The Supreme Court of Finland has found a Parliamentarian guilty of ‘hate speech’ over a pamphlet expressing a traditional understanding of sex and marriage while also acquitting her for expressing a related sentiment in a tweet of a biblical verse critiquing homosexual conduct.

In a narrow 3–2 decision, Päivi Räsänen, along with Lutheran Bishop Juhana Pohjola, has been criminally convicted for publishing “a text that insults a group”. Räsänen once served in the Finnish Government.

Finland’s highest court fined her €1,800—giving her a criminal record—and ordered the offending passages destroyed and removed from the internet.

Writing in First Things, Robert Clarke of law firm, ADF International, said the entire framework of hate speech is undermined as there is no clear standard distinguishing criminally liable speech:

“Eleven judges across three levels of the Finnish judiciary spent over six years trying to locate the line. They could not agree. The Helsinki District Court acquitted Räsänen unanimously on all charges in 2022. So did the Court of Appeal in 2023. Then the Supreme Court split 3–2. Its own rapporteur, the senior lawyer who delivers a formal recommendation to the justices, concluded that all charges should be dismissed. Two of the five justices agreed; three did not”.