So today I was mulling gloomily over the way hate crime laws seem to have taken seamlessly over the function of blasphemy laws in the UK. I decided to look up when blasphemy was abolished as an offence in the country, thinking it might be sometime in the 1970s. Wrong – blasphemy was abolished as an offence in 2008. The acts governing hate crime (the Crime and Disorder Act and the Criminal Justice Act) were added to the statute book in 1998 and and 2003 respectively.
The CPS’ own website states that
The police and the CPS have agreed the following definition for identifying and flagging hate crimes: “Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity.”
These laws have been used in recent times for such diverse purposes as fining a man who taught his girlfriend’s dog to make a Nazi salute and arresting a woman for calling a transgender woman a man.
The common feature of both the blasphemy laws of yore and the hate crime laws of today is that both prohibit speech considered harmful to society’s morals. That society’s morals are no longer situated in a common belief system (such as Christianity) but an atomised, individualistic inner space (as expressed by the definition of hate crime as anything which is perceived by an individual as being such) is neither here nor there. Certain tenets cannot be challenged lest doing so harms the fabric of society.
It’s also neither here nor there that some of those moral tenets are unprovable or unfalsifiable in any objective sense: the Resurrection of Christ, say, or the existence of some magical inner ‘gender identity’. Indeed the more outlandish a protected belief the better, because the function of blasphemy laws is to compel moral obedience, and what better sign of moral obedience than to see people dutifully repeating something that is in no sense objectively true (such as that men can become women) on pain of being punished if they don’t comply?
My argument here isn’t that we should abolish hate crime laws as we did their predecessors, the laws of blasphemy. I don’t want to rant, Spiked-style, about the threat from blasphemy and hate crime laws to free speech so much I want to ask: have we ever really had free speech? It seems no sooner did we get rid of one set of rules about what you can’t say than we replaced them with another. There was, perhaps, a couple of decades where blasphemy was effectively defunct despite the statute remaining in existence and before hate crime came to be. But the collapse of controls on speech for religious reasons is nigh-simultaneous with the rise of controls on speech for social justice/equality reasons. The Human Rights Act 1998 forced blasphemy law to be restrained by the right to free speech; the same year, the Crime and Disorder Act made hateful behaviour toward a victim based on membership (or presumed membership) in a racial or religious group an aggravating factor in sentencing. (Insert chin-stroking emoji here.)
This leads me to suspect that human societies cannot, in fact, survive very long without laws of some kind governing speech. I’d love to see a counter-example. But I’ll be astonished if anyone can point me to a state that has abolished religious blasphemy without replacing it with controls on speech for other reasons, whether (under supposedly atheistic Communism) to forbid speaking against the Dictator, or (under supposedly individualistic, pluralistic liberalism) to forbid speaking against individuals’ notional right to self-define without reference to the collective.
Much as every human represses some aspects of their personality in order to function, every society does so too; it is a foolish or short-lived society that makes no effort to clamp down on behaviours or opinions that pose a threat to what that society considers the good or virtuous life. If that’s the case, is there even any value in trying to fight what feels like a rising tide of authoritarian busybodying keen to tell me what I can and can’t say? Or should I just pile in and make my bid to be on the team who’s in charge of deciding what should or shouldn’t be banned?
Right now, the two groups jostling most energetically for that position in the UK are the proponents of ‘intersectionality’ and the radical Islamists. If Nassim Taleb is correct, and social mores are disproportionately set by tiny ideological minorities purely based on the strength of their conviction, then whether we end up punishing those who assert that men cannot become women or those who draw cartoons of Mohammed will be a straight fight between which of those groups is more determined to blow shit up if they don’t get their way.
I don’t really like the way this argument is going. If I’m right, then social mores in a few decades will bear few resemblances to those of today And whether they’re structured with reference to authoritarian liberalism or radical Islam I don’t think I will particularly like their shape. But there’s nothing I can do about it – the moral majority in the country is firmly post-Christian and, as I’ve argued elsewhere, a society that can’t be arsed to defend its moral traditions is guaranteed to see them supplanted by ideologies with more committed adherents. And indeed, the kind of Christianity that did once upon a time get out of bed to defend its moral tenets by any means necessary would probably, in practice, be as repugnant to me as either of the likely moral futures toward which our society is heading.