Why is the state so obsessed with speech crimes?
A new phrase to have arrived in earnest this year has been ‘two-tier’ justice, relating to the perceived government and judicial approach to crime based on someone’s politics or background. But it’s worth bearing in mind another parallel approach to justice that’s been with us even longer: the growing eagerness to prosecute people for what they have said, and a decreasing willingness to prosecute miscreants for what they have done. This week alone we have been reminded of this dual approach. As reported in the Daily Telegraph this morning, prosecutions for posts on social media judged to potentially stir up racial hatred have soared in the past decade. In 2015 just one person was convicted of the offence, compared with 44 in 2024.