Stirring Up Hatred: Myth, Identity and Order in the Regulation of Hate Speech

309 Pages·2022·4.085 MB·English

by  Jen Neller

PALGRAVE HATE STUDIES
Stirring Up Hatred
Myth, Identity and
Order in the Regulation
of Hate Speech
Jen Neller
Palgrave Hate Studies
Series Editors
Neil Chakraborti, School of Criminology, University
of Leicester, Leicester, UK
Barbara Perry, Faculty of Social Science and Humanities,
University of Ontario, Oshawa, ON, Canada
This series builds on recent developments in the broad and interdisci-
plinary field of hate studies. Palgrave Hate Studies aims to bring together
in one series the very best scholars who are conducting hate studies
research around the world. Reflecting the range and depth of research
and scholarship in this burgeoning area, the series welcomes contribu-
tions from established hate studies researchers who have helped to shape
the field, as well as new scholars who are building on this tradition
and breaking new ground within and outside the existing canon of hate
studies research.
Editorial Advisory Board:
Tore Bjorgo (Norwegian Institute of International Affairs)
Jon Garland (University of Surrey)
Nathan Hall (University of Portsmouth)
Gail Mason (University of Sydney)
Jack McDevitt (Northeastern University)
Scott Poynting (The University of Auckland)
Mark Walters (University of Sussex)
Thomas Brudholm (University of Copenhagen)
Jen Neller
Stirring Up Hatred
Myth, Identity and Order
in the Regulation of Hate Speech
Jen Neller
Manchester Law School
Manchester Metropolitan University
Manchester, UK
ISSN 2947-6364 ISSN 2947-6372 (electronic)
Palgrave Hate Studies
ISBN 978-3-031-19241-8 ISBN 978-3-031-19242-5 (eBook)
https://doi.org/10.1007/978-3-031-19242-5
© The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature
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Acknowledgements
Wow, what a journey this has been! I give love and thanks to all at Birk-
beck School of Law who gave me time to grow, and especially to Les
Moran, Nadine El-Enany, Illan rua Wall and Sarah Lamble who have
given me their time, guidance and encouragement so generously. I give
more love still to Adimaya Keni, David Thomas and all the wonderful
Birkbeck PGRs who gave me companionship, feedback and belonging.
I have learned so much from you all, both about the world and about
who I want to be within it.
I am grateful to Chara Bakalis and Neil Chakraborti for their warm
engagement with my work and their kindness under ’less-than-ideal’
circumstances.
I am indebted to Kay Lalor for her wise and considerate counsel as I
scrambled to pull it all together at the eleventh hour. I am also grateful to
Mark James, John Pearson and Jamie Atkinson for their efforts to make
writing at MMU a shared experience, and to Martin Harrison, Kelly
Danielle and Rossella Pulvirenti for helping me through my first year as
a full-time academic.
v
vi Acknowledgements
And to those who love me regardless. To family: Christine Hendry,
Richard Higgins, Martin and Clare Neller, Aunty Pat, Peter and Shelly,
Alexis and Indi, Gareth and Katie, Evelyn and Bethany, James and Katie,
Laura and John. And to the most stalwart of friends: Jess and Ollie,
Becky and Al, Sally, Sarah, Ally, Tamsyn, Sam and Michelle, Chris and
Kyra, Sam and Finn, and Liz. You’re all awesome. I think I have juggled
library visits around spending time with all of you at one point or
another. Thank you for understanding and for supporting me in being
who I am.
Finally, Dav, I am indescribably grateful for your inexhaustible love
and faith. (Or at least not-yet-exhausted… I hear marriage to an
academic can be tough.) You keep me sane(ish) and our little family
brings me so much joy (there is an upside-down snoring cat on my lap
as I type this). I love you back with all that I am. May our intentions
continue to work out so incredibly well.
Contents
1 Introduction 1
2 Myth, Identity, Order 41
3 Peace and Liberty: Public Order Act 1936 83
4 Race and Order: Public Order Act 1963 and Race
Relations Acts 1965 and 1976 115
5 Class and Control: Public Order Act 1986 155
6 Being and Believing: Racial and Religious Hatred Act
2006 193
7 Progress and Tradition: Criminal Justice
and Immigration Act 2008 225
8 Decoloniality and Deneoliberality: A Six-Point Toolkit 257
Appendix: Hansard 285
Index 295
vii
Abbreviations
ATCSA Anti-Terrorism, Crime and Security Act 2001
BNA British Nationality Act 1981
BNP British National Party
BUF British Union of Fascists
CEDAW Convention on the Elimination of All Forms of Discrimination
against Women
CJA Coroners and Justice Act 2009
CJIA Criminal Justice and Immigration Act 2008
CJPOA Criminal Justice and Public Order Act 1994
col Column
CPPCG Convention on the Prevention and Punishment of the Crime of
Genocide
CPS Crown Prosecution Service
DPP Department of Public Prosecutions
EAT Employment Appeal Tribunal
ECHR European Convention of Human Rights
EHRC Equality and Human Rights Commission
HC House of Commons
HL House of Lords
ICCPR International Covenant on Civil and Political Rights
ix
x Abbreviations
ICERD International Convention on the Elimination of All Forms of
Racial Discrimination
ILP Independent Labour Party
LBC London Borough Council
LGBT Lesbian, Gay, Bisexual and Transgender
MP Member of Parliament
MPS Metropolitan Police Service
MSSCA Marriage (Same Sex Couples) Act 2013
NCCL National Council for Civil Liberties
PF Procurator Fiscal
PMA Public Meeting Act 1908
POA36 Public Order Act 1936
POA63 Public Order Act 1963
POA86 Public Order Act 1986
RRA65 Race Relations Act 1965
RRA76 Race Relations Act 1976
RRAs Race Relations Acts
RRHA Racial and Religious Hatred Act 2006
s Section
ss Sections
SCA Serious Crime Act 2007
SO Sexual Orientation
SOCPA Serious Organised Crime and Police Act 2005