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Harry Miller: Police probe into 'transphobic' tweets unlawful | |
(32 minutes later) | |
The police response to an ex-officer's allegedly transphobic tweets was unlawful, the High Court has ruled. | |
Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets. | Harry Miller, from Lincolnshire, was contacted by Humberside Police in January last year after a complaint about his tweets. |
He was told he had not committed a crime, but it would be recorded as a non-crime "hate incident". | |
The court found the force's actions were a "disproportionate interference" on his right to freedom of expression. | The court found the force's actions were a "disproportionate interference" on his right to freedom of expression. |
Speaking after the ruling, Mr Miller said: "This is a watershed moment for liberty - the police were wrong to visit my workplace, wrong to 'check my thinking'." | |
His solicitor Paul Conrathe added: "It is a strong warning to local police forces not to interfere with people's free speech rights on matters of significant controversy." | |
Mr Miller, 54, also launched a wider challenge against the lawfulness of College of Policing guidelines on hate crimes, which was rejected. | |
These define a hate incident as "any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender". | These define a hate incident as "any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender". |
Mr Justice Julian Knowles rejected Mr Miller's challenge against the guidelines, ruling they "serve legitimate purposes and [are] not disproportionate". | Mr Justice Julian Knowles rejected Mr Miller's challenge against the guidelines, ruling they "serve legitimate purposes and [are] not disproportionate". |
'Participant in public debate' | 'Participant in public debate' |
Mr Miller posted a number of tweets between November 2018 and January 2019 about transgender issues as part of the debate about reforming the Gender Recognition Act 2004. | |
In one tweet Mr Miller wrote: "I was assigned mammal at birth, but my orientation is fish. Don't mis-species me." | |
This tweet was among several others which were reported to Humberside Police as being allegedly transphobic. | |
Officers visited Mr Miller's workplace and in a statement said they had "received reports of a number of transphobic comments being posted on social media". | Officers visited Mr Miller's workplace and in a statement said they had "received reports of a number of transphobic comments being posted on social media". |
Mr Miller's barrister, Ian Wise QC, argued the force's response had sought to "dissuade him from expressing himself on such issues in the future". | Mr Miller's barrister, Ian Wise QC, argued the force's response had sought to "dissuade him from expressing himself on such issues in the future". |
Mr Justice Knowles said Mr Miller "strongly denies being prejudiced against transgender people" and had regarded himself as a participant in a public debate. | Mr Justice Knowles said Mr Miller "strongly denies being prejudiced against transgender people" and had regarded himself as a participant in a public debate. |
The judge said: "The claimants' tweets were lawful and there was not the slightest risk that he would commit a criminal offence by continuing to tweet. | The judge said: "The claimants' tweets were lawful and there was not the slightest risk that he would commit a criminal offence by continuing to tweet. |
"I find the combination of the police visiting the claimant's place of work, and their subsequent statements in relation to the possibility of prosecution, were a disproportionate interference with the claimant's right to freedom of expression because of their potential chilling effect." | "I find the combination of the police visiting the claimant's place of work, and their subsequent statements in relation to the possibility of prosecution, were a disproportionate interference with the claimant's right to freedom of expression because of their potential chilling effect." |
Mr Miller has appealed against the ruling about the College of Policing guidance and permission has been granted for the case to go straight to the Supreme Court. | |
Follow BBC East Yorkshire and Lincolnshire on Facebook, Twitter, and Instagram. Send your story ideas to yorkslincs.news@bbc.co.uk. | Follow BBC East Yorkshire and Lincolnshire on Facebook, Twitter, and Instagram. Send your story ideas to yorkslincs.news@bbc.co.uk. |