Google AI


Modern Australian

There's no need for the 'Chicago principles' in Australian universities to protect freedom of speech

  • Written by: Katharine Gelber, Professor of Politics and Public Policy, The University of Queensland

This week the government asked former High Court Chief Justice Robert French to head an inquiry into free speech on universities. Education minister Dan Tehan claimed it was because concerns had been raised about people shutting down the views of those they disagree with, and security costs for controversial speakers on campus.

Universities are accusing the minister of “jumping to the wrong conclusions”, based on misleading and selective media reports.

Justice French is being asked to review the “rules and regulations protecting freedom of speech on university campuses”. This will include codes of conduct, enterprise agreements, policy statements and strategic plans. This is despite the fact universities already protect freedom of speech and, relatedly, academic freedom.

The Minister suggested Australia could consider adopting an Australian version of the “Chicago statement”. So what is the Chicago statement, and would Australian universities benefit from adopting it?

Read more: Four fundamental principles for upholding freedom of speech on campus

The Chicago statement

In 2014, the President (equivalent to the Vice Chancellor of an Australian university) of the University of Chicago convened a committee, chaired by highly acclaimed free speech scholar Professor Geoffrey Stone, to draft a statement that would articulate the university’s commitment to “free, robust, and uninhibited debate and deliberation”.

The university took this step in response to free speech controversies on university campuses in the United States. Examples include disinviting controversial speakers, pressure on faculty to make public apologies for statements some considered offensive, demands for the removal of historic statues or monuments, and the existence of campus speech codes which prohibit students from engaging in hate speech on the ground of race, sexuality, or gender.

The Chicago statement recognises free speech on campus as an issue that goes to the core mission of the university as a place of learning. It defends free and open inquiry in all matters, and guarantees the broadest possible latitude to speak, write, listen, challenge, and learn.

There's no need for the 'Chicago principles' in Australian universities to protect freedom of speech Minister for Education Dan Tehan has ordered an inquiry into freedom of speech on campus. AAP/Mick Tsikas

Read more: The great irony in punishing universities for 'failing' to uphold freedom of speech

It also recognises that freedom of speech does not mean people can say whatever they want, wherever they want. It permits restrictions on speech that violates the law, is defamatory, threatens or harasses, invades privacy or confidentiality, or is incompatible with the functioning of a university.

The statement is a well-articulated and clear enunciation of three things:

1) the importance of freedom of speech to learning

2) the recognition that free speech must have limits

3) the articulation that any such limits must be carefully and narrowly circumscribed.

As of February 2018 the Chicago statement had been adopted by 34 other universities in the US. But this still leaves around 1,600 universities that have not signed up, possibly because their existing policies already support the same views.

Do Australian universities need it?

Shortly before Justice French was invited by the government to conduct a review into free speech in Australian universities, he gave a speech on the issue.

He recognised that even a detailed and prescriptive charter would not provide a framework in which difficult cases can be clearly and uncontroversially resolved. Nevertheless, he was open to the possibility of legislative intervention to impose “protective rules”.

However, if the Chicago principles were to form the basis for any such legislative intervention, they would be unlikely to be of benefit in resolving the issues with which the minister appears to be concerned.

This is for two reasons. First, Australian universities already protect free speech in accordance with principles very similar to those enunciated in the Chicago principles. All universities are required by Australian law to uphold “free intellectual inquiry in relation to learning, teaching and research”. Universities’ codes of conduct already uphold the right of students to engage in critical and open inquiry.

The second reason is that the Chicago principles recognise that free speech is not a reason for protecting unlawful conduct. Australia and the US have wildly different views on what constitutes unlawful speech-based conduct. Here, speech is able to be regulated to a far greater degree than in the US.

This means that all the current, valid, restrictions on speech that exist in Australia would be untouched by applying the Chicago principles. For example, Australia possesses comprehensive anti-vilification laws federally, in every state and in the ACT, which prohibit public hate speech. These would be unaffected.

Applying the principles here would also make no difference to other restrictions on speech in Australia, such as laws barring journalists from reporting in certain instances, which present far greater risks to free speech than anything that’s occurred on campus of late.

This inquiry is expensive and unnecessary. There is no good evidence we have a problem with free speech on our campuses. Justice French’s review will take four months. While we await the outcome, university staff will no doubt continue to uphold their existing commitments to robust and open debate in learning, teaching, research and engagement.

Authors: Katharine Gelber, Professor of Politics and Public Policy, The University of Queensland

Read more http://theconversation.com/theres-no-need-for-the-chicago-principles-in-australian-universities-to-protect-freedom-of-speech-107001

Pool and Deck Design: How to Plan the Perfect Outdoor Living Space for Your Sydney Home

For many Australians, the backyard is where life happens. Summer barbecues, weekend swims and long evenings outdoors are all part of the lifestyle, ...

Is Solar Pool Heating Worth It? What Sydney Homeowners Should Know

There's nothing quite like a backyard pool on a hot Sydney day. But once autumn rolls in, many pools sit unused for months because the water is simp...

Planning a Luxury House Move: A Week-by-Week Timeline for Prestige Sydney Homes

Selling or buying a prestige home is a major milestone. Whether it's a waterfront residence in Birchgrove, a grand Federation home in Haberfield or ...

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...