Free speech – a guide for students

Under the Higher Education (Freedom of Speech) Act 2023, universities and colleges must take 'reasonably practicable' steps to secure freedom of speech within the law for their students, staff, members and visiting speakers.

What is 'reasonably practicable' may vary. The size or specialism, for example, of a university or college may affect the steps it can take.

But, in a wide range of cases, students can expect the following:

Study and applying to study

Your viewpoint should not affect whether you are admitted to another course at your university or college (e.g. for postgraduate study). If a university or college has made a binding offer to you, it should not revoke or vary that offer because of your viewpoint.

If a provider offers you a place based on funding, restricting your lawful free speech should not be a condition for receiving the funding.  

You should not be disciplined or expelled for expressing lawful ideas, although in some circumstances a university or college may restrict the time, place and manner of expression. 

Protests and demonstrations

If you want to engage in lawful and peaceful protests or demonstrations, your university or college should not restrict this because of the viewpoint that you are expressing. However, it may in some circumstances restrict the time, place and manner of protest, for instance to protect physical safety or the continuation of teaching, learning or research.

Complaints 

You cannot raise a complaint that results in your university or college punishing someone else's viewpoint – and nor can it punish your viewpoint – so long as the views are lawful.

If you have a complaint about free speech at a university or college, in the first instance you may wish to raise it with the institution concerned.  

If you are a student and are not satisfied with your university or college’s response, you may be able to take the matter to the OIA (Office of the Independent Adjudicator). The OIA is an independent organisation that considers student complaints.

The OfS does not currently have a direct role in dealing with disputes between individuals and universities or colleges about free speech or other matters.   

But we do want to hear about free speech issues through our ‘notifications’ process. Students, staff, or members of the public can raise a notification with us if they think that a university or college is not meeting our conditions of registration, including those relating to free speech and academic freedom.

Speaker events 

A speaker who has been invited to an event should not be prevented from speaking because of their ideas, as long as their speech is within the law. Peaceful protest is a form of free speech but it must not shut down debate.

If a speaking event affects the essential functions of a university or college or there is a concern about physical safety, then the university or college may regulate the time, manner or place of the event.

Teaching

Your university or college should not treat you any more or less favourably than any other student because of your viewpoint or ideas.

Your viewpoint or ideas should not, for example, mean that your university or college changes the educational experience you have, alters your access to benefits or services, or unfairly marks your work down. 

Research

If your course involves research, and your research leads (or may lead) to a conclusion (within the law) that conflicts with your university or college’s values, or creates risks to its reputation, this is unlikely to be a reason for them to restrict it. 

Training

Universities and colleges should also give students an induction on free speech.

This should cover the institution's freedom of speech code of practice and your own and others’ free speech rights.