‘We Are Heading for a Showdown’: Megyn Reacts to the New Scottish Hate Crime Law That Could Land JK Rowling in Jail

Joel C Ryan/Invision/AP

Today we find ourselves asking the question if J.K. Rowling may be going to jail. Her possible offense? Speaking the truth about gender ideology. 

The Harry Potter author lives in Edinburgh, Scotland, where a new law just went into effect on Monday criminalizing the act of “stirring up hatred” by speaking or behaving in a way that “a reasonable person would consider to be threatening, abusive or insulting.” 

Insulting? Yes, it is now criminal to insult someone in Scotland – at least if it might quote “stir up hatred.” Free speech is officially dead in Scotland.

Free Speech Abroad

Scotland, which is literally known for the physical and mental toughness of its people. It is a country famous for its never-ending gray and gloomy weather – in one area years ago they only got 36 minutes of sunshine in a month. Seriously, the Scots are bad-ass. This is the place where clans survived amidst harsh conditions and hostile enemies for centuries, becoming infamous for fighting on amidst savage and merciless hostilities. 

But that was then. Now, if their little feelings get hurt, someone is getting arrested and could go to jail for up to seven years? What are we doing?

The Scottish government says the law will protect against “hate and prejudice” without stifling expression. The BBC spoke to Victims and Community Safety Minister Siobhian Brown, who downplayed fears about the legislation. “I think there’s been a lot of misinformation,” she said before pointing out that the legislation “passed unanimously.” 

Speaking of misinformation, Ms. Brown, this abomination passed 82 to 32. There are far too many ‘yes’ votes, but 32 ‘no’ votes make it non-unanimous, my friend.

While Great Britain – which includes Scotland – already criminalizes stirring up hatred based on race, color, nationality, or ethnicity, the Scottish law adds transgender identity, sexual orientation, religion, disability, and age to the list. 

Women, notably, get no new protections. So, moms who are worried about autogynephiles (i.e. those who get sexually aroused by cross-dressing) changing in their daughters’ locker rooms and getting erections in their miniskirts can’t say a word about it without potentially facing criminal threat. 

Their status as women earns them zero special rights, despite the fact that 91 percent of victims of rape and sexual assault are female and nearly 99 percent of perpetrators are male. But if these males say they’re female, you see, you need to STFU and accept it or you’re the one who could be headed to prison in Scotland. This is madness.

The Repercussions

But wait, supporters of the legislation remind us that a defense to charges under this law is that one’s actions or speech was “reasonable.” Phew! So people arrested for spewing ‘insults’ – and by that we mean, saying fake women are really men – needn’t worry. 

After the embarrassment of an arrest (potentially for saying something in your living room and not even in the public square) and the expense of hiring an attorney, maybe a few nights in jail before the lucky ones bond out, you can go through the joys of a trial. Those include taking off work, being publicly dragged as a criminal, and letting a jury of strangers decide whether your speech was “reasonable.”  

What are you complaining about?! You see, they care very much in Scotland about hurting the feelings of trans people. Anyone else’s humiliation? They don’t give a damn.

Even misgendering someone – which means accurately gendering them – can land you in jail. Ms. Brown was specifically asked about this and said that “it would be up to the police to determine.” It doesn’t matter if you don’t believe in the transgender cult or not, you will say “she” for a 6-foot 6-inch, 280-pound man wanting to play on your daughter’s field hockey team. Don’t be so insensitive!

Is America Next?

Finally, a word about America. Right now, in most places, we are not arrested for speaking the truth about gender and biological sex no matter if someone finds it insulting. 

That’s why I can still say: Men cannot become women. Hes are hes, not shes. Those surgical wounds are not vaginas. Facial feminization will never make a man female. Men who play women’s sports are vile cheaters. Men do not belong in women’s bathrooms, locker rooms, sororities, prisons, or OB-GYN offices. Men cannot give birth. Chest feeding is child abuse.

But far too many blue states are coming dangerously close to Scotland. For example, California is suggesting hostile work environments result from “misgendering” a colleague. 

As of now, the U.S. Supreme Court is holding the line. It ruled last summer in the 303 Creative LLC v. Elenis case that governments may not compel speech by forcing citizens to speak messages they do not wish to speak.  

But make no mistake: We are heading for a showdown here, too, on this issue. And it’s imperative that we win.

You can check out Megyn’s full analysis by tuning in to episode 755 on YouTube, Apple Podcasts, or wherever you like to listen. And don’t forget that you can catch The Megyn Kelly Show live on SiriusXM’s Triumph (channel 111) weekdays from 12pm to 2pm ET.