Freedom of Speech and Academic Freedom Policy

This section defines key parameters such as 'free speech,' which entails the right to express opinions without censorship; 'academic freedom,' allowing scholars to pursue knowledge without interference; 'hate speech,' defined as language that incites violence or discrimination; and 'censorship,' referring to the suppression of ideas. These definitions form the foundation of the institution's dedication to promoting free speech and academic freedom. The scope of this policy encompasses all students, staff, and visiting speakers, outlining their rights to express views and engage in discourse while emphasising the responsibility to do so respectfully and constructively. This fosters an inclusive environment for diverse perspectives.

The School’s commitment to free speech also includes a responsibility to identify and manage serious risks, including those relating to radicalisation, extremist expression, or other safeguarding concerns. Where events, visiting speakers or online academic content give rise to such risks, they are reviewed in accordance with the School’s Prevent and safeguarding frameworks. This ensures that free expression is protected within a safe and legally compliant environment.

The School acknowledges its legal obligation to take all reasonably practicable steps to secure freedom of speech within the law. To fulfil this, the School applies the following three-step framework when assessing any measure or decision that might affect speech or expression:

• Step 1: Is the speech lawful (‘within the law’)?
• Step 2: Are there reasonably practicable steps to secure the lawful speech?
• Step 3: If not, are any restrictions prescribed by law and proportionate under human rights law?

Where lawful speech is affected, the School will actively seek to enable it unless doing so is impractical due to safety, legal, or operational considerations. Any decision to restrict lawful speech will be taken only after careful consideration of all alternatives in line with this framework.

The School affirms that decisions affecting speech, including the approval of events, speakers, or academic content, will be made without discrimination based on the viewpoint expressed. The unpopularity, offensiveness, or controversy of an opinion shall not justify restricting lawful expression.

This policy safeguards and advances academic freedom, enabling scholars to pursue knowledge without interference and challenge established beliefs. Academic staff are encouraged to propose new ideas and express controversial views, provided their actions do not violate English legal limits or institutional regulations. Understanding definitions such as 'hate speech' and 'censorship' is critical to recognising the boundaries within which academic freedom operates.

Academic staff shall not be subjected to any detriment, including dismissal, denial of promotion, or other adverse treatment, based on their lawful expression of ideas, including controversial or unpopular opinions, within the scope of academic freedom. The School commits to upholding these protections as fundamental to fostering an environment of rigorous and independent academic inquiry.

The School recognises that academic freedom does not extend to unlawful speech, including harassment as defined by the Equality Act 2010. However, exposure to ideas that some may find offensive, uncomfortable, or challenging does not, in itself, constitute harassment and shall not be restricted.

This policy recognises that free speech is fundamental to the academic environment. However, freedom of expression can sometimes be offensive or disturbing. To balance the rights and freedoms of individuals, the School will support civil debate by implementing measures that encourage respectful and constructive discourse within the academic community. The School is committed to preparing students with the skills necessary to critically analyse and engage with challenging ideas, equipping them for future challenges.

Where it becomes necessary to impose restrictions on speech or protest, such restrictions will be proportionate, narrowly tailored, and focused on regulating the time, place, and manner of expression rather than its content or viewpoint. The School is committed to ensuring that such measures do not unlawfully suppress lawful free speech.

The School maintains a clear distinction between protecting lawful free speech and addressing unlawful conduct, such as incitement to hatred, violence, or harassment. Support for civil debate includes tolerating lawful, even if controversial, speech while taking appropriate action against unlawful behaviour.

Each year, based on this policy, the Executive Committee will implement steps to enforce free speech and civil debate principles. The Committee will set objectives in the annual plan that promote respectful debate and critical thinking. Resources will be allocated, and milestones established for training programmes that engage individuals with diverse and challenging ideas, including workshops on free speech and academic freedom for staff and students. Additionally, procedures will be integrated into the operational plan to balance freedom of speech with well-being support, ensuring adequate resources for both areas. Clear processes for addressing disputes related to free speech and academic freedom, including informal and formal resolution channels, will be established. Annual reviews will ensure compliance with legal standards, and policy updates will be communicated to the academic community, incorporating feedback into the planning process. This includes reviewing whether any events or content triggered safeguarding or Prevent Duty procedures, and whether those risks were managed proportionately and in accordance with policy.

To ensure compliance with the Prevent Duty and uphold the principles of freedom of speech and academic freedom in a safe and lawful manner, the School provides targeted training for staff and students involved in organising or approving events. This applies to all events held on campus, off campus, or online, where the School is directly affiliated, branded, or funding the activity.

The training supports consistent and informed decision-making by equipping individuals with the knowledge to apply the School’s External Speakers and Events Policy, which is founded on the principles of safeguarding, proportionality, freedom of expression, and fairness.

Participants are trained to:

1. Assess the risks associated with external speakers or event content, including reputational concerns, security risks, and alignment with the Prevent Duty.

2. Apply the School’s External Speakers and Events Policy, with practical guidance on submitting proposals using the designated approval form, completing the risk checklist, and adhering to required notice periods (e.g. 10 working days for higher-risk events). The training explains approval roles and escalation procedures, and how decisions are made in line with the policy’s core principles.

3. Escalate concerns to the Prevent Lead where there are indicators of risk that may require further assessment, advice, or referral.

4. Balance safeguarding and freedom of speech, ensuring that decisions are evidence-based, proportionate, and do not unnecessarily restrict lawful expression.

5. Address the specific risks of online and asynchronous events, including moderation, recording, and managing access.

The training is reviewed and updated annually to reflect legal guidance, sector expectations, and developments in delivery formats. It is mandatory for staff with responsibilities for student events, communications, or public engagement, and recommended for student organisers. The Prevent Lead provides ongoing support to departments, ensuring the policy is applied fairly, consistently, and in accordance with the School’s Prevent risk assessment and action plan.

The School will ensure that any disputes relating to free speech or academic freedom are resolved through clear, transparent, and timely procedures. Both informal and formal mechanisms will uphold the principles of fairness, respect for due process, and protection of lawful expression.

The School will regularly review its policies and procedures in light of evolving legal guidance, sector best practice, and feedback from the academic community to ensure ongoing compliance with the Higher Education (Freedom of Speech) Act 2023, the Equality Act 2010, and Prevent Duty obligations.

Oversight of freedom of speech and academic freedom matters is the responsibility of the Executive Committee, which regularly reviews policy implementation and compliance. The Committee:

• Monitors free speech-related incidents and responses.
• Ensures training and guidance are effectively delivered to staff and students.
• Receives reports on external speakers and event approvals.
• Provides clear escalation routes for concerns related to free speech or academic freedom.