Stephanie Hayden (left), a trans woman, was repeatedly misgendered by Kate Scottow. (Twitter/MailOnline)
English judges have insisted that freedom of speech includes the “right to offend” and to “abuse another” without police investigation after Twitter troll Kate Scottow was arrested for targeting a trans woman.
Lord justice Bean and justice Warby ruled that “free speech encompasses the right to offend, and indeed to abuse another,” in a written ruling published Wednesday (16 December), according to
“Freedom only to speak inoffensively is not worth having,” they added.
Presiding over the Court of Appeal in London, the judges ruled on the case of Stephanie Hayden who suffered a torrent of online abuse from Kate Scottow. She was called “racist”, a “pig in a wig” and repeatedly misgendered.
Although the latest judgment does not change the law, such an unequivocal ruling from two senior and highly respected members of the judiciary is likely to influence wayward judges in lower courts that freedom of expression must be protected.
It will also limit the vexatious use of legislation to inhibit freedom of speech in a bid to “police” Twitter spats.
Lord Justice Bean is no stranger to controversial and high profile cases having presided over the trial of James Bulger killer Jon Venables in 2010, while leading media judge Mr Justice Warby is presiding over the Duchess of Sussex’s privacy case against the Mail on Sunday, which has been adjourned until next year.