Since writing my first-ever Substack post, on the UK censorship regime, last week, I've had a lot of inbound from lawyer colleagues in England saying that they quietly agree with me - and so do many of their colleagues - but that they're afraid to stick their heads above the parapet for fear of becoming targets themselves.
UK lawyers have to realize that we're not going to win back free speech by writing editorials and talking on panels. We're definitely not going to do it by keeping our heads down and hoping everything just sorts itself out.
We have to fight. That means taking on pro bono clients, arguing that a lot of decisions post-Redmond-Bate were wrongly decided, and advocating for law reform. The only thing we can do until we get that law reform is to keep repeating the free speech position until our judicial system begins to believe it, keep making the argument and willing it into reality.
1,000 people a month are arrested under Section 127 of the Communications Act 2003 alone - 30 per day. You can be a free speech advocate just like I am - many of you would probably be even better ones - but to be an effective advocate on this issue YOU HAVE TO THROW DOWN AND REPRESENT CLIENTS ON FREE SPEECH MATTERS.
I take on free speech cases pro bono. So can you. Any lawyer can be an effective free speech advocate. Take on one client with a marginal case, and fight like hell to win it. Then take on two more.
If 500 of us take on three free speech matters, that's 1,500 cases - 1,500 souls we help, 1,500 hearings where we get to make the case for free speech, 1,500 opportunities to get an appeal and make good law.
We won't get those chances unless, as a profession, we step up.
This should be a whole-of-profession effort. London outposts of US firms should recognize the injustice of the UK’s current situation and devote hundreds of hours. US clients of those firms who believe in free speech should demand it.
We are going to win.