Protecting free speech and academic freedom in universities

Cram, Ian; Fenwick, Helen

doi:10.1111/1468-2230.12366

Protecting free speech and academic freedom in universities

Cram, Ian; Fenwick, Helen

Authors

Ian Cram

Professor Helen Fenwick h.m.fenwick@durham.ac.uk
Professor

Abstract

Restrictions on speaking events in universities have been created both by recent student‐led efforts at ‘no‐platforming’ and by Part 5 of the Counter‐terrorism and Security Act 2015 which placed aspects of the government's Prevent strategy on a statutory basis. The statutory Prevent duty in universities includes, under the accompanying Guidance, curbing or monitoring events that could have an impact in drawing persons into terrorism. This article places the combined impact of Part 5 and student‐led curbs on campus speech in context by juxtaposing pre‐existing restrictions with the various free speech duties of universities. Focusing on speaking events, it evaluates the resulting state of free speech and academic freedom in universities. It finds potential violations of established free speech norms due to the impact of pre‐emptive strikes against some campus‐linked speech articulating non‐mainstream viewpoints. But it also argues that not all such speech has a strong foundation within such norms.

Citation

Cram, I., & Fenwick, H. (2018). Protecting free speech and academic freedom in universities. Modern Law Review, 81(5), 825-873. https://doi.org/10.1111/1468-2230.12366

Journal Article Type	Article
Acceptance Date	May 16, 2018
Online Publication Date	Aug 31, 2018
Publication Date	Sep 1, 2018
Deposit Date	Jun 20, 2018
Publicly Available Date	Aug 31, 2019
Journal	Modern Law Review
Print ISSN	0026-7961
Electronic ISSN	1468-2230
Publisher	Wiley
Peer Reviewed	Peer Reviewed
Volume	81
Issue	5
Pages	825-873
DOI	https://doi.org/10.1111/1468-2230.12366
Keywords	Prevent’ duty, student no-platforming policies, universities, Article 10 ECHR, Counter-terrorism and Security Act 2015, Human Rights Act, speech values

Files

Accepted Journal Article (539 Kb)
PDF

Copyright Statement
This is the accepted version of the following article: Cram, Ian & Fenwick, Helen (2018). Protecting free speech and academic freedom in universities. Modern Law Review 81(5): 825-873, which has been published in final form at https://doi.org/10.1111/1468-2230.12366. This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.