As the culture wars continue to rage, barely a week goes by without some public figure being dismissed for allegedly infringing social norms. From Harvard’s Ronald Sullivan to Roger Scruton, Jordan Peterson to the young researcher Noah Carl, pressure from progressive activists is leaving reputations severely damaged following charges of racism or sexism. Many of these cases, in my view, are travesties that constrict the sphere of freedom, fairness and reason in society. They are based on panic rather than logic and evidence. But how should we judge between these cases and others where the outrage is more justified?
In my book Whiteshift, I argue that we need a moral jurisprudence that mirrors our legal body of rulings to decide whether individuals are ‘guilty’ of ethical transgressions and what the severity of punishment should be. At present, this is decided in a Hobbesian war between competing interests and ideologies, with the strongest faction getting its way. Punishment typically consists of a unitary sentence of sacking and excommunication.
Much better, surely, would be a rational approach, which seeks empirical evidence of harm, consistent precedent-based sentencing of individuals across time and place, and principles whose conclusions flow from their premises. After all, even if the law upholds rules such as innocent until proven guilty or freedom of expression, when institutions such as universities, government bodies or corporations shift from a ‘reasonable person’ to a ‘most sensitive person’ standard, and fail to calibrate their penalties to the severity of the offence, we collectively become less free, fair and rational. A virtual Supreme Court or online nonpartisan Task Force could act as the relevant body to which plaintiffs may appeal in the quest to clear their name or reduce their sentence.
I conducted a small survey on the recent case of Danny Baker as a trial run for how such a panel might work. The Radio 5 Live host was sacked a fortnight ago after posting a ‘joke’ on Twitter entitled ‘Royal Baby leaves hospital’ showing two well-dressed adults with a chimpanzee. He tweeted it on the same day Prince Harry and Duchess Meghan Markle presented their new baby Archie in public. The connection between the African-American ancestry of Meghan and the racist trope of a chimpanzee doesn’t need much explanation. Baker argues that he was lampooning press coverage of the royals, hadn’t clocked that the baby was mixed race and just clipped the nearest image to hand. When the connection was pointed out, he swiftly deleted the tweet and apologised profusely.
The BBC fired him. While the police do ‘not consider that a criminal threshold has been met’ and have dropped their investigation against him, there are still moral questions at stake. Should he have been fired? Should he ever be given a position in public life again? What are the free speech implications? Baker argues that the BBC threw him under a bus by firing him, and its bosses behaved in a cowardly way.
The Evidence
The survey was conducted through the online opt-in platform Prolific, which, like Amazon’s Mechanical Turk, is heavily used by academic researchers. Those taking part were asked to read a news story about the incident, then respond to a series of questions. The sample size of 200, split equally between White British (excludes white Europeans) and Black British (both African and Caribbean) respondents, combined with its opt-in nature, means the data are not nationally representative, so claims about levels of sentiment must be treated with a grain of salt even as studies find that opt-in platforms don’t differ greatly from national samples.1
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