Freedom of Expression Law

[girlatwork10]

Its common sense to me that local govt, or any oorganisation cannot make rules [in its complaint policy to shut down a customer with rules that are above the law of the land;
Eg, If a customer says ''a trans woman is a man in a woman's dress and wig'', that is a legal right no matter if he says it on the street or to a local Cllr [or to customer service personnel]. He haven't incited hate, it's freedom of expression.
I say this because a friend has been snubbed / ostracized for something like this and refused customer service. I told the friend, there is legal case in the customer's favour... as long as no hate is purposely incited, or intention to cause distress and alarm
Am I right - a complaint policy must submit to law?

[efpom]

Interesting - My understanding of the constitutional position is that elected officials of a local authority make policy - unelected officers implement policy.

If a complaint is made to a local authority, it is not open to any person of the local authority to abstain from implementing that authority's complaints policy.

[girlatwork10]

My comment disappeared

[Manxman]

It's a question of how your friend exercised his freedom of expression.

It is for example, ok to hold the view that transwomen are not women and are simply biological men. And in many circumstances it would be perfectly ok to express that opinion.

However, simply to say that ''a trans woman is a man in a woman's dress and wig'' could also amount to a public order offence depending on the circumstances in which it was said.

If, for example, your friend made such a statement without justification in the context of being served by a council employee who was (or who appeared to be) a transwoman, then such an utterance could perhaps be considered harrassment or threatening behaviour, even if the statement is factually true.

However, if the statement was made in the context of an even handed debate about the pros and cons of gender affirmative as opposed to gender critical beliefs, then it would probably be a protected belief and perfectly ok to say.

So how did your friend find him- or herself in the position of making the statement you say he did?

[girlatwork10]

General comment not aimed at anyone specific. I think it was written on the Council equality form; they do ask ridiculous intrusive questions on sex, gender, relationships...it has to be said.

I refuse to fill them out, since it isnt obligatory.



Recent case on Twiitter / X of Conservative MP RT'ing a post that a Green Party candidate is 'a
man who wears a wig':

''The Conservative Party's deputy chair for women has been accused of making transphobic remarks about one of her general election rivals.

MP Rachel Maclean shared a post on X, formerly Twitter, that described transgender woman Melissa Poulton as "a man who wears a wig and calls himself a 'proud lesbian'."

In sharing it, Mrs Maclean also added a comment of her own, backing the writer.

Bromsgrove Green party candidate Miss Poulton described it as "gaslighting".

In sharing the post, Mrs Maclean commented: "While the Greens don't know what a woman is, my Worcestershire neighbours the people of Bromsgrove certainly do."

Quote. BBC News, 8.12.2023