[lit-ideas] Re: QPR v Chelsea

  • From: Judith Evans <judithevans001@xxxxxxxxxxxxxx>
  • To: lit-ideas@xxxxxxxxxxxxx
  • Date: Wed, 26 Oct 2011 14:40:40 +0100 (BST)

"A 'racial group' is a
> group of persons defined by reference to race, colour,
> nationality (including citizenship) or ethnic or national
> origins."

Yes.  I see no reasonable alternative (to defining "race" broadly).

> Calling homosexuality a sin is free speech, but leaving
> "anti-religious cartoons" in a chapel is a crime?  I
> note that the case law mostly comes from magistrates
> courts.  I shall be interested to hear what the higher
> courts make of this.
> 


In McAlpine's case, there wasn't a court, the charge was dropped; quite 
rightly, it really doesn't fall under the provisions of the Public Order Act 
etc.. 

Here's the story:

>>>>>>>>>>>>>>>>
Mr Mcalpine was preaching to shoppers in the west Cumbrian town on 20 April 
when he said he was approached by the PCSO, who told him he was a liaison 
officer for the local lesbian, gay, bisexual and transgender (LGBT) community.

"He told me he was homosexual," Mr Mcalpine said.

"I said 'the Bible says homosexuality is a sin'. He said 'I'm offended by that 
and I'm also the LGBT liaison officer within the police'.

"I said 'it is still a sin'."

He said three uniformed police officers then appeared and accused him of using 
homophobic language.

"I'm not homophobic, I don't hate gays," Mr Mcalpine said. "Then they said it 
is against the law to say homosexuality is a sin. I was arrested. It's crazy 
isn't it?" 
<<<<<<<<<<<<<<<

http://news.bbc.co.uk/1/hi/england/cumbria/8687395.stm

he was subsequently paid £7,000 in compensation and his legal costs, and a 
senior police officer went to see him to apologise.

?!, you think?  So do I. But there's been a fair amount of yelling and 
screaming by Christians here about the infringement of their rights to foist 
themselves on people... 

Here's the sainted Peter Tatchell on hate speech/homophobia

http://www.guardian.co.uk/commentisfree/2007/oct/10/hatespeechvfreespeech

I too would like to know whether a higher court would have found Harry Taylor 
guilty; but it was a rather different case.

Judy Evans, Cardiff  



--- On Wed, 26/10/11, David Ritchie <ritchierd@xxxxxxxxxxxxx> wrote:

> From: David Ritchie <ritchierd@xxxxxxxxxxxxx>
> Subject: [lit-ideas] Re: QPR v Chelsea
> To: lit-ideas@xxxxxxxxxxxxx
> Date: Wednesday, 26 October, 2011, 14:02
> 
> On Oct 26, 2011, at 1:15 AM, Judith Evans wrote:
> 
> > 
> >> Britain has "illegal" remarks?  I thought
> only Germany
> >> did that kind of law.
> > 
> > "Hate speech" laws
> > 
> > http://en.wikipedia.org/wiki/Hate_speech_laws_in_the_United_Kingdom
> > 
> > But I doubt the police will take it up. 
> > 
> I wonder where Mr. Rumpole went.  The footnotes on the
> page you directed me to include this, "A 'racial group' is a
> group of persons defined by reference to race, colour,
> nationality (including citizenship) or ethnic or national
> origins."
> 
> Rumpole, "Your Honour, my client Mr. Smith is charged with
> standing outside a golfing club, which he says he wished to
> join, in spite of not knowing one end of a golfing stick
> from another.  He was holding a placard that read,
> 'Arians Go Home.'  If poor 'spelling skills'--as the
> current jargon has it--were a crime, I would have to break
> the habit of a lifetime and plead guilty.  But the
> charge here is under the Crime and Disorder Act of 1998, an
> act that addresses not speech but behavior..."
> 
> Would the Blue Man Group constitute a group for the
> purposes of this act, I wonder?
> 
> Calling homosexuality a sin is free speech, but leaving
> "anti-religious cartoons" in a chapel is a crime?  I
> note that the case law mostly comes from magistrates
> courts.  I shall be interested to hear what the higher
> courts make of this.
> 
> David Ritchie,
> Portland, Oregon
> 
> 
> 
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