COVID-19 and the Right to Protest – St John’s Buildings

‘Criminal barrister Rebecca Penfold has co-authored an article with Aparna Rao of 5 Paper Buildings about Covid-19 and the right to protest. It asks what rights do individual citizens have to protest, whilst subject to lockdown restrictions in England?’

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St John's Buildings, 3rd June 2020

Source: stjohnsbuildings.com

Coronavirus: Are protests legal amid lockdown? – BBC News

‘Solidarity protests against the death of George Floyd in the US are continuing to take place in the UK – but are they actually legal given the coronavirus lockdown?’

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BBC News, 3rd June 2020

Source: www.bbc.co.uk

ZXC v Bloomberg: privacy expectations about criminal investigations – Panopticon

‘The Court of Appeal has today given judgment in the long-running ZXC v Bloomberg litigation ([2020] EWCA Civ 611). The key points:

1. In general, a person does have a reasonable expectation of privacy about the fact that/details of their being subject to a police investigation, up to the point of charge.
2. Reporting about alleged conduct is different from reporting about a criminal investigation into that conduct.’

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Panopticon, 15th May 2020

Source: panopticonblog.com

Court upholds ban on anti-abortion poster targeting Stella Creasy – The Guardian

Posted May 7th, 2020 in abortion, freedom of expression, human rights, local government, news by sally

‘An anti-abortion campaigner who is banned from displaying a poster featuring an image of a dead foetus alongside a picture of the Labour MP Stella Creasy has failed to overturn a council order against him.’

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The Guardian, 6th May 2020

Source: www.theguardian.com

Woman’s attraction to chandeliers not a sexual orientation, Ipso says – The Guardian

‘A woman in a long-term relationship with a 92-year-old German chandelier has been told that her attraction to historic light fittings is not considered to be a protected sexual orientation.’

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The Guardian, 14th April 2020

Source: www.theguardian.com

Arron Banks fails in effort to use human rights laws to avoid £162,000 tax bill – The Guardian

‘Arron Banks, the businessman and Ukip party donor, has failed in his attempt to use human rights laws to dismiss a £162,000 tax bill.’

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The Guardian, 2nd April 2020

Source: www.theguardian.com

Barrister fails in appeal over “seriously offensive” tweet – Legal Futures

‘The High Court has upheld the reprimand and fine issued to a barrister who sent a “seriously offensive” tweet in a private capacity that was “racially charged and derogatory to women”.’

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Legal Futures, 2nd March 2020

Source: www.legalfutures.co.uk

A “Cardinal Democratic Freedom”: High Court rules police’s action “Orwellian” in a victory for freedom of expression – Monckton Chambers

‘On 14 February 2020, the High Court (Mr Justice Julian Knowles) held that Humberside Police had disproportionately interfered with the rights of free speech of the Claimant, Harry Miller, under Article 10 of the European Convention on Human Rights (“ECHR”).’

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Monckton Chambers, 21st February 2020

Source: www.monckton.com

Twitter, trans rights and the role of the police — an extended look – – UK Human Rights Blog

‘The case of R (Miller) v The College of Policing & The Chief Constable of Humberside [2020] EWHC 225 (Admin) is yet another decision arising out of an individual’s use of Twitter to share transphobic, or as they see it “gender critical”, views.’

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UK Human Rights Blog, 21st February 2020

Source: ukhumanrightsblog.com

Of Tweeting and Transgender Rights – Panopticon Blog

‘Over the years, Panopticon has discussed a number of cases about the powers of the police to record, retain, and disseminate information about individuals. The judgment of Mr. Justice Julian Knowles in R (ota Harry Miller) v (1) The College of Policing, and (2) The Chief Constable of Humberside [2020] EWHC 225 (Admin) is a significant contribution to the law in this area. In Panopticon terms the case is unusual, in that the issues are discussed by reference to the right to freedom of expression under Article 10 of the European Convention on Human Rights (“ECHR”), rather than by reference to Article 8 or data protection legislation.’

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Panopticon Blog, 17th February 2020

Source: panopticonblog.com

Police who warned man about ‘transphobic’ tweet acted unlawfully – The Guardian

Posted February 17th, 2020 in freedom of expression, hate crime, internet, news, police, transgender persons by sally

‘Police officers unlawfully interfered with a man’s right to freedom of expression by turning up at his place of work to speak to him about allegedly “transphobic” tweets, the high court has ruled.’

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The Guardian, 14th February 2020

Source: www.theguardian.com

Twitter will label and may remove media designed to mislead – The Guardian

‘Twitter will begin to label and in some cases remove doctored or manipulated photos, audio and videos that are designed to mislead people.’

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The Guardian, 5th February 2020

Source: www.theguardian.com

Pickets, prayers and protests: using anti-social behaviour legislation to curb protest – UK Police Law Blog

‘Two recent cases have required the High Court and Court of Appeal to consider in detail the use by local authorities of different powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014 (“ASBCPA”) to limit or prevent protests that have contained a strong religious or moral element. To what extent are the courts prepared to sanction the use of these powers in relation to types of activities that perhaps would not immediately spring to mind when the words “anti-social behaviour” are heard? The answer, in two words, is “very prepared”, judging by the decisions in the cases of Dulgerhiu v London Borough of Ealing [2019] EWCA Civ 1490 and Birmingham City Council v Asfar [2019] EWHC 3217 (QB).’

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UK Police Law Blog, 27th January 2020

Source: ukpolicelawblog.com

Be Careful What You Tweet For (part 2) – UK Human Rights Blog

‘The Claimant’s belief in Forstater – that “sex is biologically immutable” — denied trans people their legal right to be recognised as the sex they had transitioned to even when they had obtained a Gender Recognition Certificate. This right has been recognised for over a decade by the European Convention on Human Rights (“the Convention”) and by domestic law in the Gender Recognition Act 2004. The Claimant’s belief — in the words of Judge Tayler — also violated the dignity of trans people and created an “intimidating, hostile, degrading, humiliating or offensive environment” for them.’

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UK Human Rights Blog, 24th January 2020

Source: ukhumanrightsblog.com

Be Careful What You Tweet For (part 1) – UK Human Rights Blog

‘Forstater v CGD Europe & Others [2019] UKET 2200909/2019. Last month, the Central London Employment Tribunal held that a woman’s belief that “sex is biologically immutable” was not protected as a philosophical belief under the Equality Act 2010.’

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UK Human Rights Blog, 23rd January 2020

Source: ukhumanrightsblog.com

Criminalising the possession of “terrorist propaganda”: a human rights analysis – UK Human Rights Blog

‘The Home Office is proposing to legislate for a new criminal offence relating to the “possession of the most serious material glorifying or encouraging terrorism”.’

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UK Human Rights Blog, 21st January 2020

Source: ukhumanrightsblog.com

The President of the Family Division’s New Guidance on Reporting in the Family Courts (3rd October 2019) – Becket Chambers

‘Faced with the competing claims of transparency and privacy, free speech and family life, family law will always incline towards the latter. Its first instincts are protective, guarding the intimacies and lives of its own subject families and, particularly, its children.[1] First and foremost, family proceedings are and remain private matters. This fundamental principle holds fast. However, things are not simply as they were before. Successive Presidents of the Family Division have now expressly addressed the subject in the form of three separate occasions. At the very least, it is clear that the dynamic is being given careful thought. Whilst the guidances do not amount to a tilting of the scales, they are nevertheless guidances specifically designed to address acts of reporting. When President of the Family Division, Sir James Munby issued two guidances on transparency and anonymisation. Sir Andrew McFarlane, the current President, has now (as of October 2018) issued further guidance specifically dealing with applications to lift and vary reporting restrictions.’

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Becket Chambers, 15th January 2020

Source: becket-chambers.co.uk

Home Office proposes offence of possessing terrorist propaganda – The Guardian

Posted January 15th, 2020 in coroners, freedom of expression, government departments, inquests, news, terrorism by sally

‘A new offence relating to possession of terrorist propaganda that glorifies or encourages extremism could be introduced to toughen up UK anti-terror laws.’

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The Guardian, 14th January 2020

Source: www.theguardian.com

Union To Sue Police After Barrister Arrested At Medical University Protest – Each Other

‘A trade union is taking legal action against the Metropolitan Police after its barrister was arrested at a protest outside a medical university.’

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Each Other, 13th January 2020

Source: eachother.org.uk

Researcher who lost job for tweeting ‘men cannot change into women’ loses employment tribunal – The Independent

‘A researcher who lost her job after tweeting that men cannot change their biological sex has lost an employment tribunal after her opinions were ruled “absolutist”.’

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The Independent, 19th December 2019

Source: www.independent.co.uk