Freedom of Speech Act: How to Get It Right

The Higher Education (Freedom of Speech) Act imposes new duties on higher education providers to protect “free speech”. Moreover, universities will be required to prepare a “Code of Practice” setting out their approach to protecting speech and will be vulnerable to private law claims from disgruntled speakers.

But the 2023 Act is not the only game in town.

Universities have powers and duties to protect marginalised communities, protest rights, criticism, and academic quality (including under the Equalities Act 2010, Human Rights Act 1998 and in common law). These are equally important and must be balanced against the new 2023 Act requirements.

This free seminar, with Dr Sam Fowles, will identify the key legal duties and offer strategies for balance. Sam is a member of Cornerstone’s Public Law team is experienced at advising public bodies on rights balancing questions, drafting policy, and defending public bodies in private law claims.

Sam has argued many of the most significant freedom of speech matters of recent years (including the Clapham Common Inquiry and Nicolson v The Speaker of the House).