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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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Article
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Community
Politics
8 min read

Looking upon Labour’s "loveless landslide"

What watching a night that changed the country tells us about its mood.
A poltiical pudit opines in a TV studio while his colleague leans in and listens.
The Two Ronnies.

I very much like Mr. Vine, but he is like a Gremlin: you must follow the rules and not give him caffeine or sugar on Election Night. 

What on earth has happened to Aunty!? One of the few things that has united people from the left and right (at least according to my social media) is just how mediocre the election coverage was. The evening started badly for the Beeb when they let Channel 4 distract viewers a full 15mins early. This was to allow Not Going Out to complete its important work of informing and educating the populace. 

As a result, I found myself glued to Channel 4 for most of the night, intermittently flicking back to the National Broadcaster for bouts of genuine bewilderment. In a Channel 4 lull I made the jump only to have every sense immediately assaulted by migraine inducing swingometer graphics (it was synaesthesia inducing…I could practically taste the rapid mix of red, yellow, and blue). This neurological bombardment intensified with the commentary of Jeremy Vine. I very much like Mr. Vine, but he is like a Gremlin: you must follow the rules and not give him caffeine or sugar on Election Night. His high-octane performance drove me to the limit immediately. 

Regular further jumps gave me glimpses into the bizarre: a journalist standing outside of Rishi Sunak’s blacked-out home telling us the lights weren’t on, telling Steve Baker to his face that he was going to lose his seat, having an interview with Jacob Rees-Mogg where he looked like a hostage reading out demands…it really was dreadful! 

Stewart was reinforced by Channel 4 Political Editor Gary Gibbon. With a soft yet authoritative voice, and the appearance of a cheeky Beano character fifty years on. 

I stuck to Channel 4 as my safe space. They very much cornered the market for coverage by bagging both The Rest is Politics and the Gogglebox cast, as well as producing regularly mismatched line-ups of former MPs to pass comment. I must assume this was intentional, but even if not, it meant comedy gold. The scene opened with Emily Maitlis and Krishnan Guru-Murthy talking over each other in a stumbling staccato, while Kwasi Kwartang looked unbelievably uncomfortable sandwiched in between Harriet Harmen and Nadine Dorries (in various shades of pink).  

There were many other talking heads throughout the night, who each brought some magic to the night: Nadim Zahawi (looking like a cross between a wise owl and a Bond villain), Carol Vorderman (who might have started celebrating rather early), Sir Alan Duncan (looking like a wine merchant holidaying on the Amalfi Coast). Mhari Black brought a rather refreshing bluntness to proceedings. 

The standout stars, however, were Mr. Stewart and Mr. Campbell. They brought the Centrist-Dads-disagreeing-agreeably energy that has seen their podcast top the charts. They played off each other with precision and genuine affection, and a fair bit of humour. Campbell would get into a mild row, and then Stewart would jump in with careful analysis that tried to look at the broader political landscape. Dorries proved the perfect foil to Campbell - speaking in accusatory non-sequiturs, rhapsodically musing on the ‘virtues’ of Boris Johnson, weaving nonsense narratives that wouldn’t even make it into one of her novels. Campbell would retort in a tone that was at once bewildered, bored, and bristling. Stewart would valiantly intervene to find the calmer waters of consensus, and the whole cycle would repeat. Kwarteng looked increasingly uncomfortable until he just upped and vanished - perhaps from the embarrassment of being in the same party as Dorries. 

In his attempt to be serious and measured, Stewart was reinforced by Channel 4 Political Editor Gary Gibbon. With a soft yet authoritative voice, and the appearance of a cheeky Beano character fifty years on, he gave the careful analysis of the polls and the turnout, which Stewart would then run with in broader political perorations. The two hosts would often chip-in (quite chippily, actually), rarely able to sublimate their obvious and banterous contempt for some of the more egregious spin. 

Meanwhile, Harriet Harmon looked cross.

A sense of angry Labour malaise was one of the leitmotifs of the night...  there was a noticeable lack of celebration. No smiles. No D:Ream soundtrack. No positivity

This struck me as odd. Just before the show it had been announced that she was to be elevated to the Lords. This honour appeared to give her no joy. Harmen brought every answer back to how dreadful the Tories were, until Kwarteng tried to make a joke out of it to cut the tension: ‘You won, alright!?’ Every successful Labour candidate who was interviewed focused their responses on excoriating the legacy of the Tories, as if they were still in campaign mode. At times it got rather uncomfortable. Every time Rachel Reeves let a grin slip through, she seemed to feel the need to overcorrect by attacking her fallen foes even more harshly. On one of my disastrous forays back to the BBC I was greeted with Wes Streeting being positively thuggish in his language. It wasn’t until Sir Keir gave his victory speech that any Labour figures seemed to feel like they could actually appreciate their victory. 

A sense of angry Labour malaise was one of the leitmotifs of the night. From the moment the Labour Landslide was announced there was a noticeable lack of celebration. No smiles. No D:Ream soundtrack. No positivity. Perhaps it was because they all recognised the truth, succinctly put by Gibbon when giving his immediate reflections on the Exit Poll Result: ‘That looks like love…but that is a loveless landslide.’ Voter turnout was low. The Labour Party went backwards in its vote in many areas - sometimes due to Reform, sometimes due to Gaza protests. This was epitomised by Jess Phillip’s wafer-thin majority. The always pugilistic Phillips had to give both barrels in her speech to those who had campaigned against her, who continued to attempt to drown her out.  

The Labour Party’s massive majority seems to be built on sand, and Zahawi was quick to point out that sand can easily shift. Labour are the beneficiaries of our winner-takes-all electoral system (a system I very much support), and so were continually reminded of the fact that Starmer is no Blair and ’24 is no ’97. The landslide will give some cheer to those who desperately wanted to see the back of the Tories. But it belies the reality that with both the Greens and Reform having four MPs, a number of Labour MPs being defeated by Independents, and decreased majorities in safe-seats up and down the country, we are not a nation united around the charisma of our new Dear Leader. 

Stewart and Campbell continually try to draw the conversation away from the tittle-tattle of what this might mean for Labour infighting and the Farage fulminations we can now expect to see in Parliament, to the broader and deeper questions for the very health of our democracy…but the pull of gossip is sometimes too great for Maitlis and Guru-Murthy. 

None of this is helped by Dorries. 

A big victory, but one which indicates no national unity or confidence. A defeated government that was tearing itself apart long before the loss. Low turnout and lower trust.

From the get-go Maitlis and Guru-Murthy tried to inject intrigue into proceedings; a tough ask when the result was the confirmation of what looked like a foregone conclusion from the moment the election was called. They did their best, and got some sparks from Dorries and Campbell - a Stannis Baratheon-esque grammatical correction (‘fewer’) had me roaring with laughter - but all-in-all I was uneasy. Not quite bored, but not entirely excited and hopeful. Around 3am I fell asleep in my seat. I was awoken at 6am to my children bursting into the living room. I valiantly attempted to continue to watch the coverage while feeding banana-porridge to my son, head tilted in the strain of hearing the telly over the roar of the world’s loudest washing machine. I turned back to my son, admitting auricular defeat. There is no porridge in his belly; plenty all over his face and in his hair.  

At 7am I was banished to the bedroom by my exasperated and long-suffering wife - it has become clear that I am not giving my all to childcare. I saw the gracelessness of Liz Truss arriving late and then refusing to give a concession speech. I saw Stewart play the silent Scottish assassin, gently pressing Stephen Flynn to admit that perhaps the SNP’s losses have something to do with their mismanagement with the Caledonian public realm. Rishi Sunak suggested the election was about tax, and everyone groaned in disbelief - he really doesn’t have any political instincts. 

I never recaptured the magic of the first couple of hours, probably because there wasn’t any. From 10pm onwards there was an underlying sense of disappointment and despair. A big victory, but one which indicates no national unity or confidence. A defeated government that was tearing itself apart long before the loss. Low turnout and lower trust. I am not surprised by this. “O put not your trust in princes, nor in any child of man: for there is no help in them.” This is the warning of the Psalmist. I have already written, a number of times, about my own disgruntlement at the political process, and my doubt that it will be easily remedied.  

But watching the coverage - the baffling BBC, the political Two Ronnies that are Stewart and Campbell, the remarkable hat worn by the returning officer in Blyth - I was fortified by remembering that while the Psalmist is correct, St Paul nevertheless gave us clear advice and instruction: “I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks, be made for all men; for kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty.” 

I shall pray for Sir Keir, for the new government, for all newly elected MPs.  

They need it. 

More importantly, we need it.