𝓤𝓷𝓲𝓽𝓮𝓭 𝓝𝓮𝔀𝓼

When US Vice President JD Vance told last year’s Munich Security Conference that he feared free speech was in retreat in Europe, much of the media and political class reacted with shock and horror. “If I understood him correctly, he is comparing conditions in parts of Europe with those in authoritarian regimes,” commented German defence minister Boris Pistorius. “That is unacceptable, and it is not the Europe and not the democracy in which I live and am currently campaigning.” Mr Pistorius added that “in our democracy, every opinion has a voice”.

Well, I wonder what he would say about today’s Supreme Court ruling in Finland, in which Christian parliamentarian Päivi Räsänen was criminally convicted on “hate speech” charges for a pamphlet she wrote for her church in 2004. His idealistic words about European democracy ring hollow in light of the reality of today’s egregious censorship, which is a watershed moment for free speech in Europe and around the world.

A member of the Finnish parliament for over 30 years, Päivi is a grandmother and medical doctor who formerly served as the country’s Minister of the Interior. In 2019, she shared her Christian views on sexual morality in a post on Twitter (now X).

She criticised the decision of the Finnish Lutheran Church, of which she is a member, to sponsor a Pride event and included an image of a Bible verse from Romans. The post sparked a criminal investigation, three subsequent charges, and six years of criminal prosecution.

In addition to being charged for the tweet, Päivi was charged for a 2019 radio debate and a 2004 church pamphlet. Lutheran bishop Juhana Pohjola was charged alongside her for publishing the pamphlet for their church.

Despite being unanimously acquitted on all charges in two lower courts, the Finnish state prosecutor appealed the case to the country’s Supreme Court, where Päivi and the Bishop were tried last October.

The Supreme Court unanimously upheld the acquittal for her Bible tweet, but, in a narrow 3-2 decision, today convicted Päivi and the Bishop for “hate speech” on the basis of the decades-old church pamphlet.

The conviction is under the “war crimes and crimes against humanity” section of Finland’s criminal code. Päivi’s acquittal for the radio debate also stands, as that was not appealed.

Both Päivi and Bishop Pohjola were accused of “agitation against a minority group”, when all they did was share their beliefs in the public square, which is their clear right under both Finnish and international law.

This is not about whether you agree with their views, but about whether peaceful expression and debate should be subjected to criminal prosecution in a free society.

Their conviction is the result of a concerted and deeply misguided desire on the part of the state prosecution to relentlessly take action against Päivi for her peaceful expression. The verdict is a loss for every person that values the basic right to speak freely.

It is right and just that Päivi’s acquittal for the Bible-verse tweet and radio debate have been upheld. But the rigour with which the state pursued the case shows how far Western societies have moved toward policing views. Dissenting opinions are treated as grounds for arduous legal ordeals and, as evident now, criminal conviction.

This conviction once again lowers the definition of “hate speech” to peaceful expression that neither incites violence nor hatred, according to the Court’s own reasoning. This is a dark day for Europe, with dire implications for free speech around the world. Notably, the pamphlet was authored years before the law under which Päivi was prosecuted was passed, and was written for her church in the context of Finland considering redefining marriage.

In a striking act of censorship, the Court ordered that the impugned statements be “removed from public access and destroyed”. If a decades-old church pamphlet can be erased by judicial decree, then no one who has ever shared a belief in the public square is beyond reach.

This is not confined to one case or one set of views. It signals that any expression, however old or peaceable, can be revisited, judged and suppressed.

Ask yourself: what have you written over the years? A blog post, a comment, a pamphlet for your church or school? Under a standard like this, even the most ordinary expression could become the basis for criminal investigation.

Across Europe and the UK, the winds of censorship are gathering strength. Too many in the UK face the prospect of similar treatment. The idea that peaceful expression can lead to criminal investigation or even a permanent criminal record is indefensible. This must be stopped.

Paul Coleman (@Paul_B_Coleman) is a solicitor and Executive Director of ADF International, which coordinates the legal defense of Päivi Räsänen and Bishop Juhana Pohjola. He is the author of “Censored: How European “hate speech” laws are threatening freedom of speech”.