That’s Debatable!

Watch It!

Allison Pearson’s visit from Essex Police on Remembrance Sunday has reignited the debate around the state of free expression in the UK. While some confusion remains around the precise details of that doorstep conversation, it has nevertheless thrown the thorny issue of ‘Non-Crime Hate Incidents’ (or NCHI) sharply back into the public eye. The Times, for example, has discovered that police have been recording NCHI against children as young as nine, this despite paragraph 36 of the new Code of Conduct explicitly recommending them not to do so. Our Informative Guide sets out how you can find out if your local police force has recorded an NCHI against you and what you can do to get it deleted – log in to your FSU account to take a look. Control of language continues across the country and we were dismayed to read in The Telegraph that the Welsh government’s anti-racism action plan aims to change the beliefs and behaviour of the white majority. Official reports have even advised creating “dog free areas” to boost inclusion. We move on to discuss an important article by two Oxford students who each testify to the endemic fear of cancellation across the student campus. This follows the tragic death of Alexander Rogers and the inquest’s ruling that the student was the victim of “pervasive cancel culture”. Professor Kathleen Stock has written a very thoughtful piece in Unherd on how universities are teaching students to shame. Finally, Jan discusses Wendy Houston’s show, “Watch It!” and reports on Sunday’s march on Wembley for the teenage female footballer banned following a transgender row.
‘That's Debatable!’  is edited by Jason Clift.

Two Cheers for Trump on Free Speech

When it comes to American politics, it’s probably fair to describe the events of the last seven days as ‘historic’. We begin, therefore, by asking the question, “What does the election of President Trump mean for free expression?” – and it turns out that things are perhaps more nuanced than either side would care to admit. While Trump’s classically liberal instincts sometimes serve to protect the First Amendment rights of all Americans, too often they are overridden by his determination to fight culture wars or by a fixation with settling personal vendettas. We begin today’s episode by discussing these arguments, which Freddie Attenborough has also put together for an excellent article in The Critic. Back home in the UK, The Times reports how several of Britain’s most eminent authors have told ministers that literary freedom is being “eroded” by their failure to stand up to cancel culture on university campuses. In their letter, they accuse the government of failing to safeguard “humane and liberal values”. Those signing the letter include the novelists Ian McEwan, Lady Antonia Fraser and Lionel Shriver. They have been joined by the philosopher AC Grayling, the actor and author Stephen Fry and the former poet laureate Sir Andrew Motion. Finally, an article in Spiked caught our attention this week, which pointed out various ways in which Ofcom appears to be applying different standards to GB News than to mainstream media outlets. This is especially worrying at a time when the Online Safety Act has granted Ofcom new authority over not only traditional broadcasting, but also social-media companies and online streaming services.
‘That's Debatable!’  is edited by Jason Clift.

Political Football

A striking chart that we’ve included in November’s newsletter shows how the FSU has surged from just under 14,000 members at the beginning of July, to 20,100 members at the end of October – a percentage increase of 43%. As our graph highlights, it won’t be long before we’re bigger than Aslef and the National Union of Journalists. There’s good news to pass on in relation to the Judicial Review of Bridget Phillipson’s decision to pause the Higher Education (Freedom of Speech) Act. It was reported by the Telegraph over the weekend that the FSU has now been granted permission to appeal the move, with a judicial hearing set to take place in the High Court on January 23rd. In a legal document confirming permission to appeal the move, a High Court judge said it was in the “public interest” for the issue to be resolved promptly. Worryingly, though, Sir Keir Starmer has now resurrected the Football Governance Bill, which fell by the wayside during the last Parliament. Among the reams of red tape it will impose on football clubs is a requirement that they submit a “corporate governance statement” to the newly created Independent Football Regulator saying what action they’re taking on equality, diversity and inclusion (EDI). Our concern is that this requirement will normalise what happened to our member, Linzi Smith, with tens of thousands of fans banned from attending games simply because their political views put them at odds with their club’s EDI policy. Finally, we briefly discuss our response to the latest consultation issued by the Institute & Faculty of Actuaries on the inclusion of EDI requirements in the Actuaries Code before deciding definitively not to speculate on who might win the imminent presidential election in the USA.
‘That's Debatable!’  is edited by Jason Clift.

L(loyd)G(eorge)BTQ+

The Battle of Ideas 2024 delivered yet another weekend of thought-provoking talks, panel discussions and debate. It was especially heartening to witness so many attendees from the younger generation – so-called ‘Gen Z’ – contributing to and shaping discussion that will equip us to defend enlightenment principles over the coming years and decades. How ironic it is then, that, according to a new language Guide reported on by The Telegraph, words used to discuss generational differences are to be classified as offensive across Northern Ireland’s Civil Service. The guide also advises staff to use gender-neutral language and to avoid words such as “love”, “dear” or “darling”. In Wales, meanwhile, the next chapter in the Welsh government’s tax-payer funded ‘Anti-racist Wales Action Plan’ is a project to ‘decolonise’ the childhood home of David Lloyd George. According to The Telegraph, the museum in Llanystumdwy honouring Britain’s First World War leader has worked with a “decolonisation consultant” to change its approach to history, and LGBT displays could be included in future. While our new language commissars continue their mission of command and control across the UK, we shall continue to draw refreshment from the mountain-tops of Western culture – just one reason why we’ll be listening back to the session, “Why JS Bach Still Matters” from the Battle of Ideas.
‘That's Debatable!’  is edited by Jason Clift.

The Knight's Tale

It’s been 100 days since Sir Keir Starmer formed his new government and it’s fair to say that they have not been great for freedom in the UK. From the resurrection of Non-Crime Hate Incidents through to the establishment of a new unit commissioned with delivering a Bill to ban trans-inclusive conversion therapy, it’s quite the shopping list of free expression issues. Sadly – though perhaps not surprisingly – the July halting of the Higher Education Freedom of Speech Act is now having real life consequences. On 10th October, former Home Secretary Suella Braverman was due to speak about her career and life in politics to the Cambridge University Conservative Association (CUCA), which she led 20 years ago as a student. But the event was cancelled due to safety concerns after “Cambridge for Palestine”, a campaign group, called on supporters to “no platform” the “far Right”, claiming her “hyper-authoritarian populist policies on migration, policing and protest” represented “everything we stand against”. The FSU has since reached out to Ms Braverman and CUCA offering to pay the security costs to allow the talk to go ahead at a later date. An editorial piece in The Times  lays out that paper’s own concerns for students and free thinking. Meanwhile, Nottingham university has slapped a trigger warning on Geoffrey Chaucer’s The Canterbury Tales, apparently because they contain ‘expressions of Christian faith’. Yet writing a collection of stories about characters on a pilgrimage from London to the tomb of Saint Thomas Becket without mentioning the Church, Jesus or the Bible would be quite the achievement! We end on an upbeat note with a mention of the upcoming Battle of Ideas. The event takes place in London this weekend, 19-20 October and tickets are available here, but FSU members can get a discounted price using the link provided in the Weekly News Round-Up.
‘That's Debatable!’  is edited by Jason Clift.

Discussion with Bernie Spofforth

We are delighted to welcome Bernadette (‘Bernie’) Spofforth onto ‘That’s Debatable!’ this week. The FSU offered to defend Bernie after she was arrested for a social media post on X on 29th July in the wake of the tragic Southport stabbings. She was held in custody for 36 hours on suspicion of publishing written material to stir up racial hatred and false communications – this was in spite of the fact that she added the caveat “if this is true”, and deleted the relevant tweet when she discovered it wasn’t. In August, Cheshire Police confirmed Ms Spofforth had been arrested “in relation to social media post containing inaccurate information” and that she had been bailed “pending further enquiries”. However, in a video first posted to X, Bernie said the force had now decided to take NFA, or ‘no further action’. Her message continued: “Firstly, thank you for all of your messages, and I’m so sorry I haven’t responded or replied to any of you, but I couldn’t. I would have been locked up in a cell again for breaching bail conditions if I had”. Today’s conversation provides a first-hand account of the worrying state of free expression in the UK and you can find more background information on Bernie’s ordeal here.
‘That's Debatable!’  is edited by Jason Clift.

Lies, Damned Lies and Statistics

A report published this week by HM Inspectorate of Constabulary, Fire and Rescue Services confirms that police actions such as ‘taking the knee’ or wearing rainbow lanyards are causing confusion amongst police officers and undermining public confidence. The review also suggested that police officers have been recording trivial matters such as non-crime hate incidents (NCHIs) because of worries about getting into trouble. We briefly touch on an article by Labour MP Graham Stringer in The Sun that highlights how the Higher Education (Freedom of Speech) Act has shocked MPs of all political stripes before moving on to the murky world of government statistics. The Times reported this week that 2021 census figures claiming there are 262,000 transgender people in England and Wales have had to be formally downgraded. The Office for National Statistics admitted that there was “potential for bias” in answers to the question: “Is the gender you identify with the same as your sex registered at birth?”. Yet, as we discuss in the episode, reliable statistics are the essential building block for informing public debate, especially when the underlying issue is so culturally taboo that there are repeated attempts to shut down debate. Finally for this week, we dip into an excellent article by Greg Lukianoff in Quillette. He lays out twelve assertions that are frequently made against free expression before marshalling the counterarguments to demonstrate why each of them is flawed. 
‘That's Debatable!’  is edited by Jason Clift.

Man's Best Friend Cancelled!

A graph of FSU membership growth up to the end of August was shared on our social media channels this week and it is impossible to miss the moment at which the new government began its crackdown on free expression in Britain. As listeners and viewers will already know, one of this government’s earliest anti-free expression decisions was to shelve the Higher Education (Freedom of Speech) Act. The Telegraph revealed this week that Professor Arif Ahmed, who was to be the first director for freedom of speech and academic freedom at the Office for Students, has been named as an interested party on the FSU’s application for a Judicial Review of the Education Secretary’s decision. This means that he will be able to make written submissions to the High Court and also appear in person with a barrister to challenge the Government on its arguments. The FSU’s chief legal counsel, Dr Bryn Harris, is quoted in the article, “These proceedings are of the highest constitutional importance. For almost 350 years, the governance of this country has rested on a golden premise: ministers of the Crown may not set aside the law made by Parliament”. Underlining the urgent need for the (now paused) Higher Education Act to be activated, the Telegraph has also reported on the extent to which students on campus are scared to speak their mind for fear of being cancelled. Meanwhile, yet another ludicrous speech code was revealed this week in the Mail, this time at the World Intellectual Property Organisation, a UN agency. The latest target of the speech police is gendered language, meaning no more fishermen, Englishmen or, rather oddly, lumberjacks. Finally, two religious groups have independently raised concerns about the All Party Parliamentary Definition of Islamophobia that appears to be looming ever larger on the legislative road ahead. The Network of Sikh Organisations has written to the Deputy Prime Minister saying that this definition would negatively impact the ability of people to freely discuss religion, speak openly about historical truths, and cause an amplification of a government hierarchy for different faiths. Separately, Christian Today raises concerns that Christians who deny Islam is a saving faith could also fall foul of the law.  
‘That's Debatable!’  is edited by Jason Clift.

The Return of the Non-Crime Hate Incident

The government has this week continued its extrajudicial onslaught on civil liberties. As reported in The Telegraph, the Home Secretary is now “committed to reversing the Tories’ decision to downgrade the monitoring of non-crime hate incidents, specifically in relation to anti-Semitism and Islamophobia, so they can be logged by police”. But the underlying premise here isn’t true. Ms Braverman’s 2023 Code of Practice never prevented the recording of NCHIs. Rather, it just put the recording and retention of NCHIs on a lawful footing. Freddie Attenborough, the FSU’s Communications Officer, provides all the background in his excellent article for The Critic. Meanwhile, documents revealed as part of the FSU’s legal challenge to the pausing of the Higher Education (Freedom of Speech) Act note that “concerns” had been raised with the government about the “consequences for delivering English [higher education] in foreign countries which have restrictions on free speech”. Toby Young, our general secretary, is quoted, “It’s becoming increasingly clear that the reason universities lobbied the Government to quash the Freedom of Speech Act is because they’re worried it will jeopardise their cosy relationship with various authoritarian regimes, particularly the People’s Republic of China. Bridget Phillipson should have told them to put principle before profit, not done their bidding”. Moving to the school sector, guidance has been created for teacher training courses, to ensure future educators are “anti-racist” and challenge “whiteness”. Given that this kind of attack on Britain’s culture and history shows no sign of abating, we are particularly excited about an upcoming book launch hosted by the FSU to introduce Professor Frank Furedi’s new book, “The War Against the Past: Why the West Must Fight for its History”. Join us on Thursday 12 September, either in person or online.
‘That's Debatable!’  is edited by Jason Clift.

Online Anonymity

Given the ongoing civil unrest across the UK, we are worried that the new government is about to clamp down harder and faster on our free expression than we might have first thought. Specifically, over the weekend there has been a railing against online anonymity, something that Ben Sixsmith covers in a piece for the Critic. A hastily rolled-out ban on anonymity could be a dragnet that stifles entirely lawful and benign speech and ensnares innocent people.
Regular listeners and viewers will already be familiar with the Education Secretary’s move to halt the commencement of the Higher Education (Freedom of Speech) Act. We said that we would be taking action and, as reported in the Telegraph, the FSU has now sent a pre-action protocol letter to the Education Secretary, threatening a judicial review if she doesn’t reverse her decision. We have also this week been prompted to write to a local council to threaten Judicial Review of a PSPO (Public Spaces Protection Order). The PSPO passed by Thanet District Council means people within the area covered can now be fined or even face a criminal conviction for “causing a disturbance to others” or being “pejorative” in public, among other things. It effectively imposes a strict liability speech offence, with none of the safeguards which Parliament and the courts have deemed necessary when restricting people’s fundamental rights and liberties.
We end today with news of a positive outcome for the sociologist Laura Favaro, who claimed that she had been denied access to her own research data after she wrote an article for Times Higher Education about how female scholars feared career damage if they criticised the idea that transgender women should be considered the same as people who are born female in all aspects of public life. We also briefly mention Almut Gadow’s case, the background to which is laid out on her crowdjustice page. Now that the government has sabotaged the Higher Education (Freedom of Speech) Act, Almut’s case has become even more important in our battle to recover academic free expression.
‘That's Debatable!’  is edited by Jason Clift.