Lawfare: the use and abuse of law to fight for freedom

Recorded at the Battle of Ideas festival 2022 on Saturday 15 October at Church House, London.

ORIGINAL INTRODUCTION

‘Something’s wrong, change the law’ epitomises the approach of many to social change. And few can doubt that social change has often walked in step with legal reform. Maya Forstater, Harry Miller and Allison Bailey have all won court cases recently that have clarified the law against illiberal and censorious trends relating to free speech and equalities legislation. But is there a danger that today’s social reformers are focused on Lawfare, the use of law to change society, as a short cut to taking the public with them?

For example, the recently announced class action against the Tavistock Clinic is seen by some as a more effective tool than political campaigning in halting the seemingly relentless march of gender ideology. The Higher Education (Freedom of Speech) Bill aims to outlaw ‘cancel culture’ on campus. For those striving for reform, it may be easier to change the law in Parliament or persuade a judge than to change hearts and minds in the public.

But without wider public support, such victories could be reversed just as easily, as illustrated in the US by the overturning of the abortion rights established in Roe v Wade. Moreover, legal victories can be ignored, as in the continued use of Non-Crime Hate Incident reporting, despite Fair Cop’s victory in the courts.

Should the law reflect a popular consensus, or can it be used to ‘improve’ the consensus? Is seeking legal protection against egregious examples of, for instance, workplace cancel culture, a remedy or an evasion? What are the pros and cons of using the law courts as allies of liberty?

SPEAKERS
Maya Forstater
executive director, Sex Matters

Luke Gittos
criminal lawyer; author, Human Rights – Illusory Freedom

Jeremiah Igunnubole
barrister; legal counsel, ADF International; former senior crown prosecutor, Crown Prosecution Service

Sarah Phillimore
barrister; campaigner, Fair Cop; member, Bad Law Project

James Tooley
vice chancellor, University of Buckingham; author, The Beautiful Tree

CHAIR
Jacob Reynolds
partnerships manager, Academy of Ideas