The Free Speech Union (FSU) is supporting a retired Special Constable who is suing Kent Police for wrongful arrest after being detained over a tweet warning about rising levels of antisemitism.
As first reported by The Telegraph, Julian Foulkes, 71, who served Kent Police for ten years as a volunteer officer, was arrested at home by six officers, held in a police cell for eight hours, and issued with a caution. His alleged offence? Replying to an X post from an account that dismissed Suella Braverman’s description of London’s regular pro-Palestinian protests as “hate marches” and threatened legal action if labelled antisemitic.
In response, Julian warned that antisemitism at these marches could escalate, and referenced the mob in Dagestan that had recently stormed an airport hunting for Jewish passengers. His tweet read: “One step away from storming Heathrow looking for Jewish arrivals…” He later acknowledged the tweet would have been clearer had it begun “What next? You are…”, but said the warning should have been obvious from context.
Unfortunately, not to the Met’s Intelligence Command – a unit focused on extremism and terrorism – which flagged the post to Kent Police, citing “concerns around online content”. The tweet had received just 26 views.
The next day, officers arrived at Julian’s home, equipped with batons and pepper spray. His house was searched, devices seized, and a caution issued – something Kent Police has since conceded was a mistake, admitting it was “not appropriate in the circumstances and should not have been issued”.
Body-worn camera footage captured the search in disturbing detail.
“Very Brexity things,” murmurs one officer while scrutinising the pensioner’s bookshelves and finding The War on the West by Douglas Murray. Then, glancing at a Eurosceptic tome on Britain’s entry to the Common Market in the 1970s, she remarks: “That’s a little odd.”
Officers also rifled through private items, including newspaper clippings about the death of Foulkes’s daughter Francesca, who was killed in a hit-and-run by a drunk driver in Ibiza 15 years ago.
His surviving daughter now lives in Australia. His greatest fear while being held in police custody was that a criminal record might prevent him from visiting her – which is why, despite having done nothing wrong, he felt compelled to accept a caution.
“My life wouldn’t be worth living if I couldn’t see her,” he told The Telegraph.
“I didn’t agree, but I felt I had no choice,” he added. “In hindsight, it would never have gone to court. The CPS wouldn’t touch it with no evidence. But I wasn’t thinking logically at the time.”
He said the ordeal had left him with post-traumatic stress-type symptoms and had “trashed” his memories of volunteering for the force.
“It’s like PTSD. You push it to the back of your mind, but it comes back and you relive it,” he said.
Foulkes’s police record was only deleted after he engaged Matthew Elkins, director of Legisia Legal Services. Elkins told The Telegraph: “This case highlights a need for the police to take stock, and to make freedom of expression their starting point – our freedoms won’t be taken from us suddenly, but by the quiet and gradual criminalisation of our conscience.”
On Sunday, Mr Foulkes accepted an offer from the FSU to fund a legal challenge against Kent Police for wrongful arrest and detention.
“The FSU and Lord [Toby] Young have generously agreed to fully fund a lawsuit against Kent Police,” he said. “I’m extremely grateful for such excellent support and would urge anyone concerned about the sustained attack on free speech to please join the FSU. They’re fighting hard every day for all of us.”
Lord Young of Acton, the FSU’s co-founder and General Secretary, said: “He should not have been arrested, he should not have been locked in a cell for eight hours, and he should not have been cautioned.
“Kent Police have acknowledged they made a mistake and expunged the caution, but that isn’t good enough. They now need to pay Julian substantial compensation and, with help from our legal team and a top solicitor in the form of Luke Gittos, we’re going to make sure he gets it.
“Kent Police need to understand that if they put people through this kind of ordeal merely for exercising their right to lawful free speech, there will be serious consequences. They need to stop policing our tweets and start policing our streets.”
Help fund Julian’s legal fight and hold Kent Police to account – click below to donate.
The FSU is currently supporting several high-profile free speech cases. This month it overturned a six-match ban handed to women’s footballer Cerys Vaughan, who had asked a “bearded” opponent if they were a man.
This week, it will support Lucy Connolly’s sentencing appeal at the Royal Courts of Justice. Mrs Connolly, the wife of a Conservative councillor, is serving 31 months in prison for a social media post calling for hotels housing asylum seekers to be set on fire.
Since the last general election, FSU membership has more than doubled, to nearly 30,000. We now have 28 staff, including a five-strong legal team, and handle around 250 active cases – 65 of which involve live legal proceedings.
