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He was accused of sedition and arrested and tried under the Treason Felony Act of 1848.
The Treason Felony Act 1848 has been the subject of repeated legal confusion this century.
The Human Rights Act 1998 enshrines freedom of expression, outweighing the provisions of Treason Felony Act, the Lords noted.
The Ministry of Justice said: "Section 3 of the Treason Felony Act 1848 has not been repealed.
In his letter, he argued the Treason Felony Act breaches article 10 of the European convention, the right to freedom of expression.
Mr Robertson believes the courts may use this power to limit the scope of the Treason Felony Act so it complies with the right to freedom of expression.
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CEO of Professional Science Editing for Scientists @ prosciediting.com