TFTC Podcast #697: The Legal Fight Against UK Online Censorship with Preston Byrne
Date: December 22, 2025
Host: Marty Bent
Guest: Preston Byrne (Attorney, Free Speech Advocate)
Episode Overview
This episode centers on the escalating legal and legislative battle against online censorship efforts originating from the UK, EU, and beyond—specifically their attempts to impose extraterritorial speech controls on American companies. Marty Bent hosts Preston Byrne, a US and UK-qualified attorney deeply active in defending online free speech, notably representing platforms like 4chan and Kiwi Farms against the UK’s new Online Safety Act. The discussion dives into recent lawsuits, legislative countermeasures, the philosophical and legal divide between American and European speech laws, and the broader ramifications for the future of the Internet.
Key Discussion Points
1. Background: Why Free Speech on the Internet Is Under Threat
- UK and EU Censorship Push: New laws (UK Online Safety Act, EU Digital Services Act) apply not only domestically but claim enforcement over US-based websites.
- Initial Targets: Smaller, US-hosted platforms (4chan, Kiwi Farms, Gab, and Sassu) were “soft targets” for UK authorities to set a precedent.
- American Legal Resistance: Byrne and his clients contend that complying would erode the First Amendment online, triggering not just global censorship but a dangerous legal precedent.
“The principle here is that American civil rights on the Internet require defending, and that's so important that we cannot give an inch to the United Kingdom on this front.” – Preston Byrne [07:50]
2. The Lawsuit Against Ofcom and the Granite Act
A. The Legal Challenge (DC Federal Court)
- Ofcom’s Moves: Ofcom issued fines and compliance demands to US platforms, delivered via email—not proper legal service per US or international law.
- Main Arguments:
- Ofcom orders are not validly served under US laws and international treaties.
- Enforcing them would breach First, Fourth, and Fifth Amendments.
- Update: UK argues sovereign immunity (no American court jurisdiction); lawsuit also aims to show Congress why new federal law is needed.
“If you want to get an American to do something, you cannot just send them a letter from overseas. You have to serve them with legal process.” – Preston Byrne [16:43]
B. The Granite Act: A Legislative Solution
- Shield: Foreign orders violating US constitutional rights are unenforceable; US agencies barred from assisting.
- Sword: Americans gain the right to sue foreign censors for triple damages; would strip sovereign immunity in these cases.
- Purpose: To deter foreign governments from even attempting to threaten or fine US-based entities for protected speech.
“It's not designed to create a lucrative practice suing foreign governments... It is designed to deter foreign notices from ever being sent in the first place.” – Preston Byrne [25:23]
3. The Different Philosophies of Free Speech (US vs. UK/EU)
- UK/Europe: Subjective standards—speech can be banned for being “grossly offensive” or “insulting,” as determined by officials or cultural norms.
- US: Content neutrality is a constitutional requirement; speech regulated based on character (e.g., true threats) not content.
- Byrne’s UK Free Speech Act Proposal: Would implement a US-style, principle-driven framework, repealing large swathes of UK speech-restrictive laws.
“Free speech in the UK... exists the way they define it, but it doesn't exist the way Americans define it.” – Preston Byrne [30:36]
- Example Case: Quran burning in London—protected in the US; prosecuted in the UK due to “insulting” content.
4. Big Tech vs. Small Platforms: Strategic Positioning
- Small platforms (like 4chan): Entirely US-based with no overseas assets—can refuse foreign demands outright.
- Large firms (e.g., X/Twitter, Google, Facebook): Global assets make them more vulnerable to foreign government fines and enforcement.
- Granite Act would help all: By creating US government resistance and countersuit options, even for multinationals.
“A law that protects a tiny American company should also protect a big one in exactly the same way.” – Preston Byrne [41:43]
5. The NGO/“Super Complainer” Problem
- Foreign models outsource censorship: NGO researchers (“super complainers”) flag content to regulators, who then pressure or fine US entities.
- US Precedent: NGOs like the Center for Countering Digital Hate (CCDH) already campaign for deplatforming in the US, sometimes in concert with foreign states.
“They do the targeting... they point to the target, the regulator listens to the NGO, they launder it... then use that to paint a picture.” – Preston Byrne [57:03]
6. Political Climate and Prospects for Change
- US: Growing federal attention, bipartisan legislative movement (especially after change in administrations).
- UK: Populace largely apathetic, but a growing minority may soon prompt reform. Byrne is optimistic of major changes within the next five to ten years, especially if reform-oriented parties take power.
- The “Peter McCormack for PM” Tangent: Both agree that prominent Bitcoin podcaster Peter McCormack, now a local political activist, exemplifies new civic engagement—and Byrne half-jokes he could be future Prime Minister.
“For most people, the First Amendment doesn't really... operate on a daily basis...[but] the censorship has gotten bad enough that you probably have 25 to 30% of the British population that now thinks free speech is a critical national issue.” – Preston Byrne [67:45]
7. Calls to Action & Closing Thoughts
- Lawyers: Take pro bono free speech cases; reach out to Byrne for collaboration.
- Public: Engage, retweet, contact representatives, follow advocacy groups (FIRE, NetChoice), and prepare to support federal legislation when available.
- Optimism: “We are winning and we are going to win.” – Preston Byrne [86:04]
Notable Quotes & Memorable Moments
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“[Americans] have to take it seriously... we can’t allow [foreign censorship tactics] to spread into the States.” – Preston Byrne [75:11]
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“If you want to censor us, you’re going to have to land ground troops on the East Coast and seize the servers by force.” – Preston Byrne [09:31]
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“The humiliation is the point... we're sending them Pepe memes because they're not treating it seriously.” – Preston Byrne [49:06]
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“Ultimately if it's federal legislation... I’m very, very, very confident that a fix along [Granite Act] lines is coming.” – Preston Byrne [20:39]
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“It may not seem like it, but we are winning and we are going to win.” – Preston Byrne [86:04]
Timestamps for Key Segments
- [01:03 – 09:00] Byrne’s background and overview of the UK/EU censorship push
- [09:00 – 13:21] Legislative and executive momentum in the US; The Granite Act and emerging shield laws
- [15:21 – 21:40] The DC lawsuit: service of process, sovereign immunity issues, legislative signaling
- [22:22 – 29:00] Granite Act details and strategy; enforced deterrence against foreign censorship
- [30:34 – 39:09] Speech regulations in the UK, real-world cases, US constitutional comparison
- [39:09 – 44:00] Big tech vs. small platforms and implementation challenges
- [45:11 – 52:00] Potential for bifurcated Internet; why Europe launders censorship through tech companies
- [52:07 – 60:06] NGO problem and super complaints; personal experiences with targeted deplatforming
- [60:06 – 67:45] UK Free Speech Act proposal; time horizons and the path to legislative change
- [67:45 – 74:05] Will and apathy among the UK public; Peter McCormack as a symbol of political awakening
- [74:05 – 79:00] Climate for free speech activists in the UK; risks and self-censorship
- [81:33 – End] Calls to action; encouragement for continued activism and optimism for future successes
Summary
This episode provides a comprehensive, inside look at the emerging battlefield of transnational Internet speech regulation—offering clarity on the unique American constitutional protections at stake, the contrasting approach of European governments, the tactical and strategic legal response from US lawyers and advocates, and the potential to fundamentally reshape the global Internet’s legal landscape. Byrne’s pragmatic optimism, humor, and deep experience make the conversation inspiring and high-value for listeners concerned about the future of free expression online.
End message:
“It may not seem like it, but we are winning and we are going to win. So watch this space.” – Preston Byrne [86:04]