Several prominent American figures – including X boss Elon Musk and Vice-President JD Vance – have already voiced apprehension about the regulation of speech in the UK and across Europe. Linehan’s arrest played directly into their narrative; politicians at home and in the US keep an eagle eye on any hint of evidence of a hypocritical “two-tier” justice system, a conspiracy theory that right-wing or white people are treated more harshly by authorities.
Linehan’s tweets are expressions of his views on trans rights, clumsily expressed and not funny. In one, he posted a picture of a pro-trans demonstration in Brighton from April with his caption: “A photo you can smell”. Another reads: “I hate them. Misogynists and homophobes. F*** em”. And the third says: “If a trans-identified male is in a female-only space, he is committing a violent, abusive act. Make a scene, call the cops and if all else fails, punch him in the balls.”
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In the ugly online war of trans rights activists versus “Terfs” – an acronym that stands for trans-exclusionary radical feminists – there have also been claims of two-tier justice. In 2023, Sarah Jane Baker – also convicted for torturing a teenager and attempting to murder a fellow inmate – told a rally: “If you see a Terf, punch them in the f***ing face.” The magistrate found Baker not guilty of encouraging violence, accepting the defence that it was not a serious threat but that Baker “wanted the publicity”.
As Linehan apparently gears up to sue the Met, the police are clearly sick of being dragged into what is often little more than an online barfight. Last year, the chairman of the Scottish Police Federation warned a deluge of hate-crime reports had overwhelmed his officers and created “a situation where we simply cannot cope”. On Wednesday, after Linehan’s arrest, Met Chief Mark Rowley said his officers are in an “impossible position” and should not be “policing toxic culture wars debates”.
“Where there is ambiguity in terms of intent and harm, policing has been left between a rock and a hard place by successive governments who have given officers no choice but to record such incidents as crimes when they’re reported. Then they are obliged to follow all lines of enquiry and take action as appropriate,” Rowley added.
But The i Paper understands there are no plans to try to unpick the Online Safety Act (OSA), another bête noire of the right. Instead, The College of Policing is expected to issue fresh guidance to officers on what constitutes a hate crime incident. Government officials are examining the effectiveness of the OSA – which has only just entered into law after taking years to come into effect. There are some early indicators showing child protection is on the rise.
Musk’s dominance of X has opened a window into what free-speech absolutism looks like: haphazard algorithms, disinformation, antisemitism and job cuts.
Nonetheless, even designed with the best of intentions, current UK legislation is clearly being overzealously interpreted. That’s created a sense of grievance that both the right and left are poised and ready to exploit. The police and public want out of this toxic brawl. Ministers should help them.
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