them simply doesn't work - the truth will out!
Chris Whiteside said…
It is accusing people of lying - especially if they're not - which makes engaging honestly with them impossible.

If made my position clear on this time and again - political discourse in the UK (and elsewhere) is being poisoned by an epidemic of people accusing those who express an opinion they disagree with of lying.

It is my honest opinion that the VAST majority of such accusations are unfair - not usually made by people lying themselves, just wrong.

For what it's worth, I did an informal study of accusations of lying made against the material put out by both sides during the EU referendum (for most of which I was a floater before coming off the fence for Remain at the very end, and during which I was deeply depressed by the amount of rubbish published, with some honourable exceptions, by both sides.)

I concluded

1) about 50% of accusations of lying were made about statements which in my opinion were the truth, the whole truth, and nothing but the truth.

In other words these accusations of lying were completely and utterly unjustified.

2) Of the 50% of casas where I did not myself agree with the statement accused of being lies, I was pretty sure that the people making them were entirely sincere more than half the time - let's say about 60%.

So in these cases it was, in my opinion, right to call out these people as being wrong but probably unfair to accuse them of lying.

3) That leaves 20% of cases where I thought that the statements called out as lies were wrong or misleading and suspected the people who had made them of knowing as much.

Even of these, the majority were misleading statements, often true ones calculated to deceive, rather than direct lies.

You say Paul, unfortunately in my opinion, that "economical with the actualite" is a euphemism for lying.

You may use it that way, but the original comment by Sir Robert Armstrong which it is derived from did not mean that. He specifically denied that the statement he admitted was "economical with the truth" and "contained a misleading impression" was a lie, he meant to tell the truth and nothing but the truth but not the whole truth.

As Blake put it, a truth that's told with bad intent beats all the lies you can invent.

So it was right to accuse the people concerned of being disingenuous, misleading, or to use quote a few of the expressions which you, wrongly in my opinion, think are euphemisms for lying, but not strictly correct to call them liars.

The proportion of cases where someone on either side of the argument was accused of lying in which I thought that expression was fully justified was less than ten percent.

Sadly, I think that's about par for the course.

I cannot stop people from being far too quick to assume that anyone who says something they disagree with is a fool or a liar.

I can, and will, enforce on this blog the old-fashioned courtesy that people should give those they disagree with the benefit of the doubt and not accuse them of being liars unless there is actual evidence that this allegation is justified.
Paul Holdsworth said…
OK, let me try yet again.

On the very day that Treasury civil servants released a paper showing in detail that Johnson’s E.U. withdrawal bill would indeed involve businesses in mainland Great Britain needing to file customs paperwork to send goods to Northern Ireland, the prime minister in an interview simply declared that this was untrue.

Can you explain this contradiction, Chris?
Chris Whiteside said…
I didn't see that interview and have not been able to find a Youtube recording of it or a full transcript.

I don't generally comment on speeches I have not heard or read.

There does seem to be a disagreement on to what extent customs paperwork will be required by businesses shipping goods between the mainland and Northern Ireland.

My personal view is that it should be as little as possible and since the PM seems to be saying that, I hope he is right.
Paul Holdsworth said…
Your ability to miss interviews by the PM that send shock waves through the news media and the international community is incredible Chris. Almost literally.

This is what Johnson said:
“There will be no forms, no checks, no barriers of any kind. You will have unfettered access.”

Yet you are putting up the fiction that the PM "seems to be saying" that there should be as little paperwork as possible?! He's not, is he, Chris?

Was he mistaken? Poorly advised? "Tired and emotional"? Because he clearly wasn't telling the truth, was he now?
Chris Whiteside said…
It's not incredible at all that I don't see many interviews: I watch very little television as I don't have time.
Paul Holdsworth said…
Me neither. That's what social media is for.

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