Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

George is a visiting fellow at the London School of Economics and an Anglican priest.

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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America
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6 min read

Charlie Kirk: the problem is not murder but anger

How to confront the rage in politics, in media, and in ourselves

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

An aerial view of a gazebo at the site of the Charlie Kirk shooting
The site of the shooting.
KSL News Utah, CC BY 4.0, via Wikimedia Commons

The killing of Charlie Kirk has shaken most of us – including me. Over the past year or so, his pop-up debates on US university campuses kept appearing on my different social media channels, and they were fascinating. Here was a young, articulate conservative, venturing into college campuses – generally left-leaning, progressive places - opening up conversation, debate and challenge. He was opinionated, provocative, unafraid to voice unpopular opinions, generated hostility, but seldom seemed to show it himself. No question was off limits, he seemed to respect those who attacked him, and he made no secret of his Christian faith.  

I agreed with some of what he said but by no means all of it – that’s the point of public debate. His views on gun control, Israel, and Donald Trump just for starters, would be some way from mine. But inviting debate on controversial issues, seeking to change other people’s minds by discussion and reasonable argument is the very heart of a well-functioning democracy. There are precious few spaces where progressives & conservatives talk – and Charlie Kirk’s campus debates were one of them. It’s tragic that they cost him his life.  

In our times, such heinous acts are not usually committed by some secret, politically-motivated cabal, but often by an unhinged or deluded self-radicalised loner, influenced by fringe groups in politics or culture. In the UK, Axel Rudakubana, who killed three young girls in Southport, turned out not to be a terrorist after all (“he did not kill to further a political, religious or ideological cause” said the judge on sentencing) but a disturbed and lonely young man who killed for no apparent reason other than mental instability. The same was true for Ali Harbi Ali who stabbed the Conservative MP David Amess, Sirhan Sirhan who shot Robert F Kennedy, James L. Ray who murdered Martin Luther King, even (despite all the conspiracy theories) Lee Harvey Oswald who killed John F. Kennedy. All of them fit this category of lonely, unbalanced people who kill because of some grievance, sometimes loosely politically motivated, but usually acting alone. Conspiracy theories are alluring, but usually unfounded.  

It's tempting when something like this happens to draw all kinds of wider political and cultural lessons. And there have been no shortage of them over these past days. “Because they could not prove him wrong, they murdered him” went one trope. The problem with that is that ‘they’ did not kill him. One young man - now in custody - did. To imply that every left-leaning person in the USA or elsewhere is somehow responsible for Kirk’s death ironically colludes with the darker motivations of this act. 

It's Jesus who explains why. “You have heard that it was said to the people long ago, 'Do not murder, and anyone who murders will be subject to judgment.' But I tell you that anyone who is angry with his brother will be subject to judgment. Anyone who says, 'You fool!' will be in danger of the fire of hell.”  

Sounds harsh. We all think murder is wrong, but losing your temper with a work colleague? Calling your neighbour an idiot because of who they vote for?  

The saying points to the root of murder as rage. And boy, is there rage around today.  

There are different kinds of anger. There is the red-hot furious kind where your blood boils and your temperature rises. Yet that kind of anger can settle into different mood - a hardened, determined malice, a fixed hatred of the person who provoked your anger in the first place and a determination to get your revenge, or to silence them once and for all. What both kinds have in common is the red mist that descends and remains, leaving an inability to see past the enmity, a refusal to see the humanity in the other person - the fact that they are, at the end of the day, a ‘brother’ as Jesus put it - a blindness to the essential commonality between you and the person you hate.  

Anger is a dangerous thing for us humans. It deceives us into thinking that because we think we are in the right it gives us license to do despicable things.

Killings like this have always occurred, from Julius Caesar, to Abraham Lincoln, to Archduke Franz Ferdinand, to Yitzhak Rabin. And they always will. No political solution will ever erase the possibility of a mentally disturbed or angry person taking it into their own hands to murder another human being, particularly one with political prominence.  

Yet we can do something. When we build algorithms that encourage the strongest and most extreme views, a media culture that highlights argument and division, refuse to see the common humanity in people we disagree with, when we demonise the opposition and blame them for all the ills of society that we see, we sow the seeds that enable this kind of tragic event to happen.  

Another deceptively simple piece of New Testament wisdom runs: “Do not let the sun go down while you are still angry, and do not give the devil a foothold.”  

It is good advice. Yes, we will get angry from time to time. But don’t let it take root. Sometimes a certain righteous anger can be a good thing – but it’s rare. Anger is a dangerous thing for us humans. It deceives us into thinking that because we think we are in the right (and we may well be) it gives us license to do despicable things. The heart of Christian wisdom on anger is that it is God’s prerogative to exercise wrath. Our anger, however initially righteous, tends to harden into something more sinister. God alone can sustain righteous anger that will truly bring justice. 

The right response to the murder of Charlie Kirk, the response that reflects the Christian faith that was so important to him, is not to blame it on an entire group of people, to tar them with the brush of the deluded young man who committed this terrible deed, but to see again the essential humanity that we share with our enemies. It is to actively cultivate a culture that encourages restraint rather than rage. It is to learn to be ruthless with our own tendency to hold grudges, our own deep-seated hostility to those whose views we find repulsive. It is to learn to hate racism, but to love the racist, to hate crime, but to love the criminal.  

To respond wisely is to recognise that even my enemy - whether progressive or conservative - is a human being created and loved by God, a fellow sinner like me, and to look for the things we have in common, more than our differences. When Jesus taught us to love our enemies, he may have asked us to do something supremely difficult, but it is the only thing that can overcome the kind of malice that led to the tragic death of Charlie Kirk. 

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