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
Comment
Community
Nationalism
5 min read

One flag two nations: the view from Leicester

Raising the national flag won’t secure the future for our grandchildren
A suburban English street with St George's Cross flags on lamposts.
Mtaylor848, CC BY-SA 4.0, via Wikimedia Commons

I was in the local pub the other week and overheard a conversation at the bar prompted by Operation Raise the Colours, the campaign group that advocates for the Union flag and the St George’s Cross to be hung in public places.  

Striking was the opinion of one man who repeatedly stated that he was not a fascist or a racist but supported anti-immigration policies and the deportation of migrants and asylum seekers for the sake of his young granddaughter. It was a lack of hope for her future, he kept asserting, that meant politicians needed to take a more aggressive stance against people arriving in this country hoping to live here. He therefore supported the raising of the St George’s Cross as a sign of the national identity he hoped his granddaughter would grow up to experience. 

In the last hundred years the St George’s Cross has been a sign of Empire, military might, hooliganism, English Nationalism, xenophobia, fascism, and other violent and oppressive worldviews. It meant for many who did not want to be associated with these things that they could never raise or recognise the flag at all.  

But there has also been some reclamation of our national symbols. Cool Britannia and Britpop under New Labour saw a new pride in the Union flag; England’s football team under Gareth Southgate and the ‘proper’ English Lionesses were successful, articulate, and diverse under the Cross of St George. It's why even now it’s hard to discern whether someone with a Cross of St George stuck to their house endorses Tommy Robinson, or whether they’re showing their support for the England women’s rugby team, who are swept all opposition before them whilst cavorting in pink cowboy hats and redefining all kinds of feminine stereotypes. 

These myriad options for painting identities onto national colours seems particularly clear in Leicester, where I live and work. We live in the outer suburbs, meaning two miles in one direction, humans are outnumbered by sheep, and two miles in the other is the incredibly diverse edge of the city.  

Leicester famously has the most diverse street in the UK, Narborough Road, where people from many nations live and work, generally in relative harmony. Skills are shared: help with government forms for those without good English are informally bartered for meals, haircuts, or produce. Christians, Jews, Muslims, Sikhs, Hindus and many other faiths worship within close proximity. It seems a place symbolic of one kind of England: diverse, tolerant, enriching the lives of one another by the sharing of culture and skills.  

It’s easy to point to recent riots between Hindu and Muslim populations in the north of the city as proof of the opposite. Nevertheless, having worked in a diverse city centre church and visited schools and hospitals where many cultures and faiths study and work together, there are large pockets of the city that do generously manage to embody this vision. Faith leaders are overwhelmingly committed to mutual tolerance and respect. 

I know many people in the county also wish for this version of England, but it has been striking to see how many villages surrounding the city have joined in with Operation Raise the Colours. Its anti-immigration message provides a clear-cut visual contrast. In the city there are no St George’s Crosses but innumerable signs of inter-culturalism brought by immigrants, asylum seekers and refugees. It is the first city in the UK where being white British does not put you in the majority. In the county, these flags seem to state that these signs are not welcome. That to ‘Unite the Nation’ is to expel those different to us. That the only culture available is the one they want to equivocate with the St George: white, British, suspicious of outsiders.  

Both of these contexts seem to be fully fleshed out alternatives for the future of England. Who do we want to be? Tolerant, inter-cultural, diverse? Or exclusive, suspicious, nativist? The guy in the pub was staking his hope for the future on one of these alternatives, and I’m sure he’s not unique. There will be others who are fully devoted to the opposite: a diverse and welcoming state of which Leicester appears an imperfect harbinger. 

It’s important to note that a fair reading of the Bible cannot help to highlight the theme of welcoming foreigners, perhaps particularly those who are not able to contribute financially. The Israelite faith of the Old Testament specifically commands farmers to leave a border of crop unharvested for such struggling migrants.  

One of the most beloved stories of the Jewish scriptures is that of Ruth, an Edomite woman who comes destitute to Israel and finds provision in the righteous life of Boaz, who has left such a border of crop for her to glean. Eventually they marry, and their offspring is blessed by God: including King David and Jesus Christ. I do believe that welcoming foreigners, and particularly those who have been affected by poverty or war is just. Any form of Christianity which puts nation before those different to us or those who suffer is a false one. 

But, just as I believe that man in the pub is wrong for putting his hope in the tightening of borders, anybody who puts their hope in any philosophy or system a flag can represent is mistaken. Liberal policies towards immigration and open hearts towards those who must seek asylum or refuge will always fail and fade. Neither England represented by the city and county of Leicester can or will last a millennia, let alone an eternity. Neither can guarantee a better future for our descendants. 

Jesus spoke of a Kingdom without flags, without an army, and without borders. One in which all tribes and tongues will be welcomed as the foreigners we are to the Holy God. One which is already recreating the Earth to be a place without death, enmity, and suffering and one day will bring this work to fulfilment. This Kingdom of God is the only political entity in which hope can be securely placed because it keeps its promises and never passes away. Our political parties, national identities, and nation states may be more or less like the Kingdom of God but they are never secure foundations for our future.  

If I were braver, I might have broached this reality with the man at the bar. I might have suggested he makes an error in placing hope for the future generations of his family in a particular understanding of the national flag. I could have invited him to see the truer potential for hope in a Kingdom which is not directly seen but nevertheless is more real and secure, and discussed with him about what that means for our temporal reality. And challenged him to see past the flag to a Kingdom which will provide for his granddaughter without measure. 

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