Freedom of Speech and Academic Freedom in Higher Education in England

Abstract

This article considers the context, development, and significance of the Higher Education (Freedom of Speech) Act 2023. The Act was relatively unusual in aiming to increase the normative strength of freedom of speech. The central justification given for the Act was the need to respond to an increasing number of interferences with free speech and academic freedom occurring at universities. The growth of a "cancel culture" was having a "chilling effect" on students, staff, and visiting speakers. The article examines a range of high-profile cases and incidents that have attracted political and media attention. Many of these have concerned contemporary debates related to trans issues and identity politics. The issues discussed in the article are of wider international interest. Similar controversies have been experienced in universities in other states. The article makes comparative reference to developments in the field in the United States, Canada, Australia, and New Zealand. The article examines the perceived issues and evidential bases for the Act, reviews the legal duties, and analyzes the key legal concepts. It considers these in terms of compatibility with the European Convention on Human Rights (1950). It concludes by addressing three thematic issues: (i) a Model Code; (ii) challenging university ideologies; and (iii) securing cultural change.