Bill of Rights Debate

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WEDNESDAY 12th FEBRUARY, 2025
THE BIG BILL OF RIGHTS DEBATE: A UK Bill of Rights Would Not Protect Free Speech
With Professor JAMES ALLAN and PRESTON BYRNE
Is it time to argue for a British Bill of Rights that could enshrine free speech and freedom of expression in law in a more robust way?
Many free speech enthusiasts envy the USA’s First Amendment. Passed in 1791, this foundation stone of the Constitution enshrines as a ‘primary value’ that ‘Congress shall make no law… abridging the freedom of speech or of the press’. This simple clarity has acquired great historical and patriotic significance and those concerned about Britain’s free speech crisis often crave such a foundational protection against each new encroachment on our right to free expression.
However, there are plenty of sceptics who argue that constitutional reform over here would not shore up the defence of free speech. Rather, they argue, we should reinforce the principles of English common law whereby that which is not expressly illegal, is a freedom to be enjoyed by each individual. Giving greater power to judges, lawyers and courts, they say, is disempowering of us, the demos.
The Free Speech Union brought together two opposing speakers to bring this vital debate to life.
One of our provocative debaters, Professor James Allan of Queensland University, says no, we cannot trust lawyers and judges to protect our fundamental freedoms -- in a healthy democracy, social conflicts and competing ideas need to be thrashed out in the political arena.
In the opposing corner was Preston Byrne. Preston has advised Internet and social media companies on global free speech and censorship issues since 2018 and argues that the time is right to introduce a US-style First Amendment into UK law.
 
ABOUT THE SPEAKERS
James Allan is Garrick Professor of Law at The University of Queensland, with special interest in legal and moral philosophy, constitutional law and bills of rights. He has previously taught in New Zealand, the USA and Hong Kong, but was born in Canada and practised law in Toronto and in London. Professor Allan he is opposed to bills of rights and has been actively involved in the efforts trying to stop one from being enacted in Australia. He sets out his stall in his latest book, The age of foolishness: a doubter's guide to constitutionalism in a modern democracy (published 2022). He also writes for The Australian, The Spectator Australia, Quadrant and the Daily Sceptic.
Preston Byrne is a Senior Fellow of the Adam Smith Institute, Adjunct Professor at Fordham Law School and Managing Partner of Byrne & Storm, P.C. He has advised Internet and social media companies on global free speech and censorship issues since 2018. In 2020, he wrote a paper for the Adam Smith Institute, Sense and Sensitivity: Restoring Free Speech in the United Kingdom, and a draft law, the UK Free Speech Act, which would create a First Amendment-style free speech right for the UK. He is dual-qualified in England and the United States.