The Scottish Crown Office subsequently wrote to us on March 5th demanding we remove the article. Guido decided to ignore it as it seemed unlikely to prejudice matters or reveal witnesses. The Spectator has taken the same approach to the same letter.
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The Scottish Crown Office subsequently wrote to us on March 5th demanding we remove the article. Guido decided to ignore it as it seemed unlikely to prejudice matters or reveal witnesses. The Spectator has taken the same approach to the same letter. I’m sorry, but if you didn’t object to the Metropolitan Police’s brutal tactics in dispersing anti-lockdown protestors in Trafalgar Square last September, you cannot condemn their employment of identical tactics last night. Either you defend the right to protest for everyone, or you defend it for no one. You cannot just get worked up about it when it affects those whose cause you approve of. In the (Glasgow) Herald, Scottish Justice Secretary Humza Yousaf writes,
Odd headline. Make that some people.
By “Parliament” Mr Yousaf means the one with him in it, i.e. the Scottish Parliament. The SNP love this rhetorical trick of pretending the Scottish Parliament is the only one of any relevance to Scotland. Wishing this to be so is a perfectly legitimate goal, but pretending it is already so is premature. Of course all the Scottish people have to do to ensure that the Parliament with Mr Yousaf in it becomes the sole decider of what laws they live under is carry on voting for Mr Yousaf’s party in the numbers they now do.
The law cannot have done a very good job of protection, given that he said in the previous paragraph that hate crime was “pervasive”, and that he complains a few paras down about all the hate he receives.
That being the Scotland where race hate crime is pervasive.
By “we” Mr Yousaf means that the SNP reluctantly accepted one amendment from the Scottish Conservative MSP Adam Tomkins. That link takes you to a Guardian article that also notes that “Tomkins and fellow Conservative Liam Kerr failed to secure an amendment that they argued would protect disagreements, for example, at the family dinner table.” Mr Yousaf continues,
You don’t say whether these discussions led to any action, Mr Yousaf. Hint: they didn’t. His only reason for cooing about how constructive the discussions were is to conceal the fact that the this clause that would theoretically further protect everyone’s right to freedom of speech was not actually constructed, just talked about.
I’m not surprised. They should never have let a Sex Aggravator sit on a parliamentary committee. → Continue reading: The Hate Crime (Scotland) Bill is due to pass tonight Lord Sumption: Our status as a free society doesn’t actually depend on our laws or our constitution, it depends on convention. It depends on a collective instinct as to the right way to behave. There are many things governments can do which it is generally accepted they should not do. And one of them, until last March, was to lock up healthy people in their homes. Interviewer: So, do you think we have taken an irreversible step towards being more Chinese, more dirigiste? Lord Sumption: I very much fear that we have – From an Unherd interview titled: Lord Sumption: mass civil disobedience has begun I do not agree with Sumption on every point by any means but this interview is well worth your time. It was also Blair’s government that criminalised the right to silence at British ports. Thanks to Schedule 7 of the Terrorism Act 2000, to this day any person may be detained and questioned, with no need for reasonable grounds. It remains a criminal offence not to answer questions during such an interrogation. These laws were originally intended for Irish Republicans, and came to be used largely for jihadist terrorism — but typical of government mission creep, they were eventually applied to obstruct controversial journalism. The most publicised example of this occurred in 2013, when Glen Greenwald’s partner David Miranda was detained under these powers at Heathrow airport for nine hours. – Maajid Nawaz discussing Blair’s constant war on freedom “The glacial pace at which we’re being handed back our liberties is a stark contrast to the terrifying speed at which they were taken away. The deprivations of the last year have been so many and various that it’s difficult to remember what happened when, but having to cancel Christmas plans with just five days’ notice isn’t something many families will soon forget.” Governments don’t oppose gig economy jobs because of a concern for working conditions, they do it because “real employees” are the most heavily taxed people in the economy, and the more of them there are the more the government can milk them for their outrageous vote buying schemes. Employees are much easier to manage and control both by employers and bureaucracies than freelancers. Consequently, bureaucracies prefer them. Two days ago the BBC reported that the Supreme Court had ruled that Uber drivers are workers rather than being self-employed. With what glad hosannas did the drivers greet the news of their liberation! Er, no. As Sam Dumitriu writes in CapX,
Perhaps they had looked across the Atlantic and seen the results of California’s attempt to save gig economy workers from working in the gig economy:
And so it was written. Nothing is now unthinkable. The difference between China’s bureaucratic totalitarianism and our own is now a matter of degree, not kind. The future is a bleak vista. Scientists claim that lockdown cycles will continue for years, and regular reviews of personal freedom look set to become as quotidian as changes in interest rates. Even if Covid-19 does disappear, it will be a brave politician who, in a future NHS winter crisis caused by traditional common-or-garden influenza, refuses to impose restrictions that scientists promise will save thousands of lives. Civil liberties safeguarded during two world wars are now, as they are in China, gifts of the state. Investigating the possibility and extension of a mass hysteria related to COVID-19 is beyond the scope of this article. In this article, we analyze a more fundamental question, namely, the role of the modern welfare state in mass hysteria. There can certainly be mass hysteria without the state in a private law society or within the context of a minimal state. This possibility exists due to the negativity bias of the human brain [55], which makes people vulnerable to delusions. Due to biological evolution, we focus on bad news as it may represent a possible threat [56]. Focusing on negative news and feeling a loss of control [57] may cause psychological stress that can develop into a hysteria and propagate to a larger group. In a society with a minimal state, negative news may start such hysteria. Due to the negative news, some people start to believe in a threat. This threat evokes fear and begins to spread in society. Symptoms can also spread. Le Bon [58] called the spread of emotions through groups “contagion”. Once anxiety has spread and the majority of a group behaves in a certain way, there is the phenomenon of conformity, i.e., social pressure makes individuals behave in the same way as other members of the group. In the end, there may be a phenomenon that has been called emergent norms [59]: when a group establishes a norm, everyone ends up following that norm. For example, if a group decides to wear masks, everyone agrees to that norm. Emergent norms may explain the later stages of contagion. Contagion by fear can lead people to overreact strongly in a situation, even in a minimal state. Nonetheless, in a minimal state, there exist certain self-corrective mechanisms and limits that make it less likely for a mass hysteria to run out of control. – from COVID-19 and the Political Economy of Mass Hysteria. I strongly recommend reading this entire paper as it really does an excellent job of explaining where we are now. “MSPs back criminalising hate speech at the dinner table”, reports the (Glasgow) Herald
Humza Yousaf’s choice of example is disingenuous. There has never been a “dwelling exemption” when it came to inciting a crime, and no one has suggested there should be one. The amendment allowing a dwelling exemption that was unsuccessfully tabled by the Tory MSP Liam Kerr related only to the “stirring up of hatred”. It is disturbing enough that such an amorphous charge should ever be made a matter of law at all, but whatever he might think of the Hate Crime Bill as a whole, Kerr’s proposed amendment in this instance was limited to suggesting that the rule whereby it becomes a crime to stir up hatred would be suspended if “words or behaviour are used by a person inside a private dwelling and are not heard or seen except by other persons in that or another dwelling”. In other words Kerr did not think it should be a crime to stir up a particular emotion in another person if done in private. By seven votes to two, the Justice Committee of the Scottish Parliament disagreed. Assuming the Bill passes, it will thus be a crime in Scotland to say words deemed to be hateful, even if done in your own home. This new crime having been created, will failure to report this crime itself be a crime? According to the website “Ask the Police”, “Whilst there is no legal requirement to report a crime, there is a moral duty on everyone of us to report to the police any crime or anything we suspect may be a crime.” Since asking the same question in “Ask the Scottish Police” redirected me to the same answer, I assume this answer also applies to the separate Scottish legal system. That is only slightly reassuring. Once reported, a potential crime must be investigated. The suspect must be questioned. Witnesses must be called. By the nature of this new crime the suspects and witnesses are likely to be the family members of the accuser. To many that will be a feature not a bug. I call it a “new” crime, but that is a misnomer. The Scottish Government – soon to be the Scottish State if the ruling party of the current Scottish Government has its way – is set to return to methods of maintaining order that are very old. “Piers Corbyn has been arrested over leaflets comparing the UK’s Covid-19 vaccine rollout to Auschwitz”, the BBC reports.
The leaflets were offensive. A recent headline in the Evening Standard described vaccination against Covid-19 as a “safe path to freedom”. The leaflets implied that this was a lie by photoshopping a picture of the entrance to the Nazi concentration camp so that its gates appeared to bear the phrase about vaccines rather than “Arbeit Macht Frei”. Tacky. But if we took to arresting every fool who compares their political opponents to Nazis there would soon be more people in the nick than out of it. Calling people Nazis is not illegal. Being wrong is also not illegal. If we want to convince people that vaccines are safe, try convincing them that vaccines are safe. As in try to change their opinions by argument. The only thing the arrest and silencing of anti-vaxxers does is make people wonder what the government is trying to hide. |
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