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Tuesday, September 22, 2020

The man’s “transphobic” tweet was LIGHT, the rules of the High Court

A man’s “transphobic” tweets were lawful and the police violated his right to freedom of expression by acting like “the Stasi” when they showed up to his job to declare it a “hate accident”, judged a judge.

Former police officer Harry Miller, 54, says that an officer told him that he had not committed a crime, but that 30 messages he had tweeted or retweeted over the past year were recorded as a “hate accident”.

The complaint was received by Scotland Yard from a “victim”. London agents then contacted Humberside police to interview Mr. Miller after tracking him down at his machinery and plant.

A judge described today that police actions had a “chilling substantial effect” on Mr. Miller.

Announcing the court’s decision, Mr. Julian Knowles said that tweets from Mr. Miller were “lawful” and that the effect of the police that appeared on the workplace of Mr. Miller “because of his political views should not be underestimated”.

He added: ‘Doing this would mean underestimating cardinal democratic freedom. In this country we have never had a Cheka, a Gestapo or a Stasi. We have never lived in an Orwellian society. “

Former police officer Harry Miller before the High Court today before Judge Julian Knowles was sentenced

Miller is the founder of the Fair Cop campaign group, which challenges police interference in the speech. The image of 54 years in the middle today holding a 'We love free speech' banner, with the writer of Father Ted Graham Linehan on his right

Miller is the founder of the Fair Cop campaign group, which challenges police interference in the speech. The image of 54 years in the middle today holding a ‘We love free speech’ banner, with the writer of Father Ted Graham Linehan on his right

He also said: “The applicant’s tweets were lawful and there was not the slightest risk that he would have committed a crime by continuing to tweet.

“I find that the combination of the police who visited the applicant’s workplace and his subsequent statements about the possibility of being prosecuted was a disproportionate interference with the applicant’s right to freedom of expression because of its potentially chilling effect. “.

As the police guidelines on “hate episodes” are lawful, but the officers have exceeded the limit

In today’s trial, Judge Julian Knowles determined that the Humberside police would act legally if he “simply recorded” the tweets as a hate incident.

However, he claimed that the police crossed the threshold by visiting Mr. Miller at his workplace and then with subsequent statements about the possibility of a legal proceeding against him.

He referred to it as “disproportionate interference” with Miller ‘s right to freedom of expression.

However, Judge Knowles rejected a broader challenge to the legality of driving the “hate accident”, stating that “it serves legitimate purposes and is not disproportionate”.

The rules relating to “hate episodes” are established in the guidelines drawn up by the College of Policing.

It defines a hate incident as “any non-criminal incident that is perceived, by the victim or by any other person, motivated by hostility or prejudice towards a transgender person or perceived as transgender”.

This differs from a hate crime, which is a crime.

The definition of hate crime, according to the guide, is: “Any crime that is perceived, by the victim or by any other person, motivated by hostility or prejudice against a transgender person or perceived as transgender”.

Miller was joined in the High Court today by a group of supporters, including members of his Fair Cop organization.

The organization was formed in May 2019 from concerns about police attempts to criminalize people for opinions not contrary to the law.

Other supporters outside the court today include Father Ted’s creator and comedy writer Graham Linehan, who said he phoned the police because of his views on transgender issues.

The College of Policing guide defines a hate incident as “any non-criminal incident that is perceived, by the victim or by any other person, motivated by hostility or prejudice against a transgender person or perceived as transgender”.

On Friday, in a ruling, the London High Court found that the Humberside police actions were “a disproportionate interference” with the right to freedom of expression of Mr. Miller.

But Judge Julian Knowles rejected a broader challenge to the legality of the College of Police orientation, stating that “it serves legitimate purposes and is not disproportionate.”

The judge said: “The applicants’ tweets were lawful and there was not the slightest risk that he would have committed a crime by continuing to tweet.

“I find that the combination of the police who visited the applicant’s workplace and his subsequent statements about the possibility of being prosecuted was a disproportionate interference with the applicant’s right to freedom of expression because of its potentially chilling effect. “.

During a November hearing, Miller’s attorney Ian Wise QC said that his client was “deeply concerned” about the proposals to reform the gender recognition law and had used Twitter to “engage in a debate about transgender issues “.

One of the messages that Mr. Miller retweeted was a limerick that included the phrase “Your vagina isn’t going anywhere”

He claimed that the Humberside police, following the guidance of the College of Policing, had tried to “dissuade him (Mr. Miller) from expressing himself on such matters in the future”, which he believed “contrary to his fundamental right to freedom of expression”.

Who is Fair Cop? Organization set up by Harry Miller after the police grill for tweets

The organization founded by Miller in May 2019 was formed by concerns about police attempts to criminalize people for opinions that are not contrary to the law.

On its website the group says: Some of us have been victims of police interaction as a result of social media activity; some are shameful police officers of the police action.

‘All of us are furious with the overcoming of’ Big Brother ‘by various police forces and other authorities.

“We are united in our goal of enforcing existing laws on freedom of speech, conscience and assembly – rights that belong to all of us in this country.”

The group adds that it works to work with the police to improve existing speech guidelines.

The judge stated that Mr. Miller strongly denies being prejudiced against transgenders and considers himself a participant in the “ongoing debate” on the reform of the 2004 Gender Recognition Act, which was consulted by the government in 2018.

Speaking outside the Royal Courts of Justice after the ruling, Miller said, “Mr. Justice Knowles has been very clear – we have never had a Gestapo or Stasi in Britain.

Well, the actions of the Humberside police have come too close for comfort. This is a fundamental moment for freedom: the police made a mistake in visiting my workplace, in making a mistake in “controlling my way of thinking”.

His lawyer Paul Conrathe of Sinclairslaw said: “We welcome today’s judgment, which is a confirmation of Mr. Miller ‘s actions in publishing critical tweets against transgender ideology and practice.

“It is a strong warning to local police forces not to interfere with people’s free speech rights on matters of significant controversy.”

Comedy writer Graham Linehan, who attended the hearing in support of Mr. Miller said: “I hope it will make the police a little more careful about being used as a harassment tool by activists.”

Former police officer Harry Miller with father Ted Graham Linehan (third right) and supporters outside High Court, London

Former police officer Harry Miller with father Ted Graham Linehan (third right) and supporters outside High Court, London

An example of one of the tweets that Mr Miller published on his social media account

An example of one of the tweets that Mr Miller published on his social media account

He added: “It is really very difficult to spread the message … we are not transphobic, we just think there are some problems that really need to be discussed.”

Mr. Linehan – who claimed to have “brought the police over to my house, telephoning me” because of his public opinion on transgender matters – said the ruling “is only breaking the corner of trouble, but it is significant “.

In his judgment, Justice Knowles stressed, “I don’t care about the merits of the transgender debate. The problems are obviously complex.

“As I observed during the hearing, the legal status and rights of transgender people are the responsibility of Parliament and not of the courts.”

Holding a copy of George Orwell’s Nineteen Eighty Four, he added: ‘I will continue to tweet, continue to campaign and continue to be with women to guarantee their sex-based rights.

Father Ted’s creator and comedian shows support for Miller at the High Court

Father Ted Graham Linehan’s creator and writer was present at the High Court today to show his support for Harry Miller.

The 54-year-old has a profile on the Fair Cop website – the organization founded by Harry Miller – and has been openly stated about his treatment by the police for his views on transgender issues.

Harry Miller (left) alongside Graham Linehan

Harry Miller (left) alongside Graham Linehan

In a profile on Mail on Sunday, Linehan, who also wrote IT Crowd, said he had become “one of the most detested figures on the Internet”.

Today he said: “I hope that (the judgment) will make the police a little more careful to be used by activists as a harassment tool.”

He added: “It is really very difficult to spread the message … we are not transphobic, we just think there are some problems that really need to be discussed.”

Mr. Linehan – who claimed to have “brought the police over to my house, telephoning me” because of his public opinion on transgender matters – said the ruling “is only breaking the corner of trouble, but it is significant “.

‘This judgment today told us that we can do it and, if the police come knocking, say:’ Miller v Humberside Police, b **** r off! ”

Deputy Director General Bernie O’Reilly, executive director of the College of Policing, said: “It is delighted that today’s ruling has found that the College of Policing’s guidance on recording non-criminal hate episodes is both lawful and extremely important to the protection of people.

“The position of the police is clear: we want everyone to be able to express opinions with the same passion they want without breaking the law.”

He added: ‘Our guide is about protecting people because of who they are and we know this is an area where people can be reluctant to report things to us due to the very personal nature of what they live or perceive.

“In the police, things are not always going well and obviously there will be some learning following today’s judgment.”

The interview between mr. Miller and the officer took place at 23:00 on January 23 last year.

The PC claimed to have received a complaint on Harry’s tweets from a “victim” – an unnamed member of the public “south” – who had warned the criminal unit of hatred of the largest British police force, Scotland Yard from London.

Shipyard officers, in turn, asked Humberside police to interview Harry after tracking him down at his machine and machinery factory in the force area.

The cop told Harry he was in trouble for retweeting a “transphobic” limerick.

He was told that he had also been investigated for Twitter support for BBC Woman’s Hour presenter Jenni Murray, who had been criticized by Oxford students after writing a newspaper article asking if transgender women were ” real women. “

Harry was told in the conversation to Tesco that he had not broken the law but that he had been guilty of a “non-criminal” hate incident.

According to court documents, the agent explained to him, “Sometimes, a woman’s brain makes a man’s body grow in the womb and that’s what’s transgender.”

When Harry asked why the officer kept calling the person who made the complaint a “victim”, when no crime had been established, he was told “this is how it works”.

A mother of two who called a transgender woman a “pig in a wig” is convicted of sending offensive tweets as freedom of speech advocates protest outside the courtroom

A mother who called a transgender woman a “pig with a wig” during a Twitter line was sentenced to prison after a judge accused her of causing anxiety.

Three police officers arrived at Kate Scottow’s home in Pirton, near Hitchin, Herts to arrest her in front of her 10-year-old daughter and 20-month-old son after complaints were received by Stephanie Hayden.

District judge Margaret Dodd found the 39-year-old guilty of constantly using a public communications network to cause annoyance, distress and anxiety to Ms Hayden between September 2018 and May 2019.

Scottow was convicted of a crime, unlike Mr. Miller, whose tweets were recorded by the police simply as a “hate accident”.

Kate Scottow (pictured February 7) was today found guilty of persistently using a public communications network to cause annoyance, discomfort and anxiety to the transsexual woman Stephanie Hayden between September 2018 and last May

Kate Scottow (pictured February 7) was today found guilty of persistently using a public communications network to cause annoyance, discomfort and anxiety to the transsexual woman Stephanie Hayden between September 2018 and last May

Scottow was accused of deliberately “undue” Ms. Hayden by referring to her as “him” or “him” during a period of “significant online abuse”.

Scottow had been arrested by police officers last year at his Pirton home near Hitchin, Hertfordshire, in front of his 10-year-old daughter and 20-month-old son.

District judge Margaret Dodd told Scottow that he made deliberate and persistent use of the male pronouns and caused “unnecessary anxiety” to Ms. Hayden.

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