The Witchfinder explores legal remedies that may be open to gay journalist Milo Yiannopoulos and feminist Julie Bindel after being banned from attending an event at University of Manchester Students’ Union. Comments are legal opinion, untested by any court.
University of Manchester Students’ Union Women’s Officer Jess Lishak, shown in a black shirt with hammer and sickle. Original picture was released on Flickr by ‘Jennifer’ here (archive here) under the irrevocable NC-BY-SA 2.0 open source license (archive here). Image was further amended by cropping, enhancing and photoshopping a Communist hammer and sickle onto Jess’ convenient black shirt for parody purposes. It is therefore asserted the image falls under s30A Copyright Designs and Patents Act 1998 – the ‘parody exception’ and can be used commercially for that purpose. 09/10/2015 – Image Amended
In 2012 the European Court of Human Rights rules in the case of Redfearn v United Kingdom (Application no. 47335/06). Arthur Redfearn was a bus driver. He was also a member of the British National Party, a British far right party that opposes immigration and multiculturalism. Conservative grandee Lord Tebbit once called them, “Labour with racism”.
The Court ruled in favour of Mr Redfearn and UK law was changed. Recent case law appears to confirm that political views – even extremist views, can fall within the definition of a ‘philosophical belief’ under s10 Equality Act 2010.
Yet Milo Yiannopoulos does not hold extremist views. Manchester Students’ Union, in a statement (archive here), say they banned him because –
“We have been made aware of various comments lambasting rape survivors and trans* people, and as such we are concerned for the safety of our students on the topic of this event. He is a rape apologist and has repeatedly used derogatory and debasing ableist language when describing members of the trans* community.”
I am unaware of any occasion where Milo Yiannopoulos has apologised for, nor mitigated rape. He has on some occasions highlighted false allegations and the need for procedural safeguards.
Yiannopoulos is a supporter of #GamerGate, a cultural libertarian, pro-free speech, anti-censorship, consumer movement. As a prominent cultural libertarian, he would likely have mentioned #GamerGate in the context of freedom of speech.
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