Could you be arrested for putting an atheist poster in your window?

Robust debate is a freedom to be celebrated, not feared.

"Religions are fairy stories for adults" is scarcely the most incendiary slogan ever devised. It might be a question on an old-style A-level paper ("discuss"). A pensioner from Boston in Lincolnshire was, however, advised by the police that he risked falling foul of the Public Order Act 1986 if he put the message in his window. He might even face arrest. Well, sort of.

John Richards' "defiant" stand – the word comes from the original report in the Boston Standard – has attracted the support of, among others, the National Secular Society. Their president Terry Sanderson described the police reaction as "completely over the top", adding that "people have got to learn to get a thicker skin." Pavan Dhaliwal of the British Humanist Association commented that the case "shows how subjective the law is, and how it has the real potential to stifle free speech."

Also supportive is Simon Calvert of the Christian Institute, the pressure group responsible for highlighting several free speech cases involving Christians. Calvert proclaimed that "It is no business of the criminal law to impinge on such moderate expressions of belief... What possible justification could there be for officers to tell a man he cannot insult religion with a tiny poster in his own window?"

It's important to be clear about what actually happened in this case. First of all, Richards' poster has not, as yet, attracted any complaints. When I spoke to him he told me that the only reaction he had received came in the form of an anonymous letter which supported both the message and his right to display it. Nor were Lincolnshire police acting on their own initiative in warning him of the possible consequences were complaints to be made. They only discovered the existence of the sign because he wrote to them, informing them of his intention and enquiring if it might constitute a criminal offence. In setting out the circumstances in which it might they were, he thinks, "just covering themselves".

Richards, a retired journalist who is also chairman of the Apostrophe Protection Society, denies that the story is a publicity stunt. He contacted the police, he says, because he was worried about the legal position and wanted to protect himself. Nor did the police response cause him to take the sign down – or, indeed, to do anything except contact the Boston Standard. Nevertheless, however trivial, the story does highlight a genuine issue.

Section 5(b) of the Public Order Act 1986 makes it an offence to "display any writing... which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby". The section is notoriously subjective – previous instances in which police have used it as a reason to intervene (and occasionally to bring charges) have involved Christian preachers inveighing against homosexuality, members of Outrage! protesting against the persecution of gay people by Islamic governments, a teenager holding up a sign describing Scientology as "a dangerous cult" and a student who described a police horse as "gay".

Peter Tatchell has argued that it is "sweeping, draconian and has a chilling effect", especially as there is no requirement to prove intent to cause harassment or distress. He is one of many people currently urging that Section 5 be repealed or at least modified by removing the word "insulting". The campaign is spearheaded by an alliance of convenience between the Christian Institute and the National Secular Society, who said in a joint statement earlier this year: 

With such a low threshold, it is too easy for police – and thin-skinned activists – to fall back on when there is controversy and one side claims to feel offended. At the same time there are plenty of other, more targeted, offences available to tackle genuine cases like harassment, incitement and breach of the peace.

"Breach of the peace", however, is at least as much a catch-all as the word "insulting" in the Public Order Act. The real problem may be one of attitude rather than the precise wording of legislation: the existence of an official mindset that sees robust debate as potentially threatening to the tranquility of the public space, as a threat to be managed rather than as a freedom to be celebrated.

The other issue is that of the chilling effect, something that is only increased by the publicity given to unusual or exaggerated cases like that of John Richards.

A poster in your window could cause you serious trouble. Photograph: Getty Images
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Jeremy Corbyn sat down on train he claimed was full, Virgin says

The train company has pushed back against a viral video starring the Labour leader, in which he sat on the floor.

Seats were available on the train where Jeremy Corbyn was filmed sitting on the floor, Virgin Trains has said.

On 16 August, a freelance film-maker who has been following the Labour leader released a video which showed Corbyn talking about the problems of overcrowded trains.

“This is a problem that many passengers face every day, commuters and long-distance travellers. Today this train is completely ram-packed,” he said. Is it fair that I should upgrade my ticket whilst others who might not be able to afford such a luxury should have to sit on the floor? It’s their money I would be spending after all.”

Commentators quickly pointed out that he would not have been able to claim for a first-class upgrade, as expenses rules only permit standard-class travel. Also, campaign expenses cannot be claimed back from the taxpayer. 

Today, Virgin Trains released footage of the Labour leader walking past empty unreserved seats to film his video, which took half an hour, before walking back to take another unreserved seat.

"CCTV footage taken from the train on August 11 shows Mr Corbyn and his team walked past empty, unreserved seats in coach H before walking through the rest of the train to the far end, where his team sat on the floor and started filming.

"The same footage then shows Mr Corbyn returning to coach H and taking a seat there, with the help of the onboard crew, around 45 minutes into the journey and over two hours before the train reached Newcastle.

"Mr Corbyn’s team carried out their filming around 30 minutes into the journey. There were also additional empty seats on the train (the 11am departure from King’s Cross) which appear from CCTV to have been reserved but not taken, so they were also available for other passengers to sit on."

A Virgin spokesperson commented: “We have to take issue with the idea that Mr Corbyn wasn’t able to be seated on the service, as this clearly wasn’t the case.

A spokesman for the Corbyn campaign told BuzzFeed News that the footage was a “lie”, and that Corbyn had given up his seat for a woman to take his place, and that “other people” had also sat in the aisles.

Owen Smith, Corbyn's leadership rival, tried a joke:

But a passenger on the train supported Corbyn's version of events.

Both Virgin Trains and the Corbyn campaign have been contacted for further comment.

UPDATE 17:07

A spokesperson for the Jeremy for Labour campaign commented:

“When Jeremy boarded the train he was unable to find unreserved seats, so he sat with other passengers in the corridor who were also unable to find a seat. 

"Later in the journey, seats became available after a family were upgraded to first class, and Jeremy and the team he was travelling with were offered the seats by a very helpful member of staff.

"Passengers across Britain will have been in similar situations on overcrowded, expensive trains. That is why our policy to bring the trains back into public ownership, as part of a plan to rebuild and transform Britain, is so popular with passengers and rail workers.”

A few testimonies from passengers who had their photos taken with Corbyn on the floor can be found here