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Law Cases
Constitutional Law Cases
Freedom of Political Expression Cases

Whitehouse v Lemon [1979] AC 617

Country:
United Kingdom
By Oxbridge Law Team
Lord Scarman
Lords Edmund-Davi...

  • Defendant published a magazine containing a blasphemous poem and the jury convicted them of blasphemous libel.

  • The HL dismissed their appeals and the MAJORITY asserted that for blasphemous libel the mens rea needed was an intent to publish material which a jury held to be blasphemous, i.e. it may not have been the publisher’s purpose to offend Christians or degrade Christ - it was sufficient that the jury held that this was the effect of a deliberate act by Defendant.

Lord Scarman

  • Described it as:

A blasphemous libel is matter calculated to outrage the feelings of Christians.

  • He says that it should be extended to all religions and says that it is crucial for religious feelings to be tolerated and protected from offence in a pluralist society.

Lords Edmund-Davies and Diplock (NB the minority)

  • Argue that as a matter of policy, the HL should construe the mens rea as subjective intent/recklessness as to hurting the feelings of Christians.

  • NOT merely intending to publish material that a jury later decide is blasphemous. 

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