Education Secretary Bridget Phillipson is set to face legal action over her decision to delay the Higher Education (Freedom of Speech) Act, just days before it was due to come into effect.
The Act, designed to protect academics and students from “cancel culture” on campus, now faces an uncertain future after Ms Phillipson expressed her intentions to repeal it.
In a significant legal twist, the Free Speech Union has been granted permission to challenge Ms Phillipson’s decision in the High Court, with a judicial review hearing scheduled for January 23.
The group accuses Ms Phillipson of unlawfully removing protections for individuals with certain “protected characteristics” under the law, including those with gender-critical views or minority political perspectives.
The Union’s case argues that Ms Phillipson lacked the authority to shelve the Act through a simple ministerial statement, insisting that any decision to repeal such legislation must rest with Parliament, not the Education Secretary alone. A High Court judge underscored the public interest of the case, asserting that even if Ms Phillipson’s intention was to “pause” the Act, her method may fall short of legal standards set by the Equality Act 2010.
Phillipson’s decision sparked outrage from the academics, who said the Act was crucial to upholding free expression in British universities.
In August the Conservative Post reported 460 UK academics had already signed a letter demanding the Labour Education Secretary to reinstate the Conservative’s free speech legislation arguing that neglect of it has led to widespread censorship.
In their letter the academics stated: “Free speech duties on universities have long been neglected, despite being enshrined in law” and that it is wrong of Labour to suggest “there is no ‘free speech problem’ in UK universities”.
The letter said: “Hundreds of academics and students have been hounded, censured, silenced or even sacked over the last 20 years for the expression of legal opinions… This state of affairs has serious consequences for all of us.”
The shelved Act promised to create a new complaint scheme enabling students, staff, and guest speakers to seek compensation if they were unfairly “cancelled” on campus. It also included measures to curb foreign interference, granting the Office for Students power to terminate university partnerships with overseas entities that violated free speech duties.
With the judicial review looming, the Government’s approach to free speech in academia faces both legal and public scrutiny, as debate intensifies over the balance between protecting expression and avoiding unnecessary restrictions on British universities.
More to follow.
Visit the Free Speech Union here.
Photo licensed under the United Kingdom Open Government Licence v3.0.
