University of Western Australia
A public panel discussion exploring the issues surrounding free speech on university campuses was hosted by The University of Western Australia’s Law School last week.
The French Dialogues 2024: ‘Freedom of speech on Australian campuses – have we got the balance right?’ was the second event in a series aimed at encouraging an interdisciplinary dialogue on significant topics.
Dean of the Law School Professor Sharon Mascher said while most people agreed free speech on university campuses is a good thing, thorny issues still arise.
“It can be divisive due to distinctions between academic freedom, which draws on disciplinary norms and standards; free political speech, which is more broadly available to all members of a political society; and how to balance competing claims to safety and respect for human dignity,” Professor Mascher said.
UWA Chancellor Robert French AC, who developed a Model Code on Freedom of Speech and Academic Freedom for the Australian Government, spoke at the start of the event, noting the code and the ongoing importance of the issues.
The event was chaired by Professor Mascher and the panel included Professor Samina Yasmeen, from UWA’s School of Social Sciences, Dr Lachlan Umbers, from UWA’s School of Humanities, and Associate Professor Murray Wesson, from UWA’s Law School.
Professor Yasmeen reminded the audience that Australian campuses were not islands; what happened overseas affected the perspectives and lived experiences that academics and students brought to campus.
“It is important to acknowledge that formal regulation of free speech and academic freedom can be influenced by informal norms and expectations,” Professor Yasmeen said.
“We need to consider how matters like the Israel/Palestine conflict, or the treatment of asylum seekers, can be discussed in ways that are respectful yet still engage critical thinking.”
Dr Umbers stressed the importance of free speech to liberal democracies and highlighted the role universities play as key institutions to bring together and evaluate ideas expressed through free speech.
“We need to be mindful not to unduly burden free speech and be aware of the dangers of unintended consequences from imposing standards that are too demanding,” Dr Umbers said.
Associate Professor Wesson said a different approach should be taken to academic freedom than free speech generally, since it typically comes with disciplinary norms that help separate acceptable from unacceptable speech.
“The Model Code on Freedom of Speech and Academic Freedom in Higher Education sets out generally applicable bars that have been tailored for a higher educational setting and have been adopted by UWA,” Associate Professor Wesson said.
“These include that speech should not be permitted where it is threatening, or intimidating or unlawful, but that there is no duty to protect people from feeling offended or shocked or insulted.”
During a Q&A the audience discussed a range of philosophical and political views including differing expectations of precisely what kind of speech might be threatening or intimidating as opposed to ‘merely’ offensive, shocking or insulting.
Image above: UWA Chancellor Robert French, Associate Professor Murray Wesson, Professor Samina Yasmeen, Dr Lachlan Umbers and Professor Sharon Mascher.