Academic freedom vs. free speech: A critical analysis of the Higher Education (Freedom of Speech) Bill

Abstract

Table of Statutes

1. Introduction

2. Freedom of Speech

2.1 Article 19 of the Universal Declaration of Human Rights (UDHR)

2.2 Article 10 of the European Convention on Human Rights (ECHR)

3. The legal and regulatory framework for freedom of speech in UK Universities

3.1 Section 43 of the Education (No. 2) Act 1986

3.2 Higher Education and Research Act 2017

3.3 Competing duties

3.4 Regulation of universities and student unions

3.5 The role of the Office for Students in promoting freedom of speech

4. Limitations upon speech in UK Higher Education

4.1 Equality Act 2010

4.2 Public Order Act 1986

4.3 Terrorism Act 2006

4.4. Prevent Duty

5. Recent factors affecting freedom of speech on UK campuses

5.1 No platforming policies

5.2 Disruptive protests

5.3 Safe spaces

5.4 Culture wars and political motivation

6. Anticipated consequences of the Higher Education (Freedom of Speech) Bill

6.1 Sanctions / fines from the Office for Students

6.2 Student unions sanctioned as separate legal entities

6.3 Statutory duty and civil claims

6.4 Risk assessments to mitigate civil claims

7. Conclusion

Bibliography

Thanks to Alex (student, Law) for their kind permission to use their work