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this post was submitted on 09 Aug 2024
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And yet, it's there. Just as it is in defamation law.
A jury of your peers and the Public Order Act 1986.
The US has free speech. Apart from all the exceptions it carves out and designates not protected speech, including but not limited to incitement, threats and harassment, sedition, and obscenity. Obscenity in particular was famously 'defined' for a while as "I know it when I see it". So why draw the line at hate speech?
Is it not a weird state of affairs when saying "X is a paedo" is legally actionable but saying "trans people are all paedos and X is trans" isn't, even week when X's house gets burned down either way?
Sure, the UK parliament could pass a law saying criticising the prime minister is now illegal. The courts will inevitably issue a declaration of incompatibility with human rights law, but the government, in theory, could ignore it. If the public swallows it. But there's nothing really stopping that happening in the US either. Congress could pass a law making it illegal to criticise the president, and since the president gets to pick the judges, it could almost certainly come under the sedition exception to the first amendment if the president really wanted it to pass. If the public swallows it.
And that's what it comes down to at the end of the day. Whether or not the public swallows it. For all the US right wing likes to harp on about freeze peach that sure doesn't seem to apply if you want to say something bad about America or use the word cisgender. Do you really think the American public is much less likely to support authoritarianism than the British public?