Earlier quoted context omitted.
The Felony Treason Act 1848 is still on the books. Sure, a couple of Lords may have said that expressing anti-monarchist sentiment won't be punished, but where is the line drawn? [1] Can you be transported to Australia for poking the Duchess of Cornwall with a stick? What about shouting "Off with their heads!" at the Prince of Wales? [2] The absence of a constitutional guarantee of free speech, and the persistence of…
Can you be transported to Australia for poking the Duchess of Cornwall with a stick? What about shouting "Off with their heads!" at the Prince of Wales? No, and no. The British constitution is not a computer program applied by an automaton; issues are decided by experienced judges who, above all else, apply common sense. (The British constitution isn't even self-consistent: The supremacy of parliament is absolute, bu…
I don't think that anyone will be convicted of Felony Treason. No one thinks that James Hewitt will be put to death under the Treason Act of 1351. This doesn't make the existence of such laws any less absurd or offensive.
In the US, there seems to be a proud tradition of using archaic or seldom applied laws to harass those who fail to show deference. (For example, jaywalking as a pretext for a walking-while-black offense, or wiretapping for filming police brutality.) We might as well keep a clean house to forestall that sort of nonsense.
Edit: There's also the matter of British libel law and the jurisdiction shopping that it encourages as a mechanism for harassing those who might exercise their speech rights.