Banning the anti-gay bus advert is wrong. Free speech trumps offensiveness

In a free society there is no right to not be offended, and the right to free speech extends to those with whom we disagree, too.

 

The High Court violated an important principle of free of expression when it ruled today that Transport for London was justified in banning "ex-gay’ adverts on London buses.

The decision has been welcome by the gay lobby group Stonewall, but not by me.

I agree that the bus adverts - promoted and defended by fringe Christian groups - were homophobic and offensive. They insinuated that gay people can be cured of their homosexuality. This is untrue and misleading. However, the language of the adverts was not abusive, menacing or threatening.  

On balance, on the grounds of free speech, the adverts should not have been banned. 

In her ruling, the judge, Justice Lang, seemed to accept the suggestion that the wording risked increasing public prejudice and hate crime. This is doubtful. 

The banned adverts on London buses read: "Not Gay! Ex-Gay, Post-Gay and Proud. Get over it!"

The advert wording was not intemperate or inflammatory. It was wrong but polite. It was not stated in terms that would easily excite hostility towards lesbian, gay, bisexual and transgender (LGBT) people.

The organisation that placed the adverts, Core Issues Trust, promotes the false idea that gay people can turn straight.

However, the adverts did not directly make this claim.

I disagree with the gay conversion therapies of the Core Issues Trust. I think they cause harm. They delude vulnerable LGBT people and give them false hope that they can change their sexual orientation. The ex-gay prospectus is false.

I have recently challenged the ideas and methodology of the Core Issues Trust, and will continue to do so - using reason, logic and empirical evidence to refute their claims.

Core Issues Trust is hypocritical. It would never demand or defend a similar message directed at the black, Jewish or disabled communities, urging them to disavow their identity and heritage. Such a message would rightly provoke public outrage. So why are the Core Issues Trust and their Christian fundamentalist supporters - like Christian Concern and the Christian Legal Centre - pushing this message to the LGBT community? It looks two-faced.

Justice Lang made her decision to uphold the advert ban on the grounds that they were gravely offensive to gay people. She is right. They are offensive but being offensive is not a legitimate basis for banning anything.

In a free society there is no right to not be offended. Almost anything that anyone says can potentially be deemed offensive by someone. The law should not cater to the sensitivities of any section of the public. If it did, many adverts, plays, books and films would be banned.

Given that Transport for London allowed Stonewall’s advert - "Some people are gay. Get over it!" - it seems double standards to ban the counter message of the Core Issues Trust.

Banning these adverts reminds me of the bad old days when gay advertisements were banned on the grounds that they were offensive. For decades, LGBT helplines, youth groups and campaign organisations faced bans on advertising their services.

It is not right for the LGBT community to turn around and adopt the oppressive, anti-free speech tactics of our past oppressors.

>Free speech is one of the most important of all human rights. It should only be limited in extreme circumstances, such as when people abuse it to incite violence or harass and intimidate others.

Free speech is for everyone - even those with whom we disagree.

Peter Tatchell is the director of the Peter Tatchell Foundation

London buses passing through Trafalgar Square. Photograph: Getty Images

Peter Tatchell is Director of the Peter Tatchell Foundation, which campaigns for human rights the UK and worldwide: www.PeterTatchellFoundation.org His personal biography can be viewed here: www.petertatchell.net/biography.htm

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The problem with grammar schools – and the answer to Labour's troubles

This week's news, from Erdogan the despot, to memories of Disraeli, and coffee and class.

Whom should we be cheering in Turkey? Coups are by their nature ­anti-democratic, whatever the rhetoric of their instigators, but Recep Tayyip Erdogan, the Islamist president, is about as much of a democrat as Vladimir Putin. Once he regained power, he dismissed several thousand judges, putting some under arrest. A large number of journalists were already in prison.

As recently as 1990, nearly half of Turkey’s employed population worked on the land and, even now, the proportion is more than a quarter. Erdogan has ruthlessly exploited the pious, socially conservative instincts of his people, who are rarely more than a generation away from the peasantry (and therefore politically “backward” in the Marxian sense), to win elections and push through economic liberalisation and privatisation. His foreign affairs ministry claims that the aim is to confine the state’s role to health, basic education, social security and defence. That is good enough for most Western governments. Provided he also co-operates in limiting the flow of Middle Eastern migrants into Europe, Erdogan can be as Islamist and authoritarian as he likes.

 

Quick fix for Labour

I have an answer to Labour’s problems. Its MPs should elect their own leader while Jeremy Corbyn continues as party leader. The former, recognised by the Speaker as the leader of the parliamentary opposition, would get the usual state aid for opposition parties. Corbyn would control Labour Party funds and assets.

He and his hardcore supporters should welcome this arrangement. Their aim, they say, is to build a new social movement. Relinquishing the burden of parliamentary leadership would leave them free to get on with this project, whatever it means. Corbyn could go back to what he enjoys most: voting against the Labour front bench. He would no longer have to dress up, bow to the Queen or sing the national anthem. This, I grant you, would not be a satisfactory solution for the long term. But the long term is more or less extinct in British politics. If Labour had peace for a few months, it might be enough. The situation would be resolved either by Corbyn falling under a bus (preferably not one driven by a Labour MP) or the Tory government collapsing in the face of a mass people’s uprising demanding Corbyn’s installation as supreme ruler. Don’t tell me that neither is likely to happen.

 

Divide and rule

The choice of Birmingham as the location to launch Theresa May’s leadership campaign, combined with proposals such as worker representation on company boards, has drawn comparisons between the new Prime Minister and Joseph Chamberlain.

Chamberlain, who as mayor of Birmingham in the mid-1870s tore down slums, brought gas and water supplies under public control and opened libraries, swimming pools and schools, was a screw manufacturer. There was an Edwardian joke – or, if there wasn’t, there ought to have been – that he screwed both major parties. He became a Liberal cabinet minister who split the party over Irish home rule, putting it out of power for most of the next 20 years. He and his followers then allied themselves with the Tories, known at the time as the Unionists. He duly split the Unionists over tariff reform, excluding them from office for a decade after the Liberals won the 1906 election.

Chamberlain was a populist who brilliantly combined patriotic imperialism with domestic radicalism, proposing smallholdings of “three acres and a cow” for every worker. One can see the appeal to some Brexiteers but he was also divisive and volatile, making him an odd role model for a supposedly unifying leader.

 

Mind your grammar

Justine Greening, the new Education Secretary, is the first to be wholly educated at a mainstream state secondary comprehensive. Pro-comprehensive groups were almost lyrical in praise of her appointment. Yet, unlike her predecessor-but-one, Michael Gove, she declines to rule out the ­return of grammar schools.

To understand how iniquitous grammar schools were, you need to have attended one, as I did. Primary-school friendships were ruptured, usually along lines of social class. The grammars were rigidly stratified. I was in the A stream and do not recall any classmates from semi-skilled or unskilled working-class homes. They were in the C stream and left school as early as possible with a few O-levels. No minister who wants a “one-nation Britain” should contemplate bringing back grammar schools.

 

Living history

Simon Heffer’s recent account in the NS of how his father fought in the Battle of the Somme led one letter writer to ask if anyone alive today could have a grandparent born in the 18th century. Another NS reader replied with an example: John Tyler, a US president of the 1840s, born in Virginia in 1790, had two grandsons who are still alive. Here is another possibility. “As Disraeli said to my husband . . .” If you hear a 94-year-old say that, don’t dismiss her as demented. Disraeli died in 1881. A 71-year-old who married a 24-year-old in 1946 (not impossible; the actors Cary Grant and Anthony Quinn both married women 47 years younger) could have spoken to Disraeli as a boy.

The past is not as far away as we think, though many politicians and journalists behave as though anything before 1980 happened on another planet.

 

Milk money

The class system is alive and well in parts of England. On a family weekend walk, we came across a small village with two adjacent pubs – one clearly for the toffs, the other more plebeian. This was most evident when ordering coffee. The downmarket pub told us that it served only UHT milk with its hot drinks. The other was ostentatiously horrified at the suggestion that it might serve any such thing. 

Peter Wilby was editor of the Independent on Sunday from 1995 to 1996 and of the New Statesman from 1998 to 2005. He writes the weekly First Thoughts column for the NS.

This article first appeared in the 21 July 2016 issue of the New Statesman, The English Revolt