British Freedom of Speech Endangered
John Stuart Mill, where art thou?

Liam Stacey


Charles C. W. Cooke

In Britain, the trend toward the curbing of free expression picked up speed on Monday, when British student Liam Stacey was sentenced to 56 days in prison for posting racist comments on Twitter. When Premier League footballer Fabrice Muamba had a heart attack during a soccer game and was rushed to hospital, a drunk Stacey took to the microblogging site and spewed a series of racially abhorrent tweets into the ether. Other Twitter users — including sports pundit and former top-flight footballer Stan Collymore — quickly noticed his words and reported Stacey to the police, who arrested him and charged him with incitement to racial hatred a few days later.

When Muamba collapsed, said the judge at Stacey’s trial, “not just the footballer’s family, not just the footballing world but the whole world were literally praying for his life. Your comments aggravated this situation.” In fact, it is hard to see how Stacey’s words aggravated anything much at all. What he wrote, utterly appalling and unprintable as it was, had bearing neither on the efficacy of Muamba’s life-saving treatment nor on the likelihood of his survival. It prevented nobody from praying for his life or exercising any of their own rights. And it encouraged nobody to do anything illegal. Sure, what Stacey wrote may have — should have — upset many people. But in a free country, that cannot be a crime.

Explaining his decision to imprison Stacey, the judge noted that he had “no choice but to impose an immediate custodial sentence to reflect the public outrage at what [Stacey had] done.” “To reflect the public outrage”? Translation: British speech law is determined by the sentiments of the mob. That this is the case would constitute a tragedy anywhere that free men live, but it is especially egregious in the land of John Stuart Mill. In On Liberty, Mill averred that “if all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.” His words carried no small print, nor did his associated contention that “there ought to exist the fullest liberty of professing and discussing, as a matter of ethical conviction, any doctrine, however immoral it might be considered.”

It is hard to fathom why exactly Stacey was singled out. It is a sad fact of modern life that people say racist and abhorrent things on social networks and public message boards all the time — YouTube’s comments section, particularly, is a sewer — and yet most go untouched. Given that a popular Twitter reaction to Stacey’s imprisonment on Monday was “I hope he gets raped by a black man in prison” — and there were other, even less charming, variants — one can but ask why such subsequent comments do not constitute as much of an incitement to racial hatred — to violence, perhaps — as the original, and why they are not worthy of the same punishment. If an eye for an eye makes the world blind, an insult for an insult would have seen thousands locked up in British jails this week if the law had been applied consistently.