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Capital Midlands News
It’s the fifth day of an appeal to lift a protest ban around primary school in Birmingham - today we’re expecting closing arguments from both sides
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
Defendant Mr. John Allman has denied using a homophobic slur in court towards a witness earlier in the hearing - saying that under his breath he said “well done mate” and was mid-heard by the witness in question.
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Capital Midlands News 18 Oct 19
Replying to @AndertonPark
Mr. Allman’s lawyer Mr. Paul Diamond is putting forward his argument about social media restrictions included in the high court injunction. Justice Warby tells him the restrictions are not to stifle free speech, but to prevent harassment of staff.
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
Mr. Diamond says the injunction grants the headteacher the “unique privilege” of being exempt from abuse from everyone in the country.
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
He continues: “The truth of the matter is that no criminal offenders has been committed here. There is no right not to be offended. There is no right to not disagree with any way someone tweets. There is no right not to be abused.” ...
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
... Mr. Justice Warby interjects: “But there is a law against harassment - which is one of the issues of this case which has not been resolved.” To which Diamond responds: “It is not the place of the law to enforce civil discourse though.”
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
Mr. Diamond and Justice Warby discuss the line between ‘abuse’ and ‘harassment’ - and Diamond adds that the injunction against ‘persons unknown’ with no geographical boundary is unrealistic: “Birmingham City Council could in theory take action against someone in Paris”
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
Diamond: “People will always talk past each other with religious speech.” Justice Warby: “Is your case that because of the special circumstances of religious speech there is no course for the court to categorise one piece of speech or another as abuse?”
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Capital Midlands News 18 Oct 19
Replying to @John_Allman
Mr. Diamond concludes, prompted by his client to read from his witness statement: “All will be compelled to enforce severe self censorship if this injunction is granted. The council wants to intimidate would-be citizen journalists.”
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Capital Midlands News 18 Oct 19
Replying to @CapitalMidsNews
Defence barrister Mr. Ramby De Mello is addressing specific points of law for the judge to consider - including the right to assembly, and freedom of speech - and the law surrounding dispersal of protests.
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