This blog is part of a short blog series on freedom of speech, and practical implications for universities. This is based on this information we have about university expectations to date, including the Office for Students’ (OfS) Insight Brief: Freedom to Question, Challenge and Debate.
Yesterday’s blog discussed the ‘objective harassment’ test, and why it is difficult to objectively consider such a subjective issue.
The second issue is in relation to invited speakers and how universities will decide ‘whether the proposed speech is lawful’. On this, the OfS Insight Brief sets out an example of a student society inviting a speaker to an event. It states that the University should consider:
- Whether the proposed speech is lawful – for example, could it amount to harassment, noting the objective element of the test for harassment? Speech that is offensive and hurtful, but lawful, is protected.
- Having ‘due regard’ to the need to achieve the different elements of the Public Sector Equality Duty.
- Having ‘due regard’ to the need to prevent people from being drawn into terrorism, while having particular regard to the need to secure free speech.
- What reasonably practicable steps the university or college can take to secure free speech within the law for its students.
