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Notes -
ECHR
She could file a complaint with the ECHR, and under Scottish law the government would have to consider their decision, sure. But it would be as meaningless as appealing to the King for a royal pardon (and about as likely).
Hate speech (which the ECHR admits is vaguely or broadly defined) or any speech that runs contrary to the “fundamental principles” of the ECHR is explicitly considered exempt from Article 10 (free speech) protection.
Not only that, but the ECHR has a history of rejecting challenges to hate speech convictions, especially those relating to LGBT issues. For example, here’s the ECHR affirming the conviction of an Icelandic national for calling LGBTQ people “sexual deviants”.
Rowling would not win her case there, an appeal to the ECHR would be appealing to a body around which the Scottish government essentially bases much of its social policy.
I'm not sure how the case would go, the point was that she could still appeal to it.
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