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We British had the Twitter Joke Trial.
R v Paul Chambers (appealed to the High Court as Chambers v Director of Public Prosecutions), popularly known as the Twitter Joke Trial, was a United Kingdom legal case centred on the conviction of a man under the Communications Act 2003 for posting a joke about destroying an airport to Twitter, a message which police regarded as “menacing”. The conviction was widely condemned as a miscarriage of justice, and was appealed three times, the conviction being quashed as a result of the third appeal.
I posted several times on Samizdata about the absurdity of prosecuting Paul Chambers for what anyone could tell was a joke:
If this is security theatre, it gets one star.
Nuke the entire court from orbit. It’s the only way to be sure.
Pretending to be scared
Twitter joke not menacing after all
A blackly funny coda to the whole miserable saga was posted by Michael Jennings here: Irony
It being easier for me to search out my own old posts, I may have missed some from other contributors. Apologies if so. The point is, it was plain from the very first day that the actual threat to life and limb from Mr Chambers was zero. Yet this had to go to the highest court in the land before someone put a stop to the farce.
By the way, according to a Guardian article in 2012 the Director of Public Prosecutions at the time did not merely allow this prosecution to go forward but insisted that it should.
The director of public prosecutions (DPP) stopped his staff dropping the case against Paul Chambers, author of the “Twitter joke” about blowing up Robin Hood airport in South Yorkshire, it has been claimed.
Crown Prosecution Service lawyers had been prepared to back away from one of the most controversial cases in years, telling Chambers that they no longer saw a public interest in opposing his appeal against conviction. Chambers had said he felt “immense relief” that the prosecution – which had seen him lose two jobs and gain a criminal record – appeared to be over and that the authorities seemed ready to restore his good name.
The CPS even sent Chambers and his solicitor, free-speech campaigner David Allen Green, papers stating that it now agreed that the case should end. However, at the last minute the DPP, former human rights lawyer Keir Starmer, overruled his subordinates, it is alleged.
After a blunder like that, I trust this Starmer fellow resigned from public life.
Perhaps Judge Jacqueline Davies and Sir Keir Starmer were kidnapped as larvae and raised to believe that this was what they had to do for the sake of the colony. Little else can explain their ant-like official determination not to think.
But wait! We have a challenger! Not to be outdone by the effete Brits, the United States of America now has its own long-running Twitter Joke Prosecution:
In dumb union case, a Twitter joke becomes a federal case.
That Washington Examiner story was from May 4th. As of yesterday, it is still a federal case:
Here’s The Latest On Federal Agencies’ Targeted Harassment Of The Federalist:
“No jokes allowed. Ever.” Apparently, this is the new Twitter rule, as The Federalist national news publication faces a joint administrative and judicial broadside at the National Labor Relations Board. What the publication is going through constitutes just one of the many costly, silly, and arguably unconstitutional quasi-judicial proceedings underway throughout the federal bureaucracy.
A recent case before the NLRB — in which the agency served as legislator, police, prosecutor, and judge — helps illustrate why not everything can, or should, be handled in-house at the executive branch. In June 2019, The Federalist publisher Ben Domenech tweeted, “FYI @FDRLST first one of you tries to unionize I swear I’ll send you back to the salt mine.”
His followers got the joke. His employees got the joke. But one Twitter user apparently did not get the joke, so he filed a complaint with the NLRB. The user does not even work for Domenech nor have any ties to The Federalist, but the NLRB didn’t mind. Political appointees for the NLRB investigated the claim and prosecuted Domenech for violating NLRB rules, all while presiding over the so-called hearing.
When The Federalist employees came to Domenech’s defense by testifying that they understood the tweet to be a joke and in no way felt threatened by Domenech, the administrative law judge rejected their testimony. He reasoned the testimony of the employees could not offer any value to the proceedings, and ultimately decided that Domenech violated NLRB rules.
(Hat tip: Mark Tapscott at Instapundit.)
If you find yourself moved to attend a public protest in the UK, but are not a member of a group that your local Plod choose to kneel in support of, might I suggest you protect yourself, because it is likely violent thugs may decide your protest is unwanted.
A good way to do this is by attending future protests with a good (but generic) motorbike helmet (which also means you are wearing a ‘face covering’, for Covid-19, you understand) and stout boots to protect your feet. Full biker leathers (also generic and unadorned) are optional but also have much to commend them, and these can be armoured and reinforced in all sorts of way.
On the 21st September, to my surprise, the New York Times carried this report by Nellie Bowles: “Some Protests Against Police Brutality Take a More Confrontational Approach”.
Both the writer of the headline and Ms Bowles herself in the article made some attempt to keep the dam plugged with the euphemistic reference to “a more confrontational approach”. But the facts themselves are reported honestly enough:
PORTLAND, Ore. — Terrance Moses was watching protesters against police brutality march down his quiet residential street one recent evening when some in the group of a few hundred suddenly stopped and started yelling.
Mr. Moses was initially not sure what the protesters were upset about, but as he got closer, he saw it: His neighbors had an American flag on display.
“It went from a peaceful march, calling out the names, to all of a sudden, bang, ‘How dare you fly the American flag?’” said Mr. Moses, who is Black and runs a nonprofit group in the Portland, Ore., area. “They said take it down. They wouldn’t leave. They said they’re going to come back and burn the house down.”
[…]
Nearly four months after the killing of George Floyd by the Minneapolis police, some protesters against police brutality are taking a more confrontational — and personal — approach. The marches in Portland are increasingly moving to residential and largely white neighborhoods, where demonstrators with bullhorns shout for people to come “out of your house and into the street” and demonstrate their support.
These more aggressive protests target ordinary people going about their lives, especially those who decline to demonstrate allegiance to the cause. That includes a diner in Washington who refused to raise her fist to show support for Black Lives Matter, or, in several cities, confused drivers who happened upon the protests.
[…]
The American flag that generated controversy is displayed in Kenton, a neighborhood of Portland with small bungalows, lush front gardens and ripe fruit trees. Weeks after the confrontation, the husband and wife who fly the flag said they were fearful of retaliation from the roving protesters, who had found their phone number.
But they say they will not be intimidated into removing the flag.
I think that couple are wise as well as brave. Submission did not help this man:
But around 9:30, the group [“an autonomously organized direct action march” listed on the Black Lives Matter Portland Events page] was in some organizational chaos. They had decided that the neighborhood close by was too racially diverse for them to protest in. They needed to go somewhere whiter.
So the protesters caravaned 20 minutes away to Alberta, a more affluent neighborhood that began being gentrified in the 1990s. They reassembled and marched through the streets.
Neighbors in impressive Craftsman-style homes pulled down their shades and turned off their lights, though many could be seen peering out of dark windows. One woman stepped out of an expansive home looking angry; upon seeing the crowd, she quickly retreated indoors. A few young couples stood in their doorways. A Black woman driving past honked and cheered.
One white man stepped onto his patio clapping and hollering in support of the passing march. The group called for him to join. He smiled and waved them on, still clapping. They began to chant that he was spineless. He looked worried. But the march moved along, and he went back into his house.
“You’ll never sleep tight, we do this every night,” the protesters chanted.
There are 992 comments. When I spoke of a dam breaking at the New York Times, I was referring as much to the comments as to the article itself. Here are the top seven “Reader Picks” from the NYT’s overwhelmingly liberal readership:
Juliana James
Portland, Oregon | Sept. 21
I have had enough of the arrogance, self righteousness and selfish attitude of these kind of do or die protesters, they’re bullies bullying good people. To say being nice does not work, neither does being a violent threatening bully. Grow up and use your civil voice as a citizen to work long term for change within organizations that do not advocate shaming or blaming marches such as yours. You are feeding FOX news and helping Trump win, admit that and you will actually have made some progress.
15 Replies 1247 Recommend
John Zotto
Ischia | Sept. 21
These same tactics were used in Germany during the 1930s and the communist in Russia after the revolution. You are never pure enough and any deviation from the party line means trouble.
6 Replies 937 Recommend
Isully
Bronx | Sept. 21
…and this is how Trump gets re-elected.
5 Replies 921 Recommend
Dave BX
Goshen NY | Sept. 21
I would have a hard time imagining a NY Times article bending over backwards as this article does to try to explain violent tactics and harassments if the subjects were right wing protesters. They would be excoriated and rightfully so.
These tactics are unjustifiable and cannot be tolerated and only serve to get more votes for Trump.
4 Replies 908 Recommend
C
NYC | Sept. 21
Threatening to come back and burn someone’s house down because they refuse to take an American flag down? And people wonder why people are buying firearms across the political spectrum?
2 Replies 881 Recommend
Jim
PA | Sept. 21
Force me to pick a side? Well heck that’s easy; I choose to oppose anyone who threatens me. So go ahead and threaten me, and watch me side with the people who don’t.
Lesson: Don’t make enemies of your allies.
1 Reply 838 Recommend
Balderdash
NW | Sept. 21
I subscribed to WSJ when reporting in this paper described the protests as peaceful despite what I could see with my own eyes. I sincerely recommend subscribing to both papers for some much needed perspective. I’m deeply confused by the phrase “mostly peaceful” when events routinely include projectiles and fireworks thrown at police.
20 Replies 585 Recommend
“TikTok and WeChat: US to ban app downloads in 48 hours”, reports the BBC.
All things considered, I do still want Trump to win the US election, but this sounds like a stupid measure. Banning things is almost always intrinsically stupid, as is running your politics by the threat of bans. It will also lose him votes from people who happen to like TikTok.
I suspect that like Sadiq Khan’s ban on Uber operating in London (the appeal against which will be heard on 28th September), Trump’s move is basically a shakedown. Note the delay before implementation in both cases. Either ban could be reversed at a moment’s notice for the right price. So far as I know Londoners can still use Uber now, and that will continue until the appeals process is exhausted, which could mean ten days or ten years. As for Tiktok in the US,
If a planned partnership between US tech firm Oracle and TikTok owner ByteDance is agreed and approved by President Trump, the app will not be banned.
That was a line from a Guardian op-ed written entirely by a robot. The machine was instructed to focus on why humans have nothing to fear from AI. I do not find this reassuring.
The biggest UK news overnight was this:
Birmingham stabbings: Manhunt as one killed and seven hurt.
That BBC report dates from last night when the man who had already randomly murdered Jacob Billington was still at large. It reads:
A knifeman who killed one man and wounded seven other people in a two-hour stabbing rampage across Birmingham city centre is being hunted by police.
The first stabbing was in Constitution Hill at 00:30 BST then the killer moved south, apparently attacking at random, officers said.
The stabbings did not appear terrorism related, gang related or connected to disorder, West Midlands Police said.
Murder inquiry detectives said they were hunting a single suspect.
The force urged anyone with CCTV or mobile footage to contact them.
One man died, another man and a woman suffered critical injuries and five other people were left with non-life-threatening injuries.
Ch Supt Steve Graham said the attacker went on to stab people in Livery Street, Irving Street and finally in Hurst Street, where the city’s Gay Village meets the Chinese Quarter, at about 02:20 BST.
Police said there was no evidence the stabbings were a hate crime.
I expect they were the non-hateful sort of stabbings. The BBC article continues,
Ch Supt Graham said officers – some armed – remained across the city centre to reassure people.
He added they had received a number of descriptions of the suspect but would not be releasing any details for the time being.
So while a man who had already killed one person and murderously attacked several other men and women was still on the streets looking for more victims, the police felt the need to issue a statement about his motives, about which they could not possibly know. They did not feel the need to tell the public what he looked like, which they did know, being in possession of multiple statements from the surviving victims and other witnesses, plus CCTV footage.
To be fair, anyone familiar with modern policing could deduce what the absence of a police description actually meant.
*
A related post from six years ago: Politically correct evasiveness fails on its own terms.
Lest anyone look at the previous post and think that it is only the Yank media that thrills to the sound of breaking glass, here is our very own Evening Standard giving over its pages to Gail Bradbrook, co-founder of Extinction Rebellion: “Roof spikes and the noble art of window smashing— protesting for Extinction Rebellion”.
She writes,
Just having left an impromptu roadblock on Millbank, I found myself yesterday suddenly among a swarm of cyclists pedalling friendly mischief around the city. There’s something about the spirit of this rebellion. When people join together in courage and love for life on earth, willing to take the punishment that will come, the system doesn’t know how to handle it. The Government itself declared a climate and ecological emergency last year, but little more than lip service has followed. On Tuesday, together with environmental organisations, academics, lawyers, and now more than 30 MPs from seven parties, we handed to Parliament on a plate a Bill fit to address the crisis. All they need to do is pass it — and all we need to do is tell them we want it.
Away with all that pettifoggery about persuading the public. That XR want it done should be enough to make it law.
Edit: Further demonstrating that persuasion is not their thing, Extinction Rebellion protesters block newspaper printing presses.
Darren Grimes said it well:
Extinction Rebellion hasn’t been ‘infiltrated’.
Black Lives matter hasn’t been ‘infiltrated’.
These movements were never about the environment or racial justice.
These movements were always about control.
They cannot win at the ballot box, so they have to use other means.
“It’s actually a Republican myth that has, over the last 20 years, really crawled into even leftist discourse: that the small-business owner must be respected, that the small-business owner creates jobs and is part of the community.”
That was said by Vicky Osterweil, author of In Defense of Looting. Ms Osterweil was given such a fawning interview by Natalie Escobar of the American state radio station npr (note the cool lowercase initials) that it became an embarrassment, and the record of it is now prefaced by the words:
This story was updated on Sept. 1, 2020. The original version of this story, which is an interview with an author who holds strong political views and ideas, did not provide readers enough context for them to fully assess some of the controversial opinions discussed.
“Western governments may have strong words for the Russian president, but we’ve been here before. Every time a Russian opposition figure is assassinated, from journalist Anna Politkovskaya to MI6 informer Alexander Litvinenko to politician Boris Nemtsov, there is a chorus of international outrage and demands for action to rein in Putin. Yet little is done, as world leaders don’t want to jeopardise their business dealings with Russia – or face more hostile acts by the Kremlin – and Putin emerges emboldened. A few months after the Salisbury attack, for instance, Russia hosted the World Cup, and opposition activist Petr Verzilov was poisoned after running onto the pitch during the final wearing a police uniform.”
– Sarah Hurst
I suppose you could say that Mr Putin has almost “normalised” the idea that when dealing with political opponents or any sort of perceived threat, the approach favoured is to kill them, lie about it, smirk a bit, and go back to undermining whatever particular nearby country or cause happens to be in play. And then hold a soccer tournament. Rinse, repeat.
If I have understood correctly, this video of the incident involving Adam Haner and Marquise Love, in connection with which Mr Love is being sought by Portland Police, was taken by a man called Drew Hernandez. Here is his twitter post directing viewers to the YouTube channel where the video is hosted.
This Daily Mail story includes a much shorter (1 minute 49 seconds) video of the same incident.
Obviously, both videos show scenes of violence.
I am a strong believer in the presumption of innocence, so I will say no more than “Watch for yourselves”.
Edit: “It’s a stain on the movement”: Portland Protest Organizers Condemn Truck Driver Assault, reports the Portland Mercury. However at the time of writing the Twitter account of the national (US) Black Lives Matter movement has said nothing about it.
There was never a moment`s discussion as to whether the atomic bomb should be used or not. To avert a vast, indefinite butchery, to bring the war to an end, to give peace to the world, to lay healing hands upon its tortured peoples by a manifestation of overwhelming power at the cost of a few explosions, seemed, after all our toils and perils, a miracle of deliverance.
– Winston Churchill, writing of the decision by the Allies to use atomic weapons on Japan. Victory over Japan day was seventy five years ago today.
“BRIXTON’S POLICE SURRENDERED THE STREETS TO BLACK-SHIRTED PARAMILITARIES”, writes Guido Fawkes.
The Black Lives Matter paramilitary-style march in Brixton has had a lot of coverage, including videos of protestors yelling at police and calling them “terrorists”. Only three arrests were made despite the widespread “threatening, abusive or insulting” behaviour being clear public order offences…
That tiny arrest number is even more surprising when taking into account photos of dozens of men wearing matching para-military outfits with face coverings and branded stab vests reading “FF Force” (Forever Family).
In 1936, a new public order act was introduced to counter the rise of Oswald Mosley’s fascist Black Shirts, banning political uniforms
Guido goes on to quote chapter and verse from the 1936 law, and asks, as many are asking, why it was not enforced.
I would like to step back a moment. “Forever Family” do come across as sinister. I think their resemblance to Mosley’s Fascists should be pointed out often and loudly. But wearing an anti-stab vest is not the same as stabbing someone. Who did they hurt by marching in columns? They looked threatening in a general way, but who specifically did they threaten? Let them march. Let them disfigure the London scene wearing whatever outfits they like. Let them discredit their cause and discredit the media’s whitewashing of it. I will go further and say that Mosley’s followers should have been allowed to march in uniform as well. Not to riot, not to beat people up, just to swank around in pretendy uniforms and look like the silly asses they were.
OK, that ship has sailed. This law has been on the books for more than eighty years. I am conscious that when I ask whether one should support the equal application of a bad law I am merely repeating the question Niall Kilmartin asked more eloquently in this post from last year, “The equal oppression of the laws”. Don’t blame me for copying him, blame him for asking a good question that is widely applicable.
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