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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Article
Change
Community
Justice
Sustainability
5 min read

Everything is a movement – and that’s as it should be

They’re powerful when they are marked by love, dignity and justice.

Juila is a writer and social justice advocate. 

A digital billboard on top of a London building reads: Make Earth Day Everyday.
An Earth Day billboard, London, 2025.
Le Good Society.

I keep accidentally joining movements. In one instance, I had a go at submitting an essay for a competition; when it was (happily) selected to be part of the published book, the blurb told me that I was part of a movement of people embracing messy motherhood stories. At the same time, I am not parenting – and this apparently pulls me into a ‘sisterhood’ of women without children. These could seem contradictory, but I recognise that they are calls to togetherness. And yet, as I go about my life – trying to pay my bills, navigate community, play my part as a citizen of this world that is partly marked by climate crisis and conflict – I have to confess that my gut reaction at being called part of them is to feel tired. I don’t know if I have the energy for another movement in me.  

Movements seem to be having a moment. Open the news or social media, and there will be stories of communities of people speaking up together. And yet movements are not new. History reminds us that they have long been one of the best ways to counteract unchecked or disproportionate power. The anti-slavery campaigners of the eighteenth and nineteenth centuries, the US civil rights movement, the influence of anti-apartheid and land rights activists… when we participate in a movement for justice, this is the heritage we are locating ourselves in.  

What makes a movement? It’s a group of ordinary individuals, and it’s so much more than that. It’s marked by people trying to live the change they seek, but it doesn’t end there. There is something about a movement that is emergent, more than the sum of its parts. Groups of people taking collective action to see change happen. Crucially, the movements that bend the arc of justice are those that are centred on the voices and priorities of those most affected by their cause. In this, they reflect God’s heart; an invitation to us all to participate, with a particular emphasis for those on the margins.  

The other week saw Earth Day, an annual event which celebrates the environmental movement. While for some, it can be co-opted to suggest green credentials that don’t bear out the rest of the year, but for many it is an entry point, a chance to meaningfully participate. What began in the US on 22 April 1970 is now marked by around one billion people – one in eight of us – around the world. It’s a particular moment to highlight action for this world that we share. This world with boundaries that are being tested and breached. Just a week earlier, communities in India and Pakistan were experiencing heat that tested the limits of human survival. Our bodies were not made for this kind of weather.  

The theme of this year’s Earth Day was ‘Our power, our planet’, with a particular emphasis on scaling up renewable energy. But I have found myself thinking about other kinds of power: the influence of people when they come together. Do we greet moments like this with cynicism, self-interested opportunism, or genuine expectation for change? In the face of horrifying headlines and lived injustice, what motivates people to keep going again for change? There are many likely reasons, often personal. To understand a few of the common ones, we need to go back to the beginning.  

“Much of my life goes irrelevantly on, in spite of larger events.” 

Nora Ephron 

In the opening passages of the Bible, the world was called ‘good',and the rest of the story is one of restoration; what has been broken being made whole and new. This articulates for us what we often intuit: the world was made to be better than this. Where cynicism offers a casual invitation to give up on change, when we look at our daily lives, we see the myriad ways that we demonstrate a quiet hope for tomorrow. Sowing seeds in spring is an act of faith that the summer will bloom. 

This conviction might manifest differently for each of us. For some of us, it means carrying a persistent hope in spite of the hurt we see and feel. For others, it might feel grittier. Like the irritation of a grain of sand in your shoe; you can’t walk on until you do something about it. Either way, it is a longing for something that is brighter and fairer and kinder than what we have right now. Something more resonant with the deep cries of our souls.   

Underlying these instincts is our God-given purpose. He made humans to draw even more goodness out of that which was baked into this world from the beginning. We were shaped to partner with God to see order brought out of chaos, freedom from captivity, a seed of renewal out of the grave. Allowing this to take root in our hearts can save us from a sense of nihilism, that nothing matters. 

Like many women of my generation, I am a fan of Nora Ephron’s writing. She famously wrote about taking part in movements and yet “Much of my life goes irrelevantly on, in spite of larger events.” There is welcome honesty in acknowledging how privilege can insulate against the impacts of injustice. But there is also a provocation in these words. When we respond to God’s invitation to participate in his restoration work, we find our relevancy in the work we were always made for. In other words, our choices can be meaningful.  

I may have stumbled into some movements, but I can see that these are invitations to move closer to each other. Acting for justice can require sacrifice of lifestyle, time, comfort. But outworking this together can also bring growth, empathy, joy. When we are weary, there is life to be found with others. God is inherently relational: three persons – Father, Son and Holy Spirit – co-existing as one. In this relationship is unity, service of each other, appreciation of each other’s gifts. With God’s likeness in each of us, we too made for this kind of community. Our movements are powerful when they are marked by such love, dignity and justice. Glimpsing this induces us to look beyond ourselves, to step towards people and circumstances. Being part of a movement is to choose to be in closer proximity with each other and the world we dwell in together.  

I remind myself that in such community, there is room to acknowledge weariness. At the same time, there is also an encouragement to move beyond disenchantment about days like Earth Day, about gloomy headlines, about discouragement or setbacks. It can be tempting to let our lives go irrelevantly on, but being part of a movement reminds us that we don’t have to settle for that.  

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