March 10 – In what was viewed as a vital test case in terms of freedom of expression, charges have been dropped against three Tottenham Hotspur fans who were facing prosecution for chanting the word ‘Yid’ at matches despite almost certainly using the term in a non-derogatory way.
Well-meaning Spurs fans – not all of them but a good number – have for years used chants like ‘yid’ and ‘Yid Army’ not as term of abuse but exactly the opposite: as a badge of honour, identity and pride towards a club who are renowned for their large Jewish supporter base. However, Jews who do not follow Tottenham Hotspur view such language as, at best, insensitive and at worst racist and three supporters were accused of a public order offence for using the term, which is widely considered to be anti-semitic.
However, magistrates were told the expression could not legally be considered “threatening, abusive or insulting” in the circumstances.
A Crown Prosecution Service spokesman said: “We have decided that, although the same words used in other contexts could in theory satisfy the criteria for ‘threatening, abusive or insulting’, it is unlikely that a court would find that they were in the context of the three particular cases in question.
“We have therefore concluded that there is insufficient evidence for a realistic prospect of conviction. This decision has no bearing on any other cases that may be brought to our attention and all cases will be considered on their own facts and merits.”
Last year prime minister David Cameron said he did not think Spurs fans should be sanctioned for using the term unless it was “motivated by hate”.
For decades Tottenham fans have been subjected to vitriolic and racist hissing noises – intended to mimic the sound of gas chambers – perpetrated by fans from rival clubs. Ironically, however, it was three of Tottenham’s own fans who were accused of inappropriate behaviour – before the charges were dropped.
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