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
Books
Comment
Digital
Distraction
5 min read

Reading is the perfect act of rebellion in our screen society

A fortunate meeting with the right text works an unfathomable, transformative magic.

Rachel is a reader and writer, a coach, and an educator. 

A young boy pores over a book tracing the lines with a finger.
Michael Parzuchowksi on Unsplash.

Every year out of the 22 years that I have been teaching, there has been at least one child, increasingly several, who lay down the gauntlet in September. They steady their feet and ball their fists before sizing up to inform me that they hate reading, they always will, no matter what I do, so there!  

I likely raise an eyebrow and one side of my mouth; I don’t rub my hands together but the flame inside me leaps as I accept this familiar challenge. I’ve faced it so many times before and have almost always emerged the victor come July.  

The secret is knowing great books, knowing the individual reader and knowing how to make that perfect match.  

To read or not to read? That is the perplexing and troublesome question bothering many a teacher and (in my opinion) not enough parents in the present day. Need convincing? Though numerous research studies have evidenced significant benefits to cognitive function, brain health, physical longevity, mental health, stress relief, empathy, intelligence and sleep patterns, the National Literacy Trust's 2024 survey of over 76,000 children found that reading for pleasure saw an 8.8 per cent drop in just one year from 43.4 per cent to a worryingly low 34.6 per cent. This represents the lowest percentage since records began in 2005. Furthermore, trends are much the same throughout the adult population. It’s perhaps not hard to work out why picking up a book has declined in popularity. In our high-speed world of fleeting concentration, where bright, moving images flicker and fade, the monochrome, demanding, inanimate pages of a book can seem dull by comparison.  

But a little effort can be hugely rewarding. Indeed, imaginatively creating, rather than consuming digital images, is the perfect act of rebellion in an utterly conformist, screen-based society. It is counter-cultural and subversive to sit awhile and demand that you bring your undivided attention to an effortful activity. To switch off devices and work your way into the unexplored possibilities of your own mind through the pages of a good book.   

Teaching this to children has been my mission through 22 years of teaching English. I consider myself one of the stalwart guardians of the flame. The responsibility weighs heavy, urgent, and terrifying as resistance increases year on year. I obsess over it, feeling rationally afraid that if I stop breathing onto those embers for even one moment, the opportunity for revival will be lost…forever.  

So, what of these books? What are we guarding? What is this paper-based treasure? 

Imagine, for a moment, the sensational day when some tech billionaire creates a functioning portal or time machine, facilitating transportation back to the Tudors or the Trenches at the touch of a button.  

Consider the mindless jostling to board a new rocket destined for a dystopian future not too distant or dissimilar from the present. Picture the frantic rush to buy personal transportation devices to enable visits to the rainforests of Guatemala, the Arctic glaciers or tropical island shores at a moment’s notice.  

Imagine the insatiable sales of holograms masquerading as friends next to whom we could sink into an armchair creating free access to the minds of the rich and famous.  

There would be jostling, posturing and frantic networking to get in on the action. That billionaire could set his price. Millions would be hastily spent to gain access. 

But when that experience can be easily bought for somewhere in the region of £7.99 and comes in a 20x13cm rectangular paper format with monochrome printed pages, the levels of sensation and desirability dramatically drop through the floor.  

In a world of fakery, a written encounter with truth transforms. Where empathy and compassion are eroded, accessing the imagination redeposits. 

We fail to see that our books are indeed those time machines, transportation devices and conversations with wise giants. We were gifted such possibilities at the time of the printing press. A well-chosen book should never leave you the same at its last word as you were when encountering the first. Between those two covers was a moment in time when you were profoundly and fundamentally changed for eternity. You acquired new knowledge, encountered new people and places, travelled through time, experienced ranging emotions and developed thoughts and ideas in conversation with the greats. Something within you was transformed for good or for ill with your choice of book. If nothing happened, you need help choosing. 

Content matters also. We should feed our minds as carefully as we should feed our bodies.  

In a world of fakery, a written encounter with truth transforms. Where empathy and compassion are eroded, accessing the imagination redeposits. Where loneliness and depression devour, explorations of good character and relationship will nourish. Where fame and power corrupt, examples of service and humility will heal.  

Good books will always nourish the soul. 

Whatever is true, noble, right, pure, lovely, admirable, excellent or praiseworthy – we should think on such things. This is why running our eyes over good words and filling our ears with exemplary voices is essential.  

It is nothing short of a miracle that I can consult the wisdom of C.S. Lewis, the brave imagination of Katherine Rundell, the compassion of Maya Angelou and the teaching of Tom Wright in the silent space surrounding my armchair. I can equally learn from those who knew Frederick Douglass and those who knew Jesus not as figures in history but as a friend and teacher, a person of flesh and bone, in their literal time and space. They saw his face, they heard his voice, they felt the warmth of his hands on their skin, and I can know about it from their contemporary writings. I can consult equally with the writer of those ancient songs of wisdom that are the Psalms and the writer to the citizens of Philippi and know that between the words on those pages lies a moment when I am profoundly and fundamentally changed for all eternity.   

Wise words are powerful, and they endure. They outlive a lifetime. They are miraculous and accessible. The world needs them. 

So, to read or not read? The question is significant. It defines humanity. We guardians know that those last glowing embers must never be allowed to die. To read is a gift. It is noble work. It is a powerful and necessary act of rebellion in a world so out of touch with the Word. 

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