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An English judge this week sentenced a woman who posted a hateful message on X to two years and seven months in prison. Lucy Connolly has no previous convictions. The same judge allowed a habitual child pornography offender to walk free from court without any prison time in 2021.and its preference for robust, even hateful, speech rather than government censorship. Second, the reason why so many Britons are increasingly disenchanted with their justice system.
Connolly pleaded guilty to stirring up racial hatred. Under English law, prosecutors do not need to show intent to prove this offense, only that “having regard to all the circumstances racial hatred is likely to be stirred up .” This is in stark contrast to the greater free speech protections provided under U.S. law. In the United States, Connolly’s words would only constitute an offense if prosecutors could prove she sought to incite imminent violence and was likely to do so.
Again, this would be ripe grounds for an appeal under U.S. law, as the judge explicitly praised diversity in imposing a custodial sentence upon Connolly for her contrary attitude.
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