We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.

Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]

An English Court upholds the right to be critical of ‘unreformed’ Islam

In what might come as a surprise to some, and I would suggest is a counter to a broad narrative, an Employment Tribunal (a form of Labour Court) in England has upheld the principle that criticism of ‘unreformed’ Islam is legally protected. The Tribunal considered a preliminary point as to whether or not the Claimant (Plaintiff in old, sound [ 🙂 ] money) could in principle bring a claim on the basis that he held a belief that had sufficient cogency as to be worthy of respect in a democratic society. As far as can be discerned from the judgment, there was an issue (which is very much now an issue for a determination on the merits at a later hearing) as to whether the employer was taking action against the Claimant (the circumstances of which we know nothing) because of his manifestation of his belief, (which is permissible) rather than because he simply held those beliefs, which is not permissible; e.g. a nurse who is a devout Christian being sacked for being a Christian rather than specifically, sacked for e.g. saying to a seriously-ill patient ‘Convert or face Hell-fire soon!‘ which could well be a manifestation of a belief at which offence might be taken.

The issue that the Tribunal considered is set out in the judgment (linked above) as follows:

The belief that Islam, particularly in a traditional form – rather than a reformed, modernised, moderate and Westernised form – is problematic and deserving of criticism in so far as it fails:

(i) To recognise a separation between religion (sacred) and politics (secular) and/or the Church and state,

(ii) To value and respect fundamental human rights such as:

freedom of conscience and of speech,

to eschew and condemn violence in the name of religion (Islam),

to treat and respect women and girls equally when compared to men and boys.

The Claimant appears to have been ‘hauled up’ by his employer over his Twitter/X usage, there is reference to a file of 141 pages showing his Twitter feed, which the employer sought (at this stage) to use to argue that his belief in the need for a ‘reformation’ of ‘unreformed Islam’ was not genuinely held, i.e. that he was using this ‘belief’ as a shield for views that would not be protected. That is yet to be determined, if it is continued with by the employer.

The main points of the Claimant’s case were the following which he considered problematic were noted at paragraph 13 in the judgment:

‘In his witness statement [C/14], the Claimant has cited the following

“traditional and unreformed Islamic belief[s]” that are that are incompatible with “Western values” in that they:

(i) advocate or justify violence against non-believers or apostates;

(ii) promote unequal legal status for women;

(iii) call for the death penalty for apostasy, blasphemy or homosexuality;

(iv) reject the separation of religion and state, and seek to impose religious law;

(v) promote antisemitism or hatred towards groups including reformed Muslims;

(vi) condone child marriage;

(vii) permit forms of slavery or indentured servitude;

(viii) justify domestic violence, including wife-beating and female genital mutilation (“FGM”).’

It is important to note here that the Claimant’s belief isn’t about hostility towards Muslims as such, but to the holding and promotion of the ‘unreformed’ version of Islam that he is objecting to.

The issue for the Tribunal hearing the final case is summed up at paragraph 17:

‘The degree to which the Claimant will be able to establish that these tweets were a manifestation of the pleaded belief or that the Respondent will be able to show that these were inappropriate manifestations of, or otherwise separable from, the belief, are matters which fall to be decided at the final hearing.’

I.e. was the Claimant criticism of the ‘unreformed’ Islam that he weighs in against inappropriate, which takes into account the position that he held in the employer that he worked or works for.

There is nothing in this judgment that surprises me, it seems to be a legally-sound decision that the principle of criticising a belief on the basis of its incompatibility with ‘Western values’ (whatever they might be) is one where not only is it lawful, but an employer who acts against an employee for doing so (unless the manifestation is inappropriate) is itself acting unlawfully. Clearly, given that Courts are holding that such expression is legally-protected in principle, any notion that such comments are criminally unlawful are unfounded so any police action arising from those Tweets would be wholly unlawful.

Samizdata quote of the day – How to beat the tyranny of what ‘everyone knows’

Consider almost any apparently current ‘common knowledge’ today – Net Zero, critical race theory, trans, ‘diversity is our strength’ – and you will find instead a minority concern elevated to ‘common knowledge’ with the dictatorial overlord shouting down those who dare speak against it. This is most acutely felt within academia and certain corporates, but all of us at some point will have self-censored for fear our opinions are not common knowledge when in fact they probably are. If as a society we can succeed in getting a proper handle on ‘common knowledge’ we will greatly improve our country and our sense of ease within it.

Joanna Gray

Net Zero: this isn’t science, it’s ideology

From Kathryn Porter and the good lads at TRIGGERnometry. Highly recommended…

This not not a fight the UK government can win using the old playbook

It has been interesting to see the predictably alarmed reactions to the huge march in London organised by Tommy Robinson et al.

One remark I heard on a video was “The most alarming aspect of the event was just how normal the vast majority of the marchers were… the sort of people you’d meet in a country pub, or at a half-time queue for the loo or a concert.”

At first, my reaction to hearing that was “surely the normality of the crowd should have made the march less alarming”… but then I realised the marchers not being stereotypical bovver boys makes plausibly labelling the demonstration as “far-right” vastly harder.

Yes, I can see how that might alarm some people as the magic words racist, fascist, and far-right lose their power from years of overuse and the fact there were reggae bands and alarmingly black faces in the crowd.

Samizdata quote of the day – Raising the flag

What began as scattered acts of defiance has blossomed into a nationwide movement: St George’s Crosses and Union Jacks hoisted on lampposts, motorway bridges, and public spaces from Birmingham’s Shard End to Tower Hamlets in east London, Southampton to Brighton, and even Cannock. Roundabouts painted red and white, zebra crossings marked with the cross, symbols of England asserting themselves in the urban landscape. Last night I cycled through London’s Labour stronghold of Lambeth, and road markings have been transformed with the St George’s Cross, a quiet but bold reclamation in one of London’s most diverse boroughs. Dubbed “Operation Raise the Colours” by organisers (though it is hard to describe the phenomenon as organised), it has seen thousands of flags raised, with fundraising efforts like Birmingham’s £16,000 drive sustaining the effort. I support this gentle uprising, for it breathes life into symbols long marginalised.

Gawain Towler

From small acorns do mighty trees grow…

Thousands upon thousands of ULEZ cameras have been destroyed by the Bladerunners (way more than 5,000 last year alone)

@frankyboynoulez

No ULEZ Song. Big Up @joshyboi1990 and give him a follow. #bladerunners #NoULEZ #ulez #nopaypermile #PayPerMile #bladerunner #dennisthedinosaur #deadulez #ulezcamera #paypermilecamera #fyp @MattHardyBladeRunner @jasonNOULEZ @Dan The Man With A Van 2.0 @vanhunterphil @Unicorn No Ulez @London Bladerunners @BladerunnersUK

♬ original sound – FrankyBoyNoULEZ

Say no to police state Britain

The BBC says “According to Ofcom, platforms must not host, share or permit content encouraging use of VPNs to get around age checks.”

I encourage the use a VPN to get around all state abridgement of people’s right to access the internet, including age checks. Say no to police state Britain, not to mention a VPN enhances your security online.

‘Pride goeth before destruction, and an haughty spirit before a fall.’ – An irrational police chief’s bad day in court

The High Court in England & Wales has handed down a judgment declaring that the Chief Constable of Northumbria Police – a force covering Northumberland, Newcastle and Sunderland, (basically the upper part of north-east England) acted irrationally in letting her officers participate in and support a ‘Pride’ event in 2024.

In short, the issue was that the Claimant (‘Plaintiff’ to our friends over the Ocean), a ‘gender-critical lesbian’, objected to members of the local Police Force Force and/or members of the Force associating themselves with the views of supporters of gender ideology and transgender activists by actively participating in the ‘Northern Pride Event in Newcastle in July 2024. The Claimant’s belief is that as a person who is ‘gender-critical’, she believes that a person’s sex is an immutable characteristic and that “gender ideology”, which recognises a person’s gender identity, is “wrong and dangerous“. To cut a long story short, the learned judge, Mr Justice Linden, upheld the complaint. Putting it simply, the judge looked at the Chief Constable’s reasons for authorising her officers to participate in the Pride Event and found them to be irrational, i.e. there was no way that the decision could have been taken by a rational Chief Constable.

The crux of the case was that police officers have a duty to be impartial and to appear to be impartial, the Chief Constable decided that the duty to be ‘impartial’ was subject to the ‘public sector equality duty’ (a general duty used wrongly here as a ‘catch-all’ to justify any deviation from the norms of acceptable conduct), but the judge said that it was the other way around, the duty to be impartial is an absolute duty, and the ‘public sector equality duty’ is a duty to have regard to the need to achieve equality, rather than the need to achieve it. The Equality cart was put before the Impartiality Horse. At the end of the judgment is a rather stinging finding about the Defendant, the Chief Constable, in paragraph 136:

I have already explained that the Defendant’s reasoning did not provide a rational basis for her decision. After careful consideration I have also concluded that the effect of the activities challenged by the Claimant was sufficiently obvious for the Defendant’s decision to be outside the range of reasonable decisions open to her.
I should point out for our readers that in England & Wales, judges are appointed by a commission, and the notion of a judge being akin to an ‘Obama judge’, a ‘Biden judge’ or a ‘Trump appointee’ is alien here, but of course the exalted echelons of higher legal circles contain in the main the sort of people who, holding a conference on law to all comers, would see nothing untoward in sneering at a Conservative government’s legal difficulties or Brexit, and the ‘Overton window’ in the legal community is more like a pinprick hole in a camera obscura, but that is not the point. What I would say is that in England & Wales, the more senior judges will tend to stick to the law and this may produce apparently surprising results, like this case.

So what happens now? Well in respect of last year’s event, nothing other than this court’s finding. However, this judgment, although from a judge who is in the first-level of the English courts, amounts to a legal ‘slap in the face with a wet fish‘ to activist police officers and will no doubt embolden those who seek to reduce or dilute the endless stream of ‘agitprop’ we see coming from our police forces, and to an extent in the wider public sector. It also helps to show that there is a difference between the activist version of the law and reality. Will the Police and Crime Commissioner for Northumbria take any steps like asking the irrational Chief Constable to resign? Well, I’d be more surprised by that than the Second Coming.

In Sweden – ‘We are all guilty’ say the police (paraphrasing).

Officers of the Swedish Police have made an announcement regarding the 30 or so bombings in the country in January 2025, attributed to extortion of businesses by criminal gangs, and have said that they can’t cope and they need all of society to mobilise to help them. However, they don’t appear to say how this should be done, or what with, so there might be some misinterpretation and I don’t think that the posse is a thing in Sweden, reported by the independent, reader-funded Nordic Times.

Swedish Police: “Everyone must take responsibility for the bombings”

This puts me in mind of a character in The Daily Telegraph’s Peter Simple column, who, as a fore-runner of today’s DEI activists would roundly proclaim ‘We are all guilty!’, a chilling vision of the climate today.

However, coming back to Sweden, we are told:

– The whole society must be mobilized. Everyone must take responsibility and do even more, said Tobias Bergkvist, deputy regional police chief for Stockholm.

During a press conference on Wednesday, the police emphasized the urgency of the situation and the need to take action to stop the wave of violence.

– We have a very serious situation, not only in Stockholm but also nationally, Bergkvist emphasized.

The Nordic Times has its own take on the matter, citing, as the BBC would probably point out, ‘without evidence’ networks of immigrant criminals.

The police do not seem to have gone that far in terms of specificity:

– What we are seeing now is an escalation of violence, but also a change in the problem. The majority of the bombings we have suffered in December and January have rather financial incentives, are strategic acts targeting companies and often for extortion purposes, says Hampus Nygårds, Deputy Head of the National Operations Unit (NOA).

“Criminal ecosystem”
He explains that the purpose of the attacks is to intimidate business owners into paying to stop the threat.

– Money is demanded to stop the violence and threats.

The police describe how a “criminal ecosystem” has emerged, where the recruitment of new perpetrators has now moved to digital platforms. Young people are offered money to commit acts of violence – including murder.

But there is a plan, nothing so far like what appears to be happening in the USA, this is Sweden after all, but the plan is an increased digital presence of the police.

The police are now mobilizing, especially in Stockholm but also nationally. We are taking measures such as reinforcements from different police regions, Bergkvist explains.

An important part of the strategy is said to be to increase the police’s digital presence and competence and to focus more on identifying and stopping bomb makers before the explosions are carried out, but the police believe that crime prevention work cannot be done by the authorities alone.

El Preste Juan lucha (Prester John fights) – abolishing INADI in Argentina

Over the seas and far away, President Milei of Argentina has abolished a government function, that of INADI, the purpose of which was easily comprehensible from its name in Spanish, the Instituto Nacional contra la Discriminación, la Xenofobia y el Racismo the newspaper La Nación has this report, and I quote.
“Disolvimos el INADI. Ente ideológico de uso político partidario. Despedimos a los empleados y devolvimos el edificio. Nuestra gestión se concentra en achicar el Estado y cerrar los organismos innecesarios. No creemos en la utopía del Estado eficiente. Vamos por más, mucho más”, escribió el ministro de Justicia.

‘We have dissolved the INADI. An ideological entity of partisan political use. We are dismissing the staff and are taking back the premises. Our management will focus on shrinking the State and closing unnecessary organs. We do not believe in the utopia of the efficient State. We will be doing more, much more.’, wrote the Ministry of Justice.”

Looks like he means what he says. On one YT video (in Spanish) I saw a comment to the effect of ‘If there isn’t a government Department for Breathing, will we all be asphyxiated?’.

 

 

‘¡Afuera!’ – Presidente-elegido Milei on the Pope, the murderous Castros and architecture

Probably the most important man of the 21st Century, if only for his potential to do good, Argentine President-elect (as I write) Javier Milei sat down with Tucker Carlson for an interview, (excerpt provided) at which he discussed the Pope, the murderous Castros and architecture amongst other points (that socialists are evil and think they are ‘God’). The interview was done with Mr Carlson asking questions in English and Señor Milei’s replies in Spanish are sub-titled (accurately I would add) and presumably interpreted in real time.

This segment is just over 9 minutes long, and it is well worth watching. We have all the indications that he is the real deal, he says that he is prepared to die for his beliefs, let us wish him a long and productive life and Presidency.

Samizdata quote of the day – the degeneration of mass movements

“Every great cause begins as a movement, becomes a business, and eventually degenerates into a racket.”

– a frequent paraphrase of Eric Hoffer (that is actually better than the original IMO)