A new dystopian vision comes to Scotland next week with the introduction of the extraordinary hate crime law. If you haven't been following the debate, Kathleen Stock at UnHerd is probably as good a place to start as any.
If the Scottish establishment is to be believed, ordinary Scots are positively frothing with hatred at the moment. Already Police Scotland record “non-crime hate incidents”, based solely on an onlooker’s perception of hatred, as a matter of course. But this hasn’t been enough to stem the tide of venom north of the border. So on Monday, the Hate Crime and Public Order Act will come into force, intended among other things to criminalise the “stirring up” of hatred towards several protected characteristics, including race, age, disability, religion, and transgender identity.
And there’s more. Ostensibly introduced for those victims of hate crimes too intimidated to speak to the police directly, there will now be designated “third-party reporting centres” for accusations of hateful crime, including one in a Glasgow sex shop. Snitch on someone you dislike and pick up a dildo at the same time — isn’t modern life wonderful? ...
Many commentators are concerned that the whole Act will chill legitimate free speech, either via actual criminal sanctions or via misinterpretations of the law by police and others; and there are particular worries about speech that is critical of religion, either of the traditional or transactivist kinds. But the smooth-tongued rainbow mandarins paid to dictate equality policy to a mostly vacant-eyed political class have told everyone to take a deep breath and relax. As the chief executive of Equality Network in Scotland Rebecca Crowther soothingly told Sky News: “This legislation is not going to catch people online saying things that I might disagree with, that you might disagree with, things that might upset me, things that might upset others in the community… What it does legislate against is when that freedom of speech strays into something that is abusive, that could cause fear and alarm, and that also incites hatred or incites people to act on that hatred.” Meanwhile Yousaf himself has said that he has “full confidence” that the police will look beyond “vexatious” complaints.
But what this trite sort of response obviously ignores is that, as social norms change, it is increasingly difficult for people to distinguish between that which is merely disagreeable and upsetting, and that which is genuinely hateful and abusive. It is an irony of the present situation that so many seem to think that biology is socially constructed but that the meaning of hatred is natural and fixed. In fact, what counts as an adequate expression of a particular emotion is at least partly culturally determined, and these days the category of hatred seems to be a lot more expansive than it used to be. Previously, its presence was indicated by otherwise random-looking outbursts of violence towards outgroups, and the use of aggressive slurs. In present day Scotland, however, it seems detectable from saying things like “choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat” — a recent statement by the Conservative MSP Murdo Fraser, subsequently recorded by police as a non-crime hate incident, a verdict he now intends to contest in court....
A reasonable person wouldn’t have gone along with any of this, and yet in Scotland crazily myopic and illiberal measures continue to be waved through, with stunning condescension on the part of their smug originators. In other words, there’s no use appealing to what some hypothetical reasonable person would think, when there appear to be no such people in the vicinity. They’ve probably all gone down the sex shop to report J.K. Rowling for saying homosexuality is a thing. It’s almost as if these people hate us.
It's going to be interesting, to say the least, to see how this astonishingly bad piece of legislation will work out, but given Police Scotland's training on gender-critical activists called Jo, who think trans people should be sent to the gas chambers, I think we can get a fairly good idea. If nothing else, it's a trans activists' charter for silencing their critics.
Update: Taggart's on the case.
'Thur's been a misgenderin.' pic.twitter.com/67R29Aipf2
— Ian Acheson 🇬🇧🇮🇪 (@NotThatBigIan) March 29, 2024