From Jonathan Turley.
JT is on target.
Too many people who vote fail to appreciate freedom.
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Rowling Reportedly Sued by Olympic Boxer Over Gender Criticism
We have previously discussed the cancel campaigns targeting JK Rowling, the author of the Harry Potter series. Rowling was not only the greatest selling author of all time but a wildly popular writer until she publicly opposed certain transgender policies as inimical to the advances in feminism. Now, she is the target of a lawsuit by Algerian boxer Imane Khelif, the gold-medal winning athlete who had previously failed a gender test to confirm that she is a female fighter. We previously discussed that global debate, but Khelif is now accusing Rowling out of many thousands of critics of being a cyberbully. X owner Elon Musk has also been named in the lawsuit.
Rowling has been the target of a global campaign due to her rejection of transgender laws and policies. Many on the left have unleashed book bans and burnings. I have been critical of that campaign. Even third parties who have supported Rowling’s right to free speech have been targeted in cancel campaigns.
She held her ground after Scotland passed a draconian law, the Hate Crime and Public Order (Scotland) Act 2021. The new crime under the law covers “stirring up hatred” relating to age, disability, religion, sexual orientation, transgender identity or being intersex. That crime covers insulting comments and anything “that a reasonable person would consider to be threatening or abusive.”
Rowling previously posted various responses to the controversy on her X account on August 7, including: “For the record, bombarding me with pictures of athletic women to ‘teach’ me that women don’t all look like Barbie is like spamming me with pics of differently-shaped potatoes to prove rocks are edible. I can still see the difference and you look frankly bonkers.”
She later also posted: “Commentators pretending critics of the IOC’s reliance on documents rather than sex testing think Khelif is trans are straw-manning. I don’t claim Khelif is trans. My objection, and that of many others, is to male violence against women becoming an Olympic sport.”
She further wrote on X how she was concerned over both boxers challenged over their gender at the Olympics: “What will it take to end this insanity? A female boxer left with life-altering injuries? A female boxer killed?”
France has eviscerated free speech protections over the last few decades with speech criminalization laws. There is some question whether the French laws would apply to tweets made outside of the country.
These laws criminalize speech under vague standards referring to “inciting” or “intimidating” others based on race or religion. For example, fashion designer John Galliano has been found guilty in a French court on charges of making anti-Semitic comments against at least three people in a Paris bar. At his sentencing, Judge Anne Marie Sauteraud read out a list of the bad words used by Galliano to Geraldine Bloch and Philippe Virgitti, including using ‘dirty whore” in criticism.
In another case, the father of French conservative presidential candidate Marine Le Pen was fined because he had called people from the Roma minority “smelly.” A French teenager was charged for criticizing Islam as a “religion of hate.”
The question of the extraterritorial application of such laws is the question. Conversely, the United Kingdom and the European Union are asserting the right to regulate speech in any country, including political speech in American presidential elections.
Rowling has every right to be heard on the Olympic boxing controversy. This debate raises core issues that touch on a wide array of political speech. Khelif has the ability to refute these claims through the exercise of her own free speech. As in the past battles fought by Rowley, her effort to advocate for women’s rights is also a major test over free speech in Europe.
Jonathan Turley is the Shapiro Professor of Public Interest Law at George Washington University. He is the author of “The Indispensable Right: Free Speech in an Age of Rage” (Simon & Schuster).
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