Legal challenge over university free speech law

Free speech campaigners are planning to sue the UK Government after it decided to scrap legislation aimed at curbing 'cancel culture' on university campuses.

The Free Speech Union (FSU) is considering a judicial review against the government, citing concern that academics will lose free speech protections without the law.

A flagship policy of the Conservative government, the Higher Education (Freedom of Speech) Act would have required universities and colleges to actively promote free speech.

Academics and students would also have had an official mechanism to raise complaints if they felt their speech rights were being eroded, with a regulator empowered to act.

In a pre-action protocol letter, the Free Speech Union said Education Secretary Bridget Phillipson’s decision to axe the legislation was "unlawful". The letter states:

"The Secretary of State was not entitled to act as she has done because she opposes the legislation or its policy. Any repeal of the legislation is a matter for Parliament not the executive".

The FSU also accused Ms Phillipson of acting unlawfully by removing protections for "people of certain protected groups”, including "gender critical persons" and those with "minority political views".

In the months before the universities free speech law was passed, there was heated debate on whether it is the right way to ensure better free speech in education settings.

The Government said the law would see universities hit by costly legal action, and create a platform for "hate speech" on campus that would disproportionately impact Jewish students.