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[vc_row][vc_column][vc_single_image image=”116444″ img_size=”full” add_caption=”yes”][vc_column_text]Philosopher Stuart Hampshire knew evil was real. He had seen it, written about it and, perhaps, it had driven him to do something about it.
He was 25 by the time the Second World War broke out and he spent his formative years in a position in military intelligence.
His job was to interrogate, and it was this that brought him face to face with Ernst Kaltenbrunner, the high-ranking Austrian SS officer who was a key figure in the Holocaust.
Nancy Cartwright, Hampshire’s second wife and fellow philosopher, told Index, “He interviewed, as a young man, Ernst Kaltenbrunner. I think that had a real effect.”
Cartwright suggested that much of Stuart Hampshire’s personality reflected the work he was passionate about and he surrounded himself with revered thinkers and writers, including his closest friend, the political theorist Isaiah Berlin.
He was well-liked by his peers and was deemed to be warm-hearted and polite. Or, as Cartwright fondly describes him, “terribly English”.
As Cartwright remembered, he would sometimes sit in restaurants with Nancy and their two daughters and make up stories about the people sitting next to them, imagining who they were and what they were about in detail.
Stories, clearly, were important to him and people and the challenges they faced were significant too.
“I think he had a vivid sense of what it was like to be someone else. He could think of himself as being someone else,” said Emma Rothschild, the economic historian and Hampshire’s goddaughter – although this was never formalised at a font.
Hampshire was seen as a “cautious, honest and meticulous thinker” according to the philosopher Jane O’Grady, writing his obituary in The Guardian.
Free speech ranked highly among his values.
Cartwright said: “He had a sense that there is real evil and it needs to be combated. I think that was relevant to his work on Index. He was as much concerned about the people being censored and what was happening to them as he was about the issue in general.”
Hampshire, author of the acclaimed book Thought and Action, was a keen supporter of the post-war Labour government but never referred to it as such, instead preferring to say “the good Mr Attlee”.
“He always was distressed at inequality and poverty,” said Cartwright and he welcomed the wealth of social changes that Attlee oversaw: the foundation of the National Health Service and the expansion of the welfare state.
Hampshire also played a role in the implementation of the Marshall Plan, the financial rebuilding of Europe after the Second World War.
After the war, he became a senior research fellow at New College, Oxford before taking a domestic bursarship at his alma mater of All Souls. He later joined Princeton in its Department of Philosophy.
By the time the idea for the Writers and Scholars Education Trust, and Index, was being discussed, he had returned to Oxford as warden of Wadham College. Backing the idea of the trust and Index was natural to him.
“He was so keen on Index and it doing important things,” said Cartwright.
Emma Rothschild said his character was well-suited to setting up a free speech magazine.
“He was extremely involved with and excited about starting Index and I remember vividly seeing the first issues. It was one of his important steps into public life. He had been very involved in the great world of politics and international relations during and after the Second World War and then had been a bit more remote from it,” she said.
“I think Index was his way of moving back into large public questions. It was something he was extremely excited about and at the same time he found thinking about public life very stimulating for his philosophical writing.”
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[vc_row][vc_column][vc_single_image image=”116315″ img_size=”full” add_caption=”yes”][vc_column_text]Legal but harmful speech – what does it even mean and why is every government body so insistent that the best way to deal with hate is to legislate against it?
So, you may guess from my tone that I am getting a little irked. There seems to be a pattern emerging in the UK, that rather than genuinely tackling some of the thornier issues–we’re seeing calls for more laws and regulations as the quick fix. Seemingly so people can say they are doing something, anything, rather than tackle the root causes of the problems at hand.
This week was a case in point. Building on the Government’s plans to create a new designation of unacceptable language for our online conversations in the Online Safety Bill – legal but harmful – we saw yet more headlines outlining the latest initiative from a well-intentioned quasi-government body seeking legislation to regulate speech in order to protect us from extremists.
The Centre for Countering Extremism published a paper calling for a new legal framework to tackle extremism – or rather extremist language which is creating an environment conducive to building new extremist groups. In principle, this is something that is difficult to knock and I have huge admiration for many of the people involved, but this is a slippery slope.
Let me be clear. I am not suggesting (nor would I ever) that all is well in our online world. It isn’t – there are too many examples of toxic abuse. Political and ideological extremism seems to be on the march; bullying, trolling, hate speech and threats are becoming far too normalised online. I should know, after all I still seem to attract a little too much of it…
But the question is can you or even should you regulate speech. Would that even work? Is regulation going to make people be nicer to each other online – or is there something more sinister at play that we need to focus our efforts on. As Taylor Swift said “haters gonna hate”.
So surely the real challenge here is how we balance dealing with the minority who choose to incite hatred and create a toxic environment which is attacking our very value system without undermining one of our basic fundamental rights – free speech.
Reaching for the statute book as a legislator is the easy option – politicians can say they have done something – even if that something hasn’t fixed the problem. They can point at a law and say job done. But let’s be honest, you can’t legislate culture and you can’t regulate language and nor should we be trying to.
People aren’t stupid, extremists aren’t stupid, recruiters to terror groups aren’t stupid – they are abhorrent, evil and wrong – and while some may not be that bright, the most effective tend not to be stupid.
If you change the law to restrict what they can and can’t say – all they will do is moderate their language, introduce coded phrases and push extremism into spaces that can’t be monitored. Suppression of language simply will not defeat the dangerous ideology at play. But what you will have done is create an environment where certain communities feel that they can’t speak at all – a chilling effect which will both create martyrs and undermine community cohesion.
Moving the line of legality will simply result in extremists developing a new vocabulary to achieve the same outcomes as they did before. And then we enter a dangerous period of cat and mouse where restrictions become even tighter, ensnaring legitimate debate and discussion in order to catch those purveyors of hate.
Someone famous once said, “Tough on crime, tough on the causes of crime” and that mantra should be the starting point for any government on this issue. I have always said that speech should be free but not free of consequences.
The penalty for incitement should be severe – severe enough to be a deterrent but, and it’s a big but, the same level of resource, if not more, should be used to meet the continually emerging challenges of political extremism through education, engagement and community investment.
Empowering people to challenge hate speech and building a society where debate is celebrated but extremism is rightly ostracized. I know that for many that may be a naïve aspiration – but the alternative is a world where silence becomes the norm – because speech is too difficult.
Postscript. Just a note to thank Hannah who, in between doing her schoolwork yesterday, helped type my blog this week.
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Assange’s partner, Stella Moris, is remaining resolute despite his extradition hearing decision being less than a month away and him being held in a prison that has recently had a Covid-19 outbreak.
Speaking over the phone to Index, Moris discusses the hearing’s details and what it could mean for the future of freedom of expression. And she talks about the deep implications it has had for her and her young family.
“Obviously it is very difficult. I speak to Julian on a daily basis unless there is a problem. [But] he is in prison. Soon to be for two years. He has been there for longer than many violent prisoners who are serving sentences. All in all, he has been deprived of his liberty for ten years now,” she told Index. She adds:
“The kids speak to their father every day; we try to normalise it as much as we can for them. But of course, this is not a normal situation and our lives are on hold. It is inhumane and shouldn’t be happening in the UK.”
The current hearing – which will decide whether there are grounds for Assange to stand trial in the USA – should reach a conclusion on 4 January. A trial in the USA (should the decision go against Assange) will have major ramifications for free speech and whistleblower journalism.
The WikiLeaks founder is charged with conspiring with US intelligence analyst Chelsea Manning and hackers from groups such as Anonymous and LulzSec to obtain and publish classified information. Each of the 18 charges laid by US authorities, if Assange is extradited and convicted, carry a maximum penalty of 10 years. The allegations brought forward under the 1917 Espionage Act, alongside one other under the Computer Fraud and Abuse Act, mean Assange could face up to 175 years in prison – effectively a life sentence. Manning was initially sentenced to 35 years, but under the Obama administration her sentence was commuted to less than seven years.
It is easy to get sidetracked about the current extradition hearing and get into arguments about whether Assange is a journalist, whether he is guilty of other crimes or whether the publication of the documents brought harm to anyone involved. Instead people’s attentions should focus on the precedent that will be set should the case go to trial in the USA.
As it stands the case is unprecedented. No publisher has ever been tried under the Espionage Act, which itself was essentially created for spies imparting official secrets either for profit or otherwise. This is perhaps a direct contradiction of rulings of the courts in the UK. In December 2017, the UK’s information tribunal recognised WikiLeaks as a media organisation, in direct contradiction to the view of the US State Department. Australia’s media union, the Media, Arts and Entertainment Alliance, also presented an honorary member card to Assange’s Melbourne-based lawyer.
Amidst the noise of the separate matters around the case, Moris insists people need to “forget what they think they know” and assess the issues involved.
“There are a lot of assumptions being made over what this case is really about. There are all these sideshows. It is not about people being harmed because the US has admitted it has no evidence to make this argument. It comes down to the fact that the material published was classified. People who care about free speech and press freedom need to forget what they think they know about this case and look at it afresh and understand Julian is in prison for publishing. This is not something that democracies do.”
“Are they saying what he published was not in the public interest? They say that is irrelevant. They can’t deny [what he published] wasn’t in the public interest because he was publishing information and evidence of state crimes, of state abuse, torture, of rendition, blacksites and of illegal killings. What they are arguing is that Julian published information that was secret and therefore he can be prosecuted over it.”
Journalists publishing secret information is not new (nor is pressure for them not to publish) and can often be key to upholding democracy and ensuring states act properly. The Watergate revelations relied heavily on news organisations pressing on with publication despite attempts by the USA to stop them, including the threat of jail time. It proved a significant victory for free speech.
If Assange is extradited and tried the case will impact journalists and the media “for years to come”, says Rebecca Vincent, director of international campaigns at Reporters Without Borders (RSF).
“It feels like many in the media do not see the implications of this case as something that will possibly affect them,” she told Index. “This case will have ramifications on the climates for journalism and press freedom internationally for years to come.”
“This is the first time we have seen the US government prosecute anybody for publishing leaked information. If they are successful, they will not stop with Assange and WikiLeaks. This could be applied, in theory, to any media outlet.”
It’s common for journalists and publishers to cite a public interest defence for disputed documents. It is a centrepiece of a defence case against libel, for instance.
“The information published was certainly in the public interest; it served to inform extensive public interest reporting that exposed war crimes and other illegal actions by states,” said Vincent.
“The Espionage Act lacks a public interest defence. He cannot use it if he is sent to the United States and tried.”
Essentially, what this means is that Assange is being treated as a spy not a publisher. If Assange is extradited and loses his case against the US government, any time classified information is published by a journalist there will be a precedent set that they can be charged and tried as a spy in the same way.
“These sorts of cases are really highlighting the need for more robust legislation that cannot be manipulated to be used against journalists, whistleblowers and other sources. Ultimately, it is the public’s right to access information that is being impacted,” Vincent added.
“You can see this for what it is; this very much feels like a political prosecution by states that are not meant to engage in this behaviour. The reason our states can get away with this is because of a lack of public pressure. A lack of public sympathy has resulted in a lack of widespread public pressure to hold our governments to account.”[/vc_column_text][/vc_column][/vc_row]