Arrest of anti-royal protesters sparks free speech concerns

As the country observes an official?period of mourning?for?Queen Elizabeth II, a spate of arrests of republican protesters at public events provoked what the media described variously as a “public backlash” (FT), an “outcry” (The Week) and a “row” (Evening Standard,?Express) about heavy-handed policing, which then quickly prompted free speech “concerns” (iNews,?BBC,?Express), “fears” (National) “demonstrations” (Mail) and “debates” (Bloomberg).?

The first story to make the headlines involved a demonstrator who held a banner saying “f**k imperialism, abolish the monarchy” during the Proclamation for King Charles III in Edinburgh, and who was subsequently arrested and charged under a 2010 law that covers behaviour “likely to cause a reasonable person to suffer fear or alarm” (Independent).

Several other lone protestors have now been arrested, detained and in some cases charged with a public order offence for voicing criticisms of the monarchy (Mail,?Guardian). Unsurprisingly, the police quickly came under fire for their “overreach” (Guido) and “excessive shutdown” of protests across the country, with one former counterterrorism chief even describing the approach of some officers as “heavy-handed”, “overzealous” and “inappropriate” (Mail).

A young woman who stood quietly holding a placard saying “not my king” was also escorted away from the Houses of Parliament by a group of police officers (Mail).

In Oxford, a man who shouted, “who elected him?” when Charles was officially proclaimed King was arrested, handcuffed and briefly detained on suspicion of a breach of public order under Section 5 of the Public Order Act 1986, for allegedly using threatening or abusive words or behaviour that could cause bystanders “harassment, alarm or distress” (Metro). Another man, who heckled Prince Andrew in a procession along the Royal Mile in the Scottish capital, may face a similar charge, police confirmed on Tuesday (Daily Beast).

Later in the week, an overzealous Metropolitan Police Officer was?caught on camera?telling a protester whom he’d spotted holding aloft a blank piece of paper that he would be arrested if he wrote “Not my King” on it. “That may offend people,” he said. “Who’s that going to offend?” asked the protestor. “I don’t know, someone may be offended by it,” the officer replied (Sky News).

We can all probably agree that the sorrowful occasion of the late monarch’s death is not the best time or place to make political statements. Some will no doubt find the behaviour of the protestors – or as William Atkinson put it for?ConHom, the “tedious, bargain basement Cromwells” – puerile. Others may feel it is grossly insensitive – certainly, as?Sky News’s home editor Jason Farrell reported, for many people coming to pay their respects to the late Queen this was not the week for protests.

But as?Observer?columnist Sonia Sodha put it, “the test of a commitment to free expression is not whether you defend it at zero cost in relation to people you agree with, but whether you defend it when it costs you something and in relation to people you may disagree with but whose democratic rights you nevertheless respect”.

As a non-partisan, mass-membership public interest body that stands up for free speech, the FSU echoes that sentiment. That means defending the right of republicans to peaceful dissent. No-one should be arrested or charged for simply stating their opinion, no matter how distasteful the majority may find it. As Lord Justice Sedley said: “Freedom only to speak inoffensively is not worth having.”

The police are under unprecedented pressure during this time of national mourning, but officers on the ground nevertheless need to protect people’s right to protest, however irritating some people may find them.

It is for these reasons that the FSU has offered its support to several named protestors, urged others who had been arrested and/or charged to reach out to our case team, and issued several statements upholding the right of republicans to free speech and peaceful dissent (which you can read?here,?here?and?here).

If anyone who has been arrested for protesting against the monarchy in the past week is reading this, then please contact our case team on?[email protected].

***

If you think there’s a risk you’ll be penalised for exercising your legal right to free speech, whether it’s in the workplace or the public square, you need the protection of the Free Speech Union. Membership starts from just ￡2.49 a month.

You can join us?here.?

Alternatively, if you'd like to donate to help support the work that we do, you can click?here.?