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Culture War Roundup for the week of April 1, 2024

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J. K. Rowling challenges new Scottish hate speech legislation, openly challenging them to arrest her for calling trans criminals men who pretend to be women:

https://twitter.com/jk_rowling/status/1774747068944265615

In passing the Scottish Hate Crime Act, Scottish lawmakers seem to have placed higher value on the feelings of men performing their idea of femaleness, however misogynistically or opportunistically, than on the rights and freedoms of actual women and girls. The new legislation is wide open to abuse by activists who wish to silence those of us speaking out about the dangers of eliminating women's and girls’ single-sex spaces, the nonsense made of crime data if violent and sexual assaults committed by men are recorded as female crimes, the grotesque unfairness of allowing males to compete in female sports, the injustice of women’s jobs, honours and opportunities being taken by trans-identified men, and the reality and immutability of biological sex.

#ArrestMe is, dare I say it, brave and powerful. At least she's putting skin in the game. It's also pretty well calculated in my opinion.

They can't really attack her for being a right wing extremist when her world famous books are a pretty clear allegory of Racism Bad. She even makes sure to target India Willoughby, who is apparently anti-black. Rowling has an enormous pot of money for expensive litigation and automatic worldwide attention on her. It's hard to righteously defend people such as

"Fragile flower Katie Dolatowski, 6'5", was rightly sent to a women's prison in Scotland after conviction. This ensured she was protected from violent, predatory men (unlike the 10-year-old girl Katie sexually assaulted in a women's public bathroom.)"

It's very practical politics to fish out the worst of the enemy milieu to preface one's normative statements. I think Rowling has a good shot at tactical victory - either the govt won't charge her or she'll win in court. On the other hand, only systemic change is going to change the progressive-leaning status quo. You need an Orban or some similar force to drag out the weed by the roots, rather than just pruning away when it grows particularly egregious. Rowling is no Orban, that's probably far too extreme for her.

The legislation is here: https://www.legislation.gov.uk/asp/2021/14/contents

Crimes include 'stirring up hate' by 'behaving in a manner that a reasonable person would consider to be threatening, abusive or insulting' to select groups. Looks like it allows nigh-limitless opportunities for selective enforcement. And a huge drain on police resources, given they can't even investigate all crimes:

Just last month the national force said it was no longer able to investigate every "low level" crime, including some cases of theft and criminal damage.

It has, however, pledged to investigate every hate crime complaint it receives.

BBC News understands that these will be assessed by a "dedicated team" within Police Scotland including "a number of hate crime advisers" to assist officers in determining what, if any, action to take.

https://www.bbc.com/news/uk-scotland-68703684

If they charge her and fail to convict her, or do convict her and have a bunch of HP-loving constituents toss them out of office, their project suffers a major setback. So they won't charge her. They'll charge a bunch of loud people who engender no public sympathy, and some little people unfortunate enough to be in the wrong place at the wrong time. They'll use them to build precedent, and of course "But you didn't charge Rowling" isn't a defence in court. After a while of this, they'll have the weight of precedent behind them and be able go after the next big fish if not Rowling herself.

Rowling does, however, engender contempt for the law this way.

This is the kind of statement my father might have said, and clearly it's true. (of course he also grew up in Alabama in the 50s and 60s). Were the issue something different (were she taking a stance with which I had no sympathy) I might even find this slippery slope aspect worrying. I can't remember the MLK quote but the gist of it is that to be moral one has to break unjust laws. Or perhaps more aptly, to be a hero, currently, is to behave like a merely decent human being. (That's May Sarton via LeCarré).

I've always been admiring of Rowling and bewildered at how she has become the focus of such hatred for what seems to me to be an uncomplicated, straightforwardly moral stance. She's even said that in other contexts she would march for trans people's rights to not suffer bullying or violence.