The High Court has ruled that Humberside Police unlawfully interfered with Harry Miller's right to freedom of expression by visiting his workplace over allegedly transphobic tweets. Miller, a former police officer and founder of the campaign group Fair Cop, said the visit had a 'substantial chilling effect' on his free speech.
Mr Justice Julian Knowles found that the police's actions led Miller to reasonably believe he was being warned not to exercise his right to free speech on transgender issues. The judge emphasised the vital importance of free speech, stating it includes 'the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative'. He noted that Miller's tweets were lawful and there was no risk of criminal offence.
However, trans rights activists expressed disappointment. Helen Belcher of Trans Media Watch said trans people would fear 'open season' on them, while Cara English from Gendered Intelligence called for measured language. The judge rejected a wider challenge to the College of Policing's guidance on recording non-crime hate incidents, which he said 'serves legitimate purposes'.
Miller called the ruling 'a watershed moment for liberty'. The case involved tweets from 2018-2019 about proposed changes to the Gender Recognition Act, including a retweet of a poem deemed transphobic. In a separate case, trans woman Stephanie Hayden won her case against Kate Scottow for persistent harassment.
