this post was submitted on 02 Apr 2024
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The "Harry Potter" author slammed a newly enacted hate-crime law in Scotland in a series of posts on X  in which she referred to transgender women as men.

J.K. Rowling shared a social media thread on Monday, the day a new Scottish hate-crime law took effect, that misgendered several transgender women and appeared to imply trans women have a penchant for sexual predation. On Tuesday, Scottish police announced they would not be investigating the “Harry Potter” author’s remarks as a crime, as some of Rowling’s critics had called for.

“We have received complaints in relation to the social media post,” a spokesperson for Police Scotland said in a statement. “The comments are not assessed to be criminal and no further action will be taken.”

Scotland’s new Hate Crime and Public Order Act criminalizes “stirring up hatred” against people based on their race, religion, disability, sexuality or gender identity.

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[–] [email protected] 20 points 7 months ago (10 children)

While i agree with the sentiment i am concerned by this idea of policing how other people talk to each other. It seems completely insane that a government should be able to legally punish people for talking disrespectfully with each other. That is the essence of freedom of speech. People are able to express themselves freely without fear of the state punishing it.

[–] kaffiene 19 points 7 months ago (1 children)

Not everyone is a free speech extremist like many Americans. When the idea of free speech was developed, it was to protect political speech from legal consequences, not to guard some kind of right to incite hatred or violence towards minorities. These ideas are very different and shouldn't be conflated.

[–] [email protected] 15 points 7 months ago* (last edited 7 months ago) (7 children)

I am not an American, in fact I am German, a country which actually has restrictions on free speech in place.

Nowadays we use it to squash anti Israel protests.

[–] [email protected] 12 points 7 months ago

That's exactly how I'd expect a government to use this. It's not a good path

[–] kaffiene 1 points 7 months ago (1 children)

Yeah thats not a free speech issue, that's a German national guilt gone mad issue.

[–] [email protected] -1 points 7 months ago

Indeed, which only strengthens my point.

[–] anon987 0 points 7 months ago* (last edited 7 months ago) (1 children)

They are cracking down on the anti Israeli protests because antisemitic hate crimes have doubled.

[–] [email protected] 0 points 7 months ago

So its only antisemitic if its against Israel? We are arresting and silencing other Jews and Israelis who are against this campaign of genocide. That's okay with you?

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[–] [email protected] 11 points 7 months ago (2 children)

Denying somes's personhood is more than speech. It's dangerous, and can cause actual harm, especially for someone with such a huge platform, with special influence over children

[–] A_Toasty_Strudel 13 points 7 months ago (3 children)

While I want to agree with the sentiment behind what you said I find it really hard to get behind government legally telling people what they can and can't say. I personally feel like it's every skinhead assole's right to say racist awful shit. I also feel like if you're going to exercise that right with reckless abandon, you're gonna get fucked up by some people who don't take kindly. As detrimental as their regressive views may be, I believe we simply cannot have legal punishments for saying something the government doesn't agree with. It's a very slippery slope.

[–] [email protected] 4 points 7 months ago* (last edited 7 months ago)

I'm tired of having to do this work and it never ending. Get a law passed and start enforcing. People are being harmed and it shouldn't be this much work to defend them. Perhaps absolute free speech regulated by individuals was scalable when not every deplorable pos had a worldwide megaphone.

[–] FlyingSquid 4 points 7 months ago (1 children)

I personally feel like it’s every skinhead assole’s right to say racist awful shit. I also feel like if you’re going to exercise that right with reckless abandon, you’re gonna get fucked up by some people who don’t take kindly.

Is that what happened in 1930s Germany or the 1950s U.S. South?

Racism is an implicit call to violence. Suggesting that it can also be solved by violence is not borne out by history.

[–] [email protected] 5 points 7 months ago (1 children)

Racism isn't an implicit call to violence. Violence is one of the ways it can manifest if it's deranged enough, but most racism is just sorta quiet and often unconscious.

It's not a good idea for the government tell you what you're allowed to say - that change has to come naturally from the bottom up, not artificially from the top down

[–] FlyingSquid 1 points 7 months ago (2 children)

that change has to come naturally from the bottom up, not artificially from the top down

Cool, when is that change going to happen? Because from what I've seen, there's still a vast amount of racism in this world.

[–] [email protected] 3 points 7 months ago (1 children)

Why do you trust powerful governments so much?

[–] FlyingSquid 1 points 7 months ago* (last edited 7 months ago) (1 children)

You didn't answer my question.

You said change has to come naturally from the bottom up in order to stop bigoted attacks. Bigotry has been around for a very long time.

So... when is that natural change going to happen? Are we talking centuries?

[–] [email protected] 3 points 7 months ago (1 children)

You're asking me to predict the future, maybe it doesn't happen. Maybe 1 lifetime? Maybe 2?

Who knows, but all we can do in the meantime is continue to actually talk with people caught in the storm.

If the government tries to force speech, what do you think that will do? Do you think everyone will say "oh ok", and just quietly live out their lives at home in resentment or in prison for this never to return?

It's a bandaid to a problem where we're just supposed to trust that governments will always use this power correctly

[–] FlyingSquid -1 points 7 months ago (1 children)

So rather than prosecuting people for fomenting violence with racist hate speech right now, everyone should just wait a couple of generations for it to sort itself out unlike it has for thousands of years.

That seems both likely and reasonable and such a concept could definitely could only come from someone who has been the victim of severe racist attacks.

[–] [email protected] 3 points 7 months ago (7 children)

You're forgetting that we have technology that connects most of the world now, even across languages. This definitely changes things.

But it sounds like you'd prefer to live under a government like the CCP. That way you don't have to worry anymore because they'll take care of everything for you

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[–] Telodzrum 1 points 7 months ago* (last edited 7 months ago)

You can ignore progess all you want, that doesn’t erase it’s existence.

[–] [email protected] -1 points 7 months ago

So you're saying we should form a mob and fuck her up then, that's your preferred solution to this problem?

[–] [email protected] 7 points 7 months ago (1 children)

While this specific case may even be somewhat justified, where does it end? What constitutes an insult so grievous that the government should punish you for it?

Misgendering, alright. Attacking someone's honor? Probably. Putting together an angry, slur-filled rant? Perhaps. Insulting someone's parents? Hmm.

And so forth. This is an incredibly slippery slope, one that virtually all democracies currently existing have avoided to go down because it inevitably leads to oppression.

[–] FlyingSquid 7 points 7 months ago (1 children)

This "slippery slope" of yours has not been a problem in the many countries that have adopted it.

Not even in Brazil under Bolsonaro.

https://en.wikipedia.org/wiki/Hate_speech_laws_by_country

[–] [email protected] 11 points 7 months ago (1 children)

I am German. We have restrictions on free speech in place, primarily around Nazism and Israel.

Our government is literally curbing anything critical of israel with those restrictions at this very moment.

[–] FlyingSquid 0 points 7 months ago (1 children)

Sounds like a reason to make the law better, not throw it out.

[–] [email protected] 7 points 7 months ago (9 children)

I don't think that's the lesson here. More that even the most well intentioned restrictions can and will be abused by the government once they have that power. If our far right gets into the government I cant imagine what kind of dystopian crap they will try to do with it.

I am similarly very sceptical of the constant debate for more surveillance and online control in the name of ”protecting the children”. Another very worthy, and very emotionally charged cause where most people will instinctively agree before even thinking about the consequences.

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[–] Son_of_dad 4 points 7 months ago (1 children)

We have hate speech laws where I live. 99% of us don't even realize it because 99% of us aren't running around being bigots and calling for the extermination of groups of people based on race, gender, etc. You only need to worry about those laws if you're the kind of person who those laws are in place for. Nobody is gonna arrest you if you're a bigot, but if you're standing on a street corner calling for blood you just might

[–] SupraMario 5 points 7 months ago (3 children)

The issue with this thought is that when the party you hate comes into power they just might decide to add their own groups to these type of laws. Would you be ok if people got arrested for protesting against Trump?

[–] [email protected] 0 points 7 months ago

That's why you have multiple instances such laws have to go through. It would all work so much better if people would vote, too.

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[–] [email protected] 2 points 7 months ago (1 children)

Freedom of speech isn't freedom of consequences.

[–] [email protected] 15 points 7 months ago

Freedom of speech is, very much so, the freedom of consequences from the government for anything you are saying. In fact that is pretty much the textbook definition.

The consequences are for other citizens to mete out, like ostracizing bigots. But fundamentally the government has no right to police what anyone says, aside from inciting of violence and such.

[–] FanciestPants 1 points 7 months ago

To a large extent I agree, but i think anti slander laws are a generally accepted precedent that limit what people can say to or about another person. It's possible that the new law follows similar logic, and is intended to prevent harm in much the same way.

[–] [email protected] 0 points 7 months ago (1 children)

So telling an entire group of people, who some of them used your books as a safe escape from the bullying they suffered in the real world, that you think they are vile, disgusting and shouldn't exist, is just simply being disrespectful?

I believe that once you become part of the global zeitgeist you should be held more accountable for your words and actions, like old racist Jimmy Noneck down at a local bar can't encite hate and violence on the same level as a global household name can.

Freedom of speech isn't freedom from consequence.

[–] [email protected] 11 points 7 months ago (1 children)

It isnt freedom of consequence. It is freedom from the government interfering or penalizing you for what you are saying. The consequences are for the civil society to determine, but never the government.

[–] [email protected] 0 points 7 months ago

Hate crime laws were because of civil society, that's how this system works, these laws always came after some sort of civil unrest.

Plus we're not talking about a random normal person like us, were talking about someone who has a global reach and some power to wield, they should be held responsible for what they say, she can get someone hurt or killed way easier than you and I could.

Yeah the law could be tweaked a bit, like all laws, but to leave it up to society to dish it out is, in my opinion, a bit more dangerous.

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