Education Secretary Faces High Court Over Free Speech Act Suspension

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Education Secretary Bridget Phillipson is facing legal action after her decision to delay the Higher Education (Freedom of Speech) Act, designed to shield academics from so-called "cancel culture." This legislation, aimed at safeguarding freedom of speech on university campuses, was paused just days before it was scheduled to take effect in August, sparking significant controversy and a pending High Court judicial review.

 

The Free Speech Union (FSU), a group advocating for the rights of academics and students, has challenged Phillipson's actions, claiming they were unlawful and violated protections for individuals with particular beliefs, including those with gender-critical or minority political views. The FSU argues that Phillipson lacked the authority to halt the Act through a ministerial statement alone, asserting that any potential repeal of the law should involve Parliament, not the executive branch. In granting permission for the judicial review, a High Court judge stated it was in the “public interest” to resolve the issue swiftly. The judge emphasized that even if Phillipson’s intention was merely to “pause” the Act, it may have been insufficient under the Equality Act 2010, which requires that significant impacts be fully assessed.

 

Phillipson's decision has ignited a wave of criticism from academics. The Higher Education (Freedom of Speech) Act had aimed to establish a new complaints system allowing students, staff, and guest speakers to seek compensation if they were unjustly "cancelled" on campus. Additionally, it would have granted the Office for Students (OfS) powers to end universities' overseas partnerships if found to impede free speech, particularly addressing concerns about potential foreign interference in academic settings. This legislation followed several high-profile incidents where academics claimed they were “cancelled” for their views. Notably, philosophy professor Kathleen Stock resigned from Sussex University in 2021 after facing severe backlash for her views on transgender issues.

 

The Act’s supporters argue that the legislation is vital to counter a growing culture of silencing dissenting voices. Many academics have voiced concerns over its suspension. David Abulafia, a historian at Cambridge University, described the current situation as “intolerable,” remarking, “What is a university if it is not a place where you can exchange ideas?” Similarly, Michelle Shipworth, an associate professor at University College London (UCL), expressed concern about the influence of foreign students on academic freedom, sharing that Chinese students had pressured her to drop a module on her course after they took issue with its content. “Without this Act, our Chinese students will continue to suffer in silence, and the very essence of a British education will be stifled,” Shipworth stated.

 

At a recent debate held at City, University of London, opinions about the Act were divided. While some saw the Act as essential for safeguarding free speech, others criticized it as part of a "far-Right agenda" intended to fuel culture wars. Akua Reindorf, a barrister and Equality and Human Rights Commissioner, rejected such claims as “depressing” and “pure guilt by association,” adding, “Freedom of speech is the fundamental human right…without freedom of speech, we cannot advocate for our other human rights.”

 

Phillipson has maintained that universities should not become “political battlefields” and expressed concerns that the legislation might expose students to harmful or hateful speech on campuses. A source close to the Department for Education (DfE) noted that a decision on the Act’s future is expected by autumn, but the timing leaves open the question of whether the judicial review could proceed if the Act is repealed beforehand.

 

A DfE spokesperson commented, “We are absolutely committed to freedom of speech and academic freedom, but the Free Speech Act introduced last year risks imposing serious burdens on our world-class universities. We paused implementation of this legislation so that we can consider next steps and ensure that we protect everyone’s best interests.”

 

Based on a report by Daily Telegraph 2024-11-04