New guidance a turning point for free speech at universities

Universities have been told they must meet a ‘very high bar’ before restricting free speech, in new guidance from the Office for Students (OfS).

The Higher Education (Freedom of Speech) Act, which the guidance relates to, will come into effect on 1 August and will require universities to promote freedom of speech or risk severe fines.

The OfS recently fined Sussex University £585,000, ruling that the university’s transgender policy had caused a “chilling effect” on the expression of lawful views on biological reality.

‘A central value’

The OfS’s Director for Freedom of Speech and Academic Freedom, Arif Ahmed, said: “The core mission of universities and colleges is the pursuit of knowledge. Free speech and academic freedom are fundamental to this purpose.

“Students need to know that they can freely share lawful views and opinions, and be prepared to hear a range of views as part of their studies. This includes things that they may find uncomfortable or shocking.”

The former Cambridge philosophy professor stated: “Freedom of speech should be something that everyone should be excited about. It’s a central value of our whole culture, without it you don’t have a proper functioning society.”

Prized and protected

Susan Lapworth, the watchdog’s Chief Executive, said: “The OfS is determined to ensure universities continue to be the essential places in society where academic freedom and free speech within the law are prized and given the utmost protection.”

Universities UK, which represents 141 institutions, welcomed the guidance, saying: “We strongly agree that universities must be places where free speech is protected and promoted.”

Professor Ian Pace, secretary of London Universities’ Council for Academic Freedom, commented on X: “I went into academia for a simple reason: because I *love* learning, and value a society founded upon learning. Sadly I have watched parts of [higher education] go in the opposite direction – aggressively policing orthodoxies. The new @officestudents guidance gives me real hope again.”

And Professor Abhishek Saha posted: “For those who cherish free speech above all, the world can be dark — laws, policies, institutions, and individuals often show scant regard for this keystone principle. Yet, there are days like today, when light pours forth. Thank you, Arif Ahmed, for this incredible guidance.”

‘Deeply disturbing’

The OfS released the results of a survey on free speech in higher education alongside the guidance.

The poll found that one in five academics do not feel free “to teach controversial topics”, rising to one in three who are “afraid to discuss them more generally, e.g. in external speaking engagements”.

It also found that: “A quarter (24%) of those who do not feel free in their teaching cite fear of physical attack.”

Dr Ahmed called the survey results “deeply disturbing”, and stated: “This cannot stand, and should concern vice-chancellors up and down the country.”