A burning issue

The US and UK approaches to free expression

When Pastor Terry Jones threatened to burn the Koran, the response of the US government was rather significant.

Pastor Jones was condemned in strident terms by, amongst others, the President and Secretary of State. He was even telephoned by the Defense Secretary. There was little doubt that Pastor Jones's misconceived and offensive gesture could have possibly placed US personnel at risk.

In the end, and perhaps because of this intense moral pressure, the gesture was cancelled.

But there was something which the United States government did not do.

Even though it was plausible to contend that Pastor Jones was creating a clear danger to others, he was not arrested. It was the persuasive and not the coercive power of the US government which was deployed to stop the gesture happening.

What would happen in the United Kingdom?

Would we similarly seek to achieve a desirable end through normative means, without resorting to the use of police and their powers of arrest and detention?

Of course not.

Instead, according to press reports, we would casually arrest a fifteen year old girl.


David Allen Green is legal correspondent of the New Statesman and was shortlisted for the George Orwell prize for blogging in 2010.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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​The US and the EU are shaky allies in Theresa May’s stand-off with Russia

Both Donald Trump and Jean-Claude Juncker undermined the PM by congratulating President Putin on his re-election.

With friends like these, who needs Vladimir Putin? Jean-Claude Juncker and Donald Trump have both undermined Theresa May's attempt at a united front against the Kremlin, as both men congratulated the president on his successful re-election.

The Washington Post has the remarkable details of the Trump-Putin phone call, in which the American President ignored a note saying “DO NOT CONGRATULATE” and neglected a briefing note instructing him to condemn the nerve agent attack on the Skripals. You can read the full letter from Juncker to Putin here. In both cases, what's in the message is fairly ordinary: the offence is one of omission.

How much does it matter as far May's stand-off with the Russian government goes? The difference is that Trump's position matters because he has hard power: it is a result of his Russia position that American sanctions and rhetoric about the attack on the Skripals is not tougher. Juncker's position matters because – while he has been condemned by Donald Tusk, Guy Verhofstadt and large numbers of MEPs – he is representative of a significant strain of public opinion across Europe.

We were given a measure of the size of that caucus in Germany, with polls showing that in excess of 80 per cent of Germans have an unfavourable opinion of Donald Trump, but just over half say the same of Vladimir Putin. In the United Kingdom, one of the EU's more hawkish nations outside the Russian-EU frontier, voters, also have a more unfavourable opinion of Trump (80 per cent) than of Putin (74 per cent). 

Bluntly, the problem May has is that the present incumbent of the White House is a shaky ally and most European politicians, including herself, have electorates who are potentially flaky too. Should Sergey Lavrov's threat that further sanctions will invite further reprisals be made good on, it's not a good starting point for the prime minister.

Stephen Bush is special correspondent at the New Statesman and the PSA's Journalist of the Year. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.