Telegraph columnist Allison Pearson has announced she will take legal action against Essex Police after their “utterly wrong” probe.
The decision comes after police visited her home on Remembrance Sunday and placed her under criminal investigation for a tweet criticising policing of Pro-Palestine marches.
Pearson described the experience as “shocking and utterly wrong as well as preposterous” in a new article for the Telegraph.
Her case has reignited debate about police handling of online speech and so-called non-crime hate incidents.
Pearson described the experience as “shocking and utterly wrong as well as preposterous”
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The Crown Prosecution Service quickly confirmed there was “no case” against Pearson under the Public Order Act.
Pearson’s single tweet had criticised what she called “two-tier policing” of Pro-Palestine marches.
She described experiencing “suicidal thoughts” during the period when her name appeared in headlines alongside words like “racist” and “hatred”.
Despite knowing she had “done nothing wrong”, Pearson said “the rising tide of dread takes its toll” on those subjected to such investigations.
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The College of Policing has suggested renaming non-crime hate incidents (NCHIs) in response to public “confusion” partly triggered by Pearson’s case.
Pearson called this “Orwell Squared” – a “sinister sanction on free speech” simply rebranded with a different name.
The Free Speech Union estimates 65 NCHIs are recorded by police every day across Britain.
Pearson argues the public isn’t confused about NCHIs but “appalled they exist at all” – questioning why records of subjective “hostility” that fall short of crimes can still appear on background checks.
Helen Jones, a 54-year-old grandmother, was visited by two plain-clothed officers from Greater Manchester Police over Facebook posts about a local councillor.
Jones had suggested Cllr David Sedgwick should resign after unpleasant comments were spotted in a Labour WhatsApp group.
Her posts, described as “perfectly legitimate” and “notably restrained”, were made in closed Facebook groups.
When Jones asked if she had committed a crime, the officer admitted she hadn’t but said they were “just giving advice”.
Two plain-clothed police officers visited Jones’s house to caution her about her online postsX / GB NewsJones now says she is “terrified to ever post on social media again”.
Harry Miller, a former police officer, won a landmark legal challenge against Humberside Police in 2020 over alleged transphobic tweets.
The High Court ruled that police had “disproportionately interfered with his right to freedom of expression”.
Justice Julian Knowles emphasised that free speech “included not only the inoffensive but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative”.
Despite this ruling, Pearson claims police forces have “doubled down” rather than ending the practice of investigating lawful speech.
Prime Minister Keir Starmer has felt pressure to state that police “should police crimes not tweets”.
Lord Toby Young, founder of the Free Speech Union, described police home visits as “particularly sinister”.
“It feels awfully like something you’d expect to happen in the German Democratic Republic, not the birthplace of freedom of speech,” he said.
Miller warned that someone might eventually “end up killing themselves following one of these knocks on the door”, adding: “I know I came very close to it myself.”
Pearson agreed, noting she had similar thoughts during her ordeal.
Pearson compared her case to that of Dr Menatalla Elwan, an Egyptian NHS doctor who “glorified the terrorist attacks by Hamas” in tweets.
Despite this, Dr Elwan won a legal challenge against deportation because it breached her right to freedom of expression.
She cited a serving Essex Police officer who urged her to “fight this nonsense” claiming “hate is a growth industry in policing”
PA
Pearson questioned why police didn’t investigate Dr Elwan for inciting racial hatred.
“Is it because, like Helen Jones and Harry Miller, I am white, British, law-abiding and therefore fair game for a justice system that rates diversity above freedom?” she asked.
Pearson said she decided to take legal action after “a lot of soul-searching” despite the additional stress it would cause.
She cited a serving Essex Police officer who urged her to “fight this nonsense” claiming “hate is a growth industry in policing”.
“Those of us with the strength and mental fortitude to hold these t—s to account have an obligation to do so,” Miller told her.
Pearson concluded with a commitment to defend free speech: “If liberty means anything at all it means the right to tell people what they do not want to hear.”