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A man investigated by police over a poem about transgenderism is launching a landmark High Court case to overhaul unfair police rules on hate crimes.

Harry Miller is to seek a judicial review of the hate crime guidelines followed by police forces across Britain, claiming they are unlawful because they inhibit freedom of expression.

He argues that the current guidance, published by the College of Policing in 2014, the body responsible for training officers, promotes the recording of incidents as hate crimes even when there is no evidence of hate beyond the opinion of an accuser.

Miller's legal team has highlighted a clause in the rules that state such incidents must be recorded by officers irrespective of any evidence to identify the hate element.

Miller is also challenging a decision by Humberside Police to record his re-tweeting of the poem as a hate incident -- despite officers concluding that no crime had been committed.

He was quizzed by Humberside Police in January after posting the verse about men who transition to be women, which included the lines: You're a man ... And we can tell the difference ... Your hormones are synthetic. He said he was dumbfounded by the exchange and furious when he found out that his sharing of the verse had been recorded as a hate incident.

Explaining his reasons for launching legal action, the businessman told the Mail on Sunday:

It is about the ability to have freedom of speech within the law and being allowed to have a debate without one group being able to call on the police to shut another group down.

Free speech is being closed down by a climate of fear and secrecy and the police are contributing to this Orwellian culture.

On Thursday, Danny Baker was sacked by BBC bosses for a tweet of a couple with a monkey tagged Royal baby leaves hospital.

The picture sparked 'outrage', with a few people branding it as racist because of Meghan's heritage. Baker quickly deleted it and described it as a stupid unthinking gag.

Scotland Yard said the force had received an allegation in relation to a tweet posted on May 8.

An allegation has been received by the Metropolitan Police Service on Thursday May 9 in relation to a tweet published on May 8.

As is routine, the allegation will be reviewed and assessed by specialist officers, the Met said.

Meanwhile the BBC wrote in response to a complaint:

Danny Baker, Radio 5 live, May 2019

We received complaints from some people unhappy with the image Danny Baker posted on his social media account , and also complaints from some who are unhappy that he will no longer be presenting on Radio 5 live.

BBC Response

Danny Baker's tweet was a serious error of judgment and goes against the BBC's values we aim to embody.

Danny is a brilliant broadcaster , however he will no longer be presenting a weekly show with us on Radio 5 live.

Offsite Comment: His tweet was dumb, but the reaction to it is chilling

10th May 2019. See article from spiked-online.com By Brendan O'Neill

Celebrity business man Alan Sugar has been investigated by police after being ludicrously accused of posting a 'racist' Twitter message.

He posted a photograph of a crying Chinese child to 3.2 million Twitter followers, joking that the youngster was upset after being told off for leaving Apple's iPhone production line, a reference to child labour in Asian factories where the phones are made. He tweeted:

The kid in the middle is upset because he was told off for leaving the production line of the iPhone 5.

The tweet prompted a single complaint to the Metropolitan Police from an easily offended Twitter user, who referred to Sugar as a vile racist .

No matter how ridiculous, and much police action infringes on free speech the police always consider that the complainer is always right. Police contacted the complainant twice, urging her to make a statement at a police station, which she eventually did. The police confirmed that police from Merseyside's Hate Crime Investigation Unit took several days to decide whether a crime had been committed by Sugar's joke.

In the end the trivial tweet was somehow classed as a hate incident -- which means no further action will be taken, but details will be kept on file.

The TaxPayers' Alliance condemned the police investigation, insisting police should not waste time and money chasing ill-thought-out tweets .