Free speech in universities: a new guide for England and Wales

As readers of this blog know, the issue of freedom of expression in universities has frequently been in the news over recent years. It has been alleged repeatedly that university communities have become bad at ensuring that a variety of views on controversial topics can be expressed without hindrance, for example views that support conservative politics, or certain arguments regarding transgender matters.

This has prompted a new guide on freedom of expression in higher education in England and Wales, prepared by the Equality and Human Rights Commission and supported by a variety of organisations, including the UK government, Universities UK, and the National Union of Students.

The guide points out that higher education providers have a legal duty to protect freedom of expression, and that while some restrictions may be lawful, ‘the right to free expression should not be restricted just because other people may find it offensive or insulting’. It adds:

‘An intolerant point of view, which offends some people, is likely to be protected if it is expressed in a political speech or a public debate where different points of views are being exchanged and are open to challenge.’

Universities have found it difficult on occasion to balance free speech with the respect for those who find certain opinions offensive. It his however important for students (and indeed the wider society) to hear views with which they may disagree, or even disagree strongly. This does not of course mean, as some have suggested, that there is some sort of epidemic of intolerance in higher education, but it does mean that there is an issue here that needs attention.

Whether the guide will help institutions to navigate these tricky waters remains to be seen, but the guide does a good job of setting out both the legal obligations involved and the reasons for them. It should be welcomed.

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One Comment on “Free speech in universities: a new guide for England and Wales”

  1. Vince Says:

    That freedom is the very foundation of democracy. And ANY attempt to compel or censor speech and expression generally should be resisted.
    Did you know the Arts Council and official ireland on foot of the policy to erace 1916 has continued it to the war of independence and civil war. Idiots.


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