Education Secretary Gavin Williamson, introduced new legislation that will allow academics, students or visiting speakers who are no-platformed to sue universities for compensation where they feel they have suffered because of free speech infringements.
As part of the government’s manifesto commitment to protect free speech and academic freedom in universities, a new free speech condition is to be imposed on universities in order for them to be registered and access public funding. The Office for Students (OfS), the higher education regulator in England, would have the power to impose fines on institutions if they breached the condition.
The new legal duties will extend to student unions for the first time and will mean they too have to take steps to ensure lawful free speech is secured for members and visiting speakers. Under the plans, universities would be legally required to actively promote free speech.
Announcing the measures, the Education Secretary said: “Free speech underpins our democratic society and our universities have a long and proud history of being places where students and academics can express themselves freely, challenge views and cultivate an open mind.
“But I am deeply worried about the chilling effect on campuses of unacceptable silencing and censoring. That is why we must strengthen free speech in higher education, by bolstering the existing legal duties and ensuring strong, robust action is taken if these are breached.”
In his justification for this law, Williamson cited an incident where a postgraduate social work student from the University of Sheffield was expelled for making homophobic comments. Felix Ngole, 41, shared a post in September 2015 saying “I stand with Kim Davis”, a reference to the Kentucky county clerk who was jailed for refusing to issue marriage licences to same-sex couples.
He also commented on the link quoting a bible verse from Leviticus calling homosexuality an “abomination”.
Ngole said he was lawfully expressing a traditional Christian view and complained that university bosses unfairly stopped him completing a postgraduate degree.
A spokesperson from the University of Sheffield at the time, said: “ for students studying on courses that lead to professional registration, we have a responsibility to look at how any concerns raised could impact a student’s fitness to practise once registered.
“Fitness to practise committees use national professional guidance and often need to consider a student’s insight and consideration about their chosen profession. This case was therefore not part of the University’s standard disciplinary procedures or about its support of freedom of speech.”
In response to the new government proposals the University and College Union (UCU) general secretary, Jo Grady, said to The Guardian:
“It is extraordinary that in the midst of a global pandemic the government appears more interested in fighting phantom threats to free speech than taking action to contain the real and present danger which the virus poses to staff and students.
“In reality the biggest threats to academic freedom and free speech come not from staff and students, or from so-called ‘cancel culture’, but from ministers’ own attempts to police what can and cannot be said on campus, and a failure to get to grips with the endemic job insecurity and managerialist approaches which mean academics are less able to speak truth to power.”
Lily Grimshaw, SU Women’s Officer said to Forge Press:
“Sheffield Students’ Union already has robust policies and procedures in place which support freedom of speech, and seek to balance this with freedom from harm, in line with our obligations under charity law.
“We are committed to providing a forum for debate and discussion, including controversial and political topics. Each year we facilitate a diverse range of student-led speaker events so that our members encounter differing opinions to broaden their view of the world.
“Our building has been the home of lively student debate for years, and I hope that this new policy does not distract from other serious priorities which we know are affecting students at the moment, including the impacts of a global pandemic on their university experience and a growing mental health crisis.”
A spokesperson from the University of Sheffield, said: “The University of Sheffield is committed to upholding freedom of speech within the law. We promote a culture of respectful debate where our students and staff can hold, express and challenge a wide range of views, something that is fundamental to students’ educational experience and a crucial part of academic excellence.”
Image: Pippa Fowles
