18 October 2012

Citizens and Pseudo-Citizens

Conor Gearty

Equal treatment under the law only really works when not everybody counts as human. The classical Athenians enjoyed their freedom behind a franchise firewall that kept most people out; the parliamentarians of John Locke’s time accorded each other equal respect but contrived to notice no one else. The truths held to be self-evident by the founding ‘fathers’ of the United States a couple of generations later only applied to rich white men. During the 19th century, British labour activists and Irish nationalists found the law to be good at protecting the Salvation Army and anti-nationalist rabbles, but not so good (entirely absent actually) where their own activities were concerned. In 1925, the home secretary, William Joynson-Hicks, defended an egregious prosecution of Communists by explaining that they had not been engaged in the ‘right kind of freedom of speech’. Fascists could march but protests by unemployed workers were brutally broken up.