Earlier this month a UK woman was arrested and detained for several hours, essentially for calling a transgender woman a man and offending her on Twitter. Okay, there was a bit more to it than that and I can't condone what this woman did, but her arrest is not good thing for transgenders or even minority communities as a whole, because rather than creating the mutual respect and acceptance that we're all different, it will create fear. Fear is at the root of discrimination so it's the last thing that activists should want.
The reason it creates fear is because it is so easy to offend, especially online where the written word can't be imbued with expression and with the English language being so malleable and evolving. As an example of just how easy it is to accidentally offend, this report on it slipped up and referred to the transgender, Stephanie, as a man and they were fully aware of her current sexuality preference.
Even those who would normally be an ally are going to be cautious or even actively avoid interactions with any people who wield the kind of power that will send you to prison if you accidentally say or do the wrong thing and offend them. Yet this avoidance in itself could offend. I know how easy it is to offend accidentally. I did it to a vegan who I was actually trying to be supportive of. Sometimes these people are so used to being attacked that they are always on the defensive and see everything as a potential attack. So you're on the back foot before you even open your mouth or write a single word. It probably doesn't help that I'm an expert at putting my foot in my mouth anyway. What can I say, it was a talent I was born with. 😕
You might say that justice would prevail and find them not guilty if it was indeed un-intended to offend, but by then it's too late, the damage is done. Even brushes with authorities can create fear.
One might also say its unlikely that anyone would report someone unless they really were harassing them and not for a one off slip up. Sadly there are no guarantees to that and the fear is already there anyway, because news sources tend to boil it down to the basics and it becomes as simple as “UK mom arrested for calling a transgender activist a man,” something I actually discussed in my last post, about not having enough information to get a full picture.
How far will this fear spread? People might avoid shops where certain people are serving because they fear saying something to upset them or maybe just not doing the right thing which shows respect to their culture. Then employers might avoid hiring certain people because they lose custom with them.
Let's put this in perspective. Insults and arguments happen all the time, especially on social media. Bullying is a stark reality, but you're not going to necessarily get arrested for offending just anyone.
Far from uniting us, the hate speech laws are driving an even bigger wedge between us. The law already covers crimes. If you are involved in a harassment campaign, it doesn't matter who it is, the punishment is there. By making it particular to the LGBT, Muslim or black communities you’re singling them out and isolating them even more. How can you make a worse punishment for harassing them than anyone else? You can't. So that makes it a lesser crime if its done to someone else?
The fact is that you are always going to get people who aren't very nice, even with laws to protect you from it. In fact laws aren't going to stop the most determined bigots, they'll just try and disguise themselves better. After all, it's against the law to commit murder and steal, but it still happens. Forcing people to not be mean to you isn't going to make them like you, only give them more resentment towards you and others like you, taking away any opportunity for others to prove that they are not to be feared or hated.
I'm not familiar with Twitter, but most social media has an option to block or unfollow people. Surely using that option is better than using the force of the state to stop harassment.
For me this is sad news indeed for everyone. Force will never unite us, only drive us apart.