Quote (dro94 @ May 28 2018 04:00pm)
There is a certain form of ignorance being expressed when comparing the Nazi pug incident to this. Not only was it for a different crime, it was in Scotland under Holyrood laws, which are known for being excessive in regard to alleged hate crimes. It was a distinct case with no parallel in England, Wales or NI. Scotland get away with having those laws because the place is about 97% white with no racial tensions as such, so the frequency of their use and subsequent media attention as to how authoritative they are went under the radar.
In regard to Tommy, my sympathies are limited. He's a convicted fraudster and thug that films himself attacking migrants. Bearing in mind that isn't relevant when considering the legality of what he did, see the judge's response:
Whilst a trial is ongoing, political pressure shouldn't be influencing the court and we have a responsibility to make sure that happens. He did break the law and he should have been removed from the premesis. But from what I've seen he was just filming outside so he could have been taken 500 yards down the street without an arrest being necessary.
The court's own guidance document to the media blackout law says it should only be applied in exceptional circumstances and then only in the narrowest means, and only lists filming/photography/sketches
within the courtroom or court building or court precincts. It lays out cases for automatic reporting restrictions- which this doesn't fall into, at least for the perpetrators as opposed to the victims. So this is a discretionary use of a media blackout on a politically toxic case under the court's arbitrary judgment as to whether media attention would taint the trial, which itself is a violation of free speech principles. But when the prohibition was stretched to apply to Robinson
outside the building as he tried to keep at the both literal and figurative edges of the blackout, that's when you're coupling overzealous prosecution on one hand with discretionary protection on the other hand. Its two sets of standards, based on the political alignment and the content of his speech.
These are precisely the kinds of eroding edges of free expression that the US's first amendment is designed to safeguard against. Over here across the pond we err generously on the side of free speech and do not allow any argument of diffuse societal harms to overcome an individual's rights, only the direct infringements.