You're playing a shell game with definitions to justify authoritarian speech laws.
> lumping together arrests for stalking, incitement to violence and other forms of harassment to produce a big scary number
But that's exactly the problem - the UK defines "incitement" and "harassment" so broadly that ordinary political speech becomes criminal:
UK "Harassment" includes:
- Misgendering someone online
- Posting offensive jokes
- Retweeting protest footage
- Criticizing immigration policy "grossly"
UK "Incitement" includes:
- Lucy Connolly's Facebook post (31 months)
- Jordan Parlour's "every man and their dog should smash [hotel] up" (20 months)
- Tyler Kay's "set fire to all the hotels" retweet (38 months)
NONE of these would meet Brandenburg's standard in the US. They lack:
- Directed at specific individuals
- Imminent timeframe
- Likelihood of producing immediate action
> if the stated number is true, there should be thousands of examples every year
There ARE thousands. In 2023:
- 3,537 arrested for online speech
- 1,991 convicted under Section 127 Communications Act
- Hundreds more under Public Order Act
You don't hear about most because "UK citizen arrested for offensive tweet" stopped being newsworthy years ago.
You're using the word "incitement" to equate UK thought policing with legitimate US restrictions on speech that creates immediate danger. That's like defending China's censorship because "every country bans fraud."
The definitions matter. The UK criminalizes hurt feelings. The US criminalizes immediate threats to public safety.
How many of those were examples of "hurt feelings" and not "put a whole lot of foreigners at risk of their lives" or any of the other classes of "online posts"? We don't know because in their rush to say "the UK's arresting 30 people a day for posting things online", the Economist didn't bother breaking that down.
> NONE of these would meet Brandenburg's standard in the US.
None of them happened in the US so that's irrelevant. My misunderstanding of the precedent around incitement isn't central to my point.
> lumping together arrests for stalking, incitement to violence and other forms of harassment to produce a big scary number
But that's exactly the problem - the UK defines "incitement" and "harassment" so broadly that ordinary political speech becomes criminal:
UK "Harassment" includes:
- Misgendering someone online
- Posting offensive jokes
- Retweeting protest footage
- Criticizing immigration policy "grossly"
UK "Incitement" includes:
- Lucy Connolly's Facebook post (31 months)
- Jordan Parlour's "every man and their dog should smash [hotel] up" (20 months)
- Tyler Kay's "set fire to all the hotels" retweet (38 months)
NONE of these would meet Brandenburg's standard in the US. They lack:
- Directed at specific individuals
- Imminent timeframe
- Likelihood of producing immediate action
> if the stated number is true, there should be thousands of examples every year
There ARE thousands. In 2023:
- 3,537 arrested for online speech
- 1,991 convicted under Section 127 Communications Act
- Hundreds more under Public Order Act
You don't hear about most because "UK citizen arrested for offensive tweet" stopped being newsworthy years ago.
You're using the word "incitement" to equate UK thought policing with legitimate US restrictions on speech that creates immediate danger. That's like defending China's censorship because "every country bans fraud."
The definitions matter. The UK criminalizes hurt feelings. The US criminalizes immediate threats to public safety.