Freedom Lawyers Propose New Speech Bill for the UK

A coalition of freedom lawyers is pushing forward with a new speech bill aimed at overriding decades of laws that they feel stifle freedom of expression in the UK, essentially crafting a version of the First Amendment for the British populace.

“Freedom of speech doesn’t really exist in Britain—not in the way it does for Americans,” said a collective of Anglo-American lawyers while presenting the Freedom of Speech Bill through Classical Liberals, according to reports from the Adam Smith Institute. They argue that with the current authoritarian trends in Britain looking to expand their reach international, combined with London’s efforts to limit the speech of American citizens and businesses, now is the time to dismantle what they call “Britain’s intricate censorship system.”

This grassroots initiative, which will be available to British political parties willing to advance it through Parliament, seeks to recognize and safeguard the fundamental right to free speech, aiming to limit the powers of public institutions when it comes to infringing on legitimate expressions.

The proposed legislation aims to set a clear legal framework for free speech—something that, at present, is muddled and often subject to the interpretations of police and judges, a situation that has been felt quite acutely. This would involve repealing several long-standing laws that have severely restricted freedom of speech over the years.

The bill identifies 13 laws that it would either fully repeal or partially amend, reaching back to the Obscene Publications Act of 1959. It particularly criticizes the Public Order Act 1986, the Communications Act 2003, and the Online Safety Act 2023, all of which can criminalize certain speech and potentially lead to jail time or significant fines. Activists frequently invoke these laws in legal battles against their political adversaries.

Preston Byrne, an American attorney who played a role in drafting the Free Speech Act to protect Americans from British internet speech laws, noted that “Britain is arresting, prosecuting, and convicting people for merely expressing nonviolent, controversial opinions.” He asserted that Britain’s government appears dissatisfied with simply censoring its own citizens.

“Through Ofcom, the UK’s censorship authority, Britain is exporting its censorship model worldwide. For the sake of the British public and the international community—particularly the US, which has been a recent target of British censorship—this regime must be dismantled,” Byrne added.

The situation reflects a broader trend; data suggests that around 12,000 individuals in the UK are arrested yearly for communication-related offenses. A recent poll revealed that 42% of Brits often hold back from sharing their true opinions on contentious issues.

Both the Adam Smith Institute and Byrne have long advocated for a better free speech environment in the UK. In 2020, they published a report suggesting the incorporation of a First Amendment into the U.K. Constitution amid growing concerns over increasing repression of speech.

“Britain has placed public discourse in the hands of those who can easily take offense, individuals who can threaten their fellow citizens with fines and prison time for simply expressing unpopular views or engaging in uncomfortable conversations. A right to only make inoffensive comments isn’t much of a right at all,” they noted.

Instances of free speech violations have been documented extensively. In January 2021, Britain’s police chief told the public that “now is really not the time” for freedom of speech following a wave of arrests. Later that year, eleven individuals were detained for making remarks after England’s football team lost a critical match. Such policing of online comments was characterized by one chief constable as a necessary response to what they deemed “abhorrent comments” that people hide behind their social media profiles.

In 2022, for instance, a lawyer found himself under threat of job loss after facing backlash for expressing that he felt free speech was eroding,, particularly due to the role of Islamists and certain Muslim groups. Even without police action, it highlighted how many professionals in the UK must navigate strict speech codes to keep their licenses—and livelihoods—intact.

Further examples abound. A man was sentenced to community service for a tweet, while the government pressured Elon Musk to maintain stringent content moderation on Twitter regarding “legal but harmful” posts. Police also arrested a British Army veteran for posting an inflammatory meme about the LGBT community, suggesting he required “re-education.” In another instance, individuals were cautioned against “misgendering” a convicted pedophile.

The British government has shown reluctance to acknowledge any speech-related issues. Current Prime Minister Sir Keir Starmer has frequently asserted that freedom of speech in the UK is robust and fiercely protected, a claim that many critics find hard to believe.