A free speech checklist for universities

Free speech has become a pressing issue in UK higher education. The last and current governments have recognised this. Many believe that universities have taken free speech for granted and only become concerned about it when individuals are attacked for their viewpoints. The “banned list” maintained by Academics for Academic Freedom (AFAF) contains more than 200 names of individuals who have been censored and attacked for their views. This list would not exist if universities had actively promoted free speech.

The Office for Students (OfS) now offers guidance about the duty to promote free speech as outlined in the Higher Education (Freedom of Speech) Act 2023. 

• Collection: Higher education’s role in upholding democracy
• Universities must stop tiptoeing around debate – appoint free speech champions
• Changing campus protests from disruptions to learning opportunities

While many universities in England waited for this guidance to appear, some took things into their own hands. They revised their free speech policies, introduced free speech complaints procedures and appointed free speech officers. Universities should not be cautious or compliant, or just wait to be told what to do by the regulator in a typically bureaucratic fashion, but should celebrate and champion free speech.  

Here are 12 examples of how any university in the UK and beyond can promote free speech. 

1. Policy publication: provide a link to your institution’s freedom of speech code/policy on the university’s home page.
2. Dedicated web page: create a dedicated free speech landing page with links to all relevant documents in one place.
3. Student union cooperation: require student unions to adopt and uphold the university’s free speech code/policy.
4. Events organisation: organise a free speech stand and event at Freshers’ Week. This could be an open debate on the topic of “What is a university for?”
5. Training: ensure that staff receive information and training relevant to their roles on the law relating to free speech and its protection, and that students are also provided with appropriate guidance and training on this law.
6. Public debate: organise an annual public debate on issues relating to free speech, academic freedom and the role of a university.
7. Financial support: bear the cost of venue hire and security for approved debates and other events organised by academic staff. Once an event is approved, the university must not charge organisers for security except in exceptional circumstances.
8. Institutional neutrality: adopt the “Kalven Principle” of institutional neutrality. This means that neither universities nor faculties should take a position on political and social issues. This principle applies to adopting the policies and positions of partisan organisations.
9. Staffing: appoint at least one individual as a free speech champion to be the internal advocate for free speech and academic freedom. This person should have the responsibility to ensure that the university complies with its legal obligations. They should be a champion with a history of support for free speech. We recommend a part-time post (0.5 FTE), so the champion remains a working academic.
10. Complaints: establish a free speech complaints procedure for staff, students and visiting speakers who feel their free speech rights have been contravened.
11. Social media: end the practice of monitoring staff social media accounts to identify “unacceptable” or “offensive” opinions. Anything reported as “offensive” should be triaged quickly and, except in extreme and exceptional circumstances (clearly defined by the university), dismissed.
12. Reporting: produce an annual public report on how the university has promoted, and will continue to promote, freedom of speech. 

Just do it!

This is a version of a list that resulted from discussions between the major free speech organisations in the UK:

• Academics for Academic Freedom
• Alumni for Free Speech
• Committee for Academic Freedom
• Student Academics for Academic Freedom

It has global applicability and academics, students and managers in any university can use it to consider how far their university openly and publicly supports free speech.

Dennis Hayes is the director of Academics for Academic Freedom and an emeritus professor of education at the University of Derby.

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