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Investigation: Freedom of speech

5th Mar 2010

Rosa McMa­hon & Micaela Win­ter inves­ti­gate what can and can­not be dis­cussed on uni­ver­sity grounds

Which voices can be heard on cam­pus? Photo: Lucy Percival

‘I do not agree with what you have to say, but I shall defend to the death your right to say it’.

Increas­ingly uni­ver­sity cam­puses are faced with deci­sions regard­ing ques­tion­ably con­tro­ver­sial speak­ers. We are no longer sim­ply con­cerned with what is said, but also who says it, and the forums in which voices are heard. Such issues have cer­tainly encour­aged us to define free­dom of speech, and ques­tion if it is uncon­di­tional within our aca­d­e­mic space.

Do I have the right to speak?

The Uni­ver­sity of Cam­bridge has recently been crit­i­cised over a society’s deci­sion to can­cel a speaker, fol­low­ing protests and a fear that Var­sity News­pa­per reported that it ‘led to incite­ments of racial ten­sion’. Sim­i­larly, on our cam­pus, dis­ap­proval has come from deci­sions to allow, most recently, Pales­tin­ian aca­d­e­mic Dr Azzam Tamimi to speak, despite approx­i­mately 1,200 sig­na­to­ries against his pro­posed talk. The Uni­ver­sity should be the very place for debat­ing issues of impor­tance to stu­dents. Indeed, for stu­dents to make informed deci­sions, a range of voices need to be heard. How­ever this leads us to ques­tion where the limit of free­dom of speech is deci­phered, and if such def­i­n­i­tions lead to cam­puses becom­ing a plat­form for artic­u­lat­ing intol­er­ance, and extreme polit­i­cal views. We now must rede­fine what we deem to be tol­er­ant, and ques­tion indi­vid­ual lib­er­ties in a plu­ral­is­tic, lib­eral society.

Ben Cur­tis and Alex Green, founders of the Face­book group ‘Keep Birm­ing­ham Uni­ver­sity Hate Free’, and opposers to Dr Tamimi speak­ing on cam­pus, believe ‘fun­da­men­tally in the prin­ci­ple of free speech’, but say there is ‘a limit, and a line you should not cross’. How­ever, it is a dif­fi­cult task locat­ing where that line is and this is where com­pli­ca­tions arise con­cern­ing uni­ver­sity policy.

Some believe debate and cen­sor­ship are not a healthy part­ner­ship in the realms of acad­e­mia. A mem­ber of the Islamic Soci­ety, who wished to remain anony­mous, stated: ‘I really feel that, espe­cially in an edu­ca­tional set­ting such as a uni­ver­sity, we need to leave peo­ple the free­dom to debate and dis­cuss and organ­ise, even if we fun­da­men­tally don’t agree with what they think. The only way which we can come to dif­fer­ent views is by hear­ing those of others’.

Whose Law?

Uni­ver­sity life can be like liv­ing in a bub­ble, a par­al­lel world to wider soci­ety, a micro soci­ety if you will. Whereas in the wider world we have var­i­ous inter­est groups, on cam­pus we have soci­eties. These expres­sions of dif­fer­ing inter­ests make our Uni­ver­sity diverse and stim­u­lat­ing. The Uni­ver­sity added that they ‘host many vis­i­tors and events every year’ and that they them­selves are ‘a com­mu­nity of 150 nations’. On cam­pus do we remain part of the wider law of the land or, within the stu­dent body, are we able to make and define our own set of demo­c­ra­tic policies?

Some uni­ver­sity mem­bers we spoke to felt that the law was applic­a­ble to all insti­tu­tions and there­fore, free­dom of speech should exist on cam­pus, just as it does else­where. When speak­ing to Fabian Neuner, Pres­i­dent of the Guild, he stressed that there is a fun­da­men­tal dif­fer­ence between the Uni­ver­sity as an insti­tu­tion and the Guild. Draw­ing from this dis­tinc­tion he stated: ‘The Guild is a mem­ber­ship organ­i­sa­tion and so tech­ni­cally a pri­vate mem­bers’ club. Who we invite to speak in our Guild is up to us, there­fore I think free­dom of speech is never absolute. To clar­ify, as far as I can recall the Guild has never pre­vented a speaker from talk­ing on campus’.

The after­math of Dr Tamimi’s speech brought about the ques­tion of who can, and should, come to speak on cam­pus. A plu­ral­is­tic soci­ety the­o­ret­i­cally means a diver­sity of inter­ests are rep­re­sented, allow­ing indi­vid­u­als to artic­u­late vary­ing opin­ions. This is in essence a core prin­ci­ple of democ­racy. David Dun­phy, a Maths and Music stu­dent who signed the ‘Keep Birm­ing­ham Uni­ver­sity Hate Free’ peti­tion added, ‘in any form of a democ­racy you need to be allowed to state your opin­ion on any mat­ter’. Fol­low­ing hear­ing Tamimi speak, he expressed his regret at join­ing the group and found he had under­es­ti­mated his own value on free­dom of speech for all on campus.

A Debate?

At the cen­tre of uni­ver­sity edu­ca­tion is the abil­ity to express, develop and ques­tion opin­ions. The pres­ence of a plat­form for speak­ers leads to open debate, which is undoubt­edly a core tenet of an edu­ca­tional set­ting. How­ever, the sit­u­a­tion con­cern­ing speak­ers at the Uni­ver­sity is not a sim­ple one. Some stu­dents inter­viewed asso­ci­ated a plat­form with an accu­mu­la­tion of ten­sion, and deemed cer­tain speak­ers as a threat to the Uni­ver­sity, and the equi­lib­rium within it. The term ‘preach hatred’ has increas­ingly been linked with those speak­ing at uni­ver­si­ties, and some see the plat­form as a means by which fric­tion is accu­mu­lat­ing. Green and Cur­tis voiced a fear con­cern­ing the University’s deci­sion to allow cer­tain speak­ers on cam­pus. When ques­tioned directly on his peti­tion against Tamimi speak­ing, Green stated: ‘it wasn’t what he said in the talk that wor­ried us, it was that he was given a plat­form.’ The Islamic Soci­ety felt their deci­sion for Tamimi to speak was the right one as ‘it was an impor­tant ele­ment of the vital dia­logue that needs to take place, in rela­tion to the peace process’.

This leads to the ques­tion of whether the Uni­ver­sity has the right to pro­hibit cer­tain view­points on cam­pus. In turn, one must then ques­tion whether elim­i­nat­ing the plat­form means that argu­ments are strength­ened, rather than silenced. If an opin­ion is not given a voice, then how can it ever be defeated? If a speaker can be ques­tioned on their beliefs, then many of the fears about them might be allayed. Per­haps the issue can be summed up by Neuner, who stated that: ‘if you hold a debate under the ban­ner of a uni­ver­sity and edu­ca­tion, you can’t have polemics’.

Code of Conduct

When assess­ing the issues regard­ing speak­ers on cam­pus, the University’s Code of Con­duct comes into ques­tion. The cur­rent pol­icy has been crit­i­cised for being too vague in its word­ing, yet too com­pli­cated in its prac­tice. It states that ‘the chal­lenge for uni­ver­si­ties is to iden­tify when the pur­suit of free­dom of ideas and expres­sion crosses a thresh­old and becomes extrem­ism or intol­er­ance’, yet is not clear in how to imple­ment this. Fur­ther­more, pro­ce­dure for secur­ing a speaker at the Guild has been faulted for being too lengthy and com­plex. A mem­ber of the Islamic Soci­ety com­mented that cur­rent pro­ce­dure ‘gives stu­dent groups very lit­tle time and space to organ­ise an event’. The Pres­i­dent of the Guild seemed to agree with crit­i­cism of the pol­icy not being clear, and spoke of a review that has now been ini­ti­ated. He raised the opin­ion that speak­ers need to be con­sid­ered on a ‘case by case’ basis and that clearer guide­lines need to be enforced for stu­dents to raise any pos­si­ble issues. A spokesper­son for the Uni­ver­sity com­mented that ’ the code of prac­tice is reviewed reg­u­larly, and rep­re­sen­ta­tives on the cur­rent review reflect the broader Uni­ver­sity com­mu­nity, includ­ing the Pres­i­dent of the Guild of Students’.

In turn, the need for more adver­tis­ing both to attract wider audi­ences and raise aware­ness of speak­ers was high­lighted. This gives the hope that both opposers and sup­port­ers may have the appro­pri­ate resources to pre­pare sound argu­ments and make informed decisions.

Uni­ver­si­ties are places where a vari­ety of opin­ions should and do exist, but pre­cau­tions are nec­es­sary to ensure they do not sim­ply become a forum in which one-sided argu­ments pre­vail. A final point from a University’s spokesper­son states that ‘we respect the right of all indi­vid­u­als to exer­cise free­dom of speech within the law’. They add that ‘under the 1986 Edu­ca­tion Act we have a legal duty to pro­mote free­dom of speech’, and as an insti­tu­tion ‘will con­tinue to actively chal­lenge dis­crim­i­na­tion of any kind and strive to strike a bal­ance that pro­tects these free­doms and ensures vig­i­lance against any forms of poten­tial extremism.’

Uni­ver­sity’, from its Latin deriva­tion ‘uni­ver­si­tas’, means the whole. There­fore, we must strive to ensure that the ‘whole’ of our voice can be heard. After all, ‘the test of democ­racy is the free­dom of criticism’.