Freedom of Speech Act to Prevent University Cancel Culture Diluted by No. 10

The law to protect freedom of speech in universities was announced early last year by Sir Gavin Williamson, the former education secretary, following a series of rows over the so-called “cancellation” of academics and students above their ideas.

They include Dr Heather Brunskell-Evans, who was not put on stage by university students at King’s College London after discussing transgender issues on a radio show, and Prof. John Finnis, an Oxford law professor who was called upon to van to be relieved of his post because of his views on homosexuality.

Professor Kathleen Stock, Professor of Philosophy, resigned from the University of Sussex after what she described as a “witch hunt” over her views on transgender issues.

Baroness Barran, secretary of state for the Department of Education, wrote to colleagues on Wednesday that the statutory tort amendments – which gives academics new powers to sue universities in the Higher Education (Freedom of Speech) Act – were tabled after the government had “listened attentively” to arguments in the Lords.

On Thursday, the government insisted it remained committed to free speech, saying suggestions that the bill was watered down were “nonsense”.

A spokesman said: “All core provisions of the bill remain as they always have been, to strengthen protections for freedom of expression in higher education. It was always our intention that the tort should be used as a last resort.”

The bill retained the power to create a new role of “Director for Freedom of Speech and Academic Freedom” in the Bureau for Students, who will oversee a free complaints mechanism.

Ministers urged to ‘hold back’

Sir John Hayes, the Tory MP who chairs the Common Sense Group and is scrutinizing the bill in the House of Commons, said he will “appeal to ministers to remain calm in defense of free speech”.

He said: “I had already warned the Secretary of State and ministers about the risk of watering down the bill and it would be very disappointing if the government were to capitulate to the forces of darkness, especially at a time when the attack on freedom of expression has been emphasized. by means of Chimamanda Ngozi Adichie in the Reith Lectures.”

Ms Adichie, the Nigerian author, warned this week that she is concerned that society is suffering from an “epidemic of self-censorship”.

Conservative peer Lord Moylan said the amendments would undermine “one of the few effective measures the bill contains for the protection of academics and for the protection of freedom of expression”.

The amendments follow opposition to the bill in the House of Lords from colleagues, including Lord Willetts, the former Conservative Universities minister, who said the creation of a new statutory tort that would allow academics to sue universities would “make it risk of duplicating the functions of the Office for Students and unnecessary extra costs for universities”.

The Russell Group had urged the government to either scrap the tort or amend the legislation to ensure complaints procedures at the Office for Students are “exhausted” before civil claims are made.

It argued that this would ensure that the new laws add a “genuine extra layer of protection for individuals who are concerned about freedom of expression and who have suffered a loss”.

Currently, academics and students can apply for a judicial review if their rights are violated – but this costs hundreds of thousands of pounds, which is not feasible for most professors or students.

The amendments were tabled before the bill returns to the House of Lords for the report stage next week.

‘Crushing blow’ to the protection of freedom of expression

Dr. Julius Grower, an associate professor of law at the University of Oxford, said the amendments were a “crushing blow to the protection of academic freedom of expression”.

He said: “It will be difficult for academics whose academic freedom is violated to show monetary loss. In fact, one will not be worse off if one is forced to stay at home and watch television instead of traveling somewhere to give a lecture.

“Consequently, the number of academic freedom violations that this clause will ultimately protect is minimal. But non-platforming and cancellations will continue.”

Toby Young, founder of the Free Speech Unionsaid: “If the government amends the bill so that students and academics can only sue their universities in district court for violating their freedom of expression duties after exhausting all other avenues, it will be neutered.”

A government spokesman said: “The Student Bureau will be able to impose sanctions, including fines, on any university that fails to fulfill its duty to protect its students, staff and guest speakers.

“Should individuals wish to take further action after exploring other available avenues, they can still file a claim in court.”