What to do if you are accused of inciting racial hatred

Robert Henderson

There is a growing enthusiasm by the authorities in Britain  to  prosecute people who are judged to have  broken the law by  being  racist in speech or writing.   This enthusiasm is fuelled by  the adoption of political correctness as the elite ideology of the day.   Anyone in a position of power and influence is forced on pain of being cast from  such circles to at least pay lip service to the creed and the fear of being called racist has those without power or influence in a vice-like grip as they see people who have been accused of racism having  their lives turned upside down by  the media engaging in hate campaigns against them,  their jobs taken from  them and, in an increasing number of cases,  criminal records put upon them for simply saying what they think.

The police have become frantically keen on showing their politically correct credentials. Recently the  Home Secretary  Amber Rudd  found the police recording a complaint of racism  against her after she made a speech dealing with immigrants as a  “non-crime hate incident, a category without any statutory basis  that the police have invented.  In cases such as this the police cease to act as police and become political commissars.

The “non-crime hate incident”  will be logged on a police computer,  quite possibly the  central computer the  police have. It is unlikely to affect the likes of Rudd but anyone without power or influence could well find the police bringing such a record into play  if they end up, for whatever reason,   being questioned by the police. Even if it never happens it will hang heavy in the minds of the person to whom such a record  refers because  they  will have become “a person known to the police” despite  ever having been charged with an offence.  It might well come up on a criminal records check undertaken because of the nature of a job someone is applying for. Even if that never happens to you imagine  how your  employer  or your family  might  react if  becomes public knowledge in some other way such as a newspaper report    that  you are  a person deemed  to have been the perpetrator of a “hate non-crime incident”.

The police are rather less enthusiastic about one class of complaint of racism. Any complaint of a “non-crime hate incident ” to the police which falls outside what the politically correct deem to be a worthy case – basically any complaint involving racial incitement against whites –  will not be recorded. I have in the past tried out the police’s willingness to record such complaints, for example, I made a complaint of racial incitement against Greg Dyke when he was Chairman of the BBC following  his “hideously white” description of the Corporation.  The police refused to record the complaint let alone investigate it.

The great advantage you have

All that will seem daunting to anyone  accused of racism which reaches the police . Do not despair. People accused of this type of offence has one great advantage : those with power and influence in the UK  have a dread of the issue of free expression  being the subject of public debate in the courts. This is so for two reasons. First,  they know that prosecuting people for simply saying something  goes against the idea of a free society, something which the British elite  invariably  claim to believe in in the abstract.   Second,  the free speech that is being  suppressed is that which goes against  the politically correct version of what is permissible. The politically correct know in their heart of hearts that  political incorrectness is the natural order of things and that only by censoring  can the pretence that political correctness reflects reality  be maintained.

As a consequence  of these fears  the police and those in the  justice system do everything possible to persuade those charged with such offences to plead guilty.  This was graphically shown in the case of  Emma West who maintained her innocence for many months even though initially she was held on remand in the highest security women’s prison in the UK .  Her crime? To make  what was really no more than a public  protest about  the consequences of mass immigration. Eventually, she pleaded guilty to lesser charges after the stress got to her, not least the fear that  her young son would be taken from her.  The extraordinary efforts to  made to get  the woman to change her plea strongly suggests  that had she stuck by her original Not Guilty plea there was  a very good chance the case would never have come to court.

The lesson of all this is always get on the front foot if you are threatened  by those with power and influence.  Show that you are afraid and intimidated and the powers-that-be will simply ride all over you.  Let those who are harrying you know that you are coming out fighting. That is not only your best chance of neutralising the accusation of racism it is probably your only chance.  Try googling  cases of  people accused of pc “crimes” who tamely pleaded guilty. Despite assiduous researching  I cannot find one  case which ended  with a person pleading guilty  being left in their original position, either in their work  or  socially.  At best,  the  common outcome  is for people   to lose their job  and to find getting another one very difficult; at worst they can  end up in prison.  Pleading guilty to such charges is never a soft option.

Subject access requests

If the complaint which has led to criminal charges being brought  has been made by someone representing an organisation rather than just acting as an individual you may be able to get useful information  from your accusers  by using the Data Protection Act  to make a subject access request . This places the data holder (the organisation to whom you are directing the subject access request)  under a legal obligation to supply the person making the request  with copies of any information they hold about them.

It is also worthwhile to put in a subject access request to other organisations, for example

1. the police force which is dealing with the complaint against you.
2. Any media organisation such as a the BBC or a national newspaper if it has shown an interest in your case.

Such organisations  may  hold  data which will be at embarrassing at best  and at worst damaging to their accusation against you. For example, there may be data showing that there were  arguments against  making a complaint  by some members of  the organisation making or supporting the complaint;  details of the surveillance of you before any alleged crime has been acted upon by the police or attempts to entrap you which depending on circumstances could be illegal.

There is an exemption in the Act for legal  documents and information held for journalistic purposes, but  often  the recipient of a subject access request will have data which is not covered by the exceptions.

Apart from possibly gaining useful information, the effect of making a subject access request will be  to reinforce  the fact that  you are coming out  fighting for even if no useful  data is forthcoming  the sending of a subject access request will signal that you mean business.

How do you do make a subject access request?  Use the wording   below for the request, enclose £10 for the fee  and ask for the data they hold in paper form. The reason for asking for the material in paper form is that often paper documents have manuscript notes written on them.  These may carry important information.

Dear Sirs,

I am making a subject access request to the  Campaign Against Anti-Semitism  under section 7 of the Data Protection Act 1998 (DPA).  This data will include any qualifying information held on any type of media.

Please send to me copies of any data relating to me which your organisation holds within the 40 calendar days allowed by  the Act.

I want any qualifying  information you hold to be supplied to me  in paper form.

A cheque for £10 is enclosed to pay the fee.

Yours faithfully,

———————————————————————————————————————————

If the matter does go a trial

Base your defence on free expression  and the fact that political correctness requires the denial of  the reality  of  homo sapiens’  biology  and evolved social nature.

For free expression  make  these arguments:

1. When it comes to censorship there is a simple binary choice: there is either free expression or a range of permitted opinion which may be altered at any time.  In present day  Britain there is only  a range of permitted opinion, the scope of which narrowing by the day.
2. Free expression is an integral part of democracy. If people are not allowed to put forward their views there is no democracy.
3. By definition any totalitarian ideology is incompatible with democracy because it excludes any viewpoint apart from its own.

Political correctness is a totalitarian ideology. It  both potentially covers every aspect of life because the non-discrimination test can be applied to any aspect of  life and   insists that the only correct and permissible view  of anything  where political correctness applies is the politically correct view.  The defining of antisemitism , especially in its present very broad  sense, is part of political correctness.

4. Many in the West who want to censor also wish to also pretend  quite absurdly that they support free expression. It is important to  ensure that  their hypocrisy is made clear at every opportunity . The notes below provide a potent way of driving  those adopting this position into a corner.
5. For a detailed examination of the issue of free expression see Free Expression or a range of permitted opinion . Use the details in that essay   to give chapter and verse on the  vast constraints on free expression in England today.  Simply  reciting in court   the long list   of ways in which free speech is discouraged today  should have the effect of knocking on the head any claim that free speech exists.

For the denial of  the reality  of  homo sapiens’  biology  and evolved social nature use these arguments:

Humans are social animals. Social animals only become social (what biologists call the development of sociality)  by setting limits to those within their group. This is because sociality can only develop where there is trust  and trust comes from triggers ranging from scent and chemical triggers  to, in the case of humans, a recognition of those who belong to a group through a mixture of biology –  basically does this person look like me? –   and acquired knowledge that an individual belongs to the  group through their cultural behaviour, for example, speaking the same language or having the same accent. That is the basis of group or tribal  belonging .  Tribal feeling is not  an optional extra. It is an essential  evolved behaviour which protects the group.

Political correctness denies  that humans have  an evolved social nature and insists against all the evidence that everything is down to cultural imprinting.  When presented with this argument simply point out  (1) that  wherever a society is racially/culturally  mixed there is always serious friction and (2) that  the universality  of racial and ethnic tension  in mixed societies can only be plausibly explained  by tribal feeling being innate .

Dealing with accusations of racism generally

Always  get those accusing you of racism to define the word. This will simply stump most people because they are rarely if ever called upon to explain what is meant by racism. That is particularly true of the politically correct who rely on their control of the positions of power and influence, including the media,  to censor out challenges to political correctness.  That this is done and accepted as legitimate by the politically correct tells us one thing: at some level they realise, as the religious do, that their beliefs cannot stand up to argument.

Asking for a definition of what is meant by racism is a tool which can be used to fluster and unsettle everyone involved in bringing and prosecuting a case against you. If  they are unable give a satisfactory definition  you are halfway to winning the case.  If they give a definition to which you can answer “I do not meet that definition” so much the better. Indeed, there is a good chance that asked for a definition of racism people are  likely to say  something along the lines of “Well, it  means you think some people are inferior to you because of their colour”. To that you can say, no, that does not  apply to me. I merely, like all human beings, naturally seek the company of those who resemble me because of my evolved nature.

The person to whom the question of a definition has been addressed  may well be unable to  meaningfully expand on their original offering.  If they do it will probably be by saying something like “It’s discriminating against people”.  This allows the defence to then bring out the fact that all humans have to discriminate all the time between people because  we have to make choices.

That is just a few  examples of how even in a court the prosecution and their witnesses can be exposed as having no firm grasp of what they mean by racism and that in turn will make it difficult in principle to say whether what you are accused of inciting actually  exists.

The effect of this type of defence is to keep the prosecution on the  back foot.

The special case of  Antisemitism

These  contrary arguments  will cover most of the  accusations of anti-Semitism:

1. It is not anti-Semitic to apply the same test to Jews as should rationally be applied to any minority group, namely, is the group or  members of the group attempting to gain an advantage for their group which is achieved at the cost of disadvantaging the rest of the society  in which they live. That is simply rational self-preservation by the majority population.  The most potent  example of  unacceptable behaviour by a minority group  is  one which advocates free immigration to the country in which the group lives and whose members are  either immigrants themselves or  the descendants of immigrants.
2. It is not anti-Semitic to be concerned if there are  a disproportionately large  number of Jews in positions of power and influence such as politics and the mainstream media.   The prime example of this is the Jewish lobby in the USA. Such positions  are gained most commonly not because the best person gets the job but because those occupying them are either born into a privileged position or the position is an appointment made  by patronage.  For example, a significant percentage of  those  employed in the media have relations who worked in the media before them.
3. It is not anti-Semitic to refuse to treat the Holocaust as an event which is uniquely abominable and consequently something that must be placed before the world to be condemned ceaselessly. It is now 71 years since the ending of the Second World War . Even the youngest of the surviving   death camp survivors will be old.  Most will be dead or in their eighties and nineties.  Time has reduced to the Holocaust to  what everything  eventually becomes,  an historical event which can be viewed objectively.
4. It is not anti-Semitic to point out that huge numbers of  non-Jewish  people  died in the Camps and that the  frequent portrayal of the mass killings as an essentially  Jewish event is wrong. That is not to deny  that  huge numbers of Jews died or to belittle their  suffering.  Rather, it is to provide an accurate account of what the death camps were  and to rebalance the emotional response to what occurred.
5. It is not anti-Semitic to treat the six million figure for Jews  killed as uncertain.  That does not mean six  million did not die. Indeed, many more may well  have done so.  What matters here is that the  six  million figure is not an historical fact.   To give just a couple  of  examples of the difficulty in calculating the numbers  killed. Estimates of  the number of Jews in Europe before  1933 run into two primary problems: the definition of who is a Jew  (which covers a wide span of circumstances) and  the reliability  and lack of uniformity of methodology  of  census  records  compiled in different jurisdictions. Piled on top of that is the post-Holocaust dispersal of  European Jews outside of Europe which makes  comparison of the  pre-1933 Jewish  European population  with the post-1945 population of Jews in Europe very difficult even if the definition of who is Jew is ignored.
6. It is not anti-Semitic to view the modern state of Israel as illegitimate in foundation and support for it to be against Western interests because it puts the West perpetually at odds with the Arab world in particular and the Muslim world in  general.

How to deal with the police

Do not be aggressive to or try to ingratiate yourself with the police. Be formally polite but reserved. Make it clear by your behaviour that you are not to be intimidated. I realise that is difficult for people who have no experience of the police but adopting  a  reserved manner will go a long way to achieving this. Always have at the front of your mind that  the police and the justice system are not geared up to deal with people who will not plead guilty to charges relating to racism.

If  you have been  arrested get your lawyer to  ask the police to justify the arrest – they must have reasonable grounds for suspecting that you have committed a crime or intend to commit a crime.

Always remain silent until you have  a lawyer present.

The police must caution you if they  are attempting to get evidence from you about a crime that you have committed or  are intending to commit  or are otherwise involved with, for example, fencing stolen goods.

If you have been cautioned without being arrested  you  must be told that you are free to leave at any time.

Be aware that if you accept the offer of a formal police caution (this can be with or without conditions) to avoid going to trial that  can be as damaging as having a criminal  record particularly if you work  in jobs requiring a criminal records check.  These cautions have nothing to do with the caution previously described

Be aware  that if you  accept an offer to plead guilty to a lesser charge  in the long run this can be as damaging to your life as fighting a more serious charge.

For my detailed advice on dealing with the police see https://englandcalling.wordpress.com/what-to-do-if-you-become-involved-with-the-criminal-law/