Graham Linehan's Speech Must Be Defended

The U.K. does not have the First Amendment, however. In Britain, the authorities have broadly criminalized threatening, insulting, and abusive language that causes harassment. Linehan's X posts may very well violate the relevant laws: the Communications Act of 2003 and the Online Safety Act of 2023.

And that's a bad thing, as Linehan's case clearly demonstrates. He possesses views on this subject—that trans women are not women and should steer clear of women-only spaces—that are strongly held by millions of people. He ought to be able to make his case, using crude humor and provocative language as he pleases. This is almost a textbook example of how even small and reasonable-sounding exceptions to an overall free speech–maximalist position will end up creating openings for political censorship: Hate is subjective, and when the government has the power to criminalize it, the authorities will almost certainly do so in broad strokes.