Maya Forstater and the Streisand Effect

In 2003, Barbra Streisand brought a case against a photographer who published an aerial photo of her beachfront mansion. While the photographer maintained that he was documenting coastal erosion in California, Streisand did not want members of the public to see where she lived in so much detail. Yet, as a consequence of the suit, the number of views of these pictures rocketed from six to 420,000. Streisand’s approach backfired so badly that it coined the term ‘the Streisand Effect’ — making the photos in question, one of which is showcased above, famous in the process.

This moniker is apt today, with the news that Maya Forstater has won her appeal over her unfair dismissal from the Center for Global Development. A year and a half ago, Forstater was told that her gender critical view — that “sex is real, immutable and important” — was “not worthy of respect” in a democratic society. By consequence, gender critical thought was placed in the same category as Nazism or other forms of totalitarianism, excluded from the legal protections afforded by the Equality Act.

Today, Forstater’s successful appeal overturns this judgement: as Forstater reiterates, “no-one can be forced to profess a belief they do not hold — like trans women are women, trans men are men — and punished if they refuse.” But imagine Forstater had not lost her original case. Not only would this precedent in law be absent: JK Rowling might not have intervened in the gender debate. After all, it was what happened to Forstater which motivated Rowling to speak out.

Activists: be careful what you wish for. If Forstater hadn’t been sacked, the protection in UK law of gender critical views would still be unsettled. And those arguing for a more realistic conversation about gender-questioning kids wouldn’t have another feather to add to their (witch’s) hat.

Image credit: Kenneth & Gabrielle Adelman, California Coastal Records Project