Modern Australian
Men's Weekly

.

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

Comfort and Style with Ceiling Fans Perth

While air conditioning is common, it is not always the most cost-effective or sustainable solution, particularly during long hot summers. For homeow...

How Professional Air Conditioning Services Improve Comfort and Efficiency

Air conditioning has become a fundamental part of homes and businesses, providing relief from sweltering summers and keeping interiors warm in winte...

The Value of Professional Rubbish Removal Services

From everyday waste to bulky items like furniture and appliances, finding the right way to dispose of rubbish is not always straightforward. This is...

Why Ugly Websites Sometimes Outperform Beautiful Ones

In the digital age, we're constantly told that first impressions matter, and nowhere does this seem more apparent than in web design. However, a cur...

TPD Claims & Super: What Does It All Mean?

Many Australians hear the term "TPD" in relation to their superannuation and feel completely lost. If you're scratching your head, wondering what it...

What Does Breastfeeding Feel Like? A Guide for New Moms

Frequently, numerous new mothers wonder, "What does breastfeeding feel like?" The feeling is different for each individual - a few describe it as a ...

Best Nail Care Routine for Frequent Nail Polish Wearers

For many people, nail polish is more than a beauty statement – it’s part of their everyday routine. Whether you love bold colours, chic neutrals...

Reinventing Research: How E-Libraries Are Changing Education Forever

A New Chapter for Learning For centuries libraries stood as temples of knowledge filled with shelves that smelled of dust and paper. Today the same...

Psychologists Explore Gestalt Vs Schema Therapy for PTSD Treatment

Recent research has revealed that in 2022, 1 in 9 Australians experienced post-traumatic stress disorder (PTSD). For some, this can significantly im...

Beyond Sunscreen: Building a Sun-Smart Culture in Modern Australia

Australia’s sun-soaked lifestyle is a defining part of its national identity. From beaches and sports fields to weekend barbecues and bushwalks, t...

What is Power BI & Why Should Your Business Use It?

In today's data-driven world, businesses are constantly searching for ways to gain a competitive edge. One tool that has emerged as a game-changer i...

From Service to Strength: How Aussie Veterans Are Rebuilding Their Lives with Everyday Support

Life after military service can bring new challenges. From physical limitations to mental health hurdles, many Australian veterans find everyday hou...

The Best Times of Year to Buy a Caravan

If you're shopping for caravans for sale, timing matters almost as much as the layout and features you desire. The calendar shapes price, stock and ...

The Growing Demand for Smart Living Through Home Automation

Technology has reshaped how we communicate, work, and travel—but now, it’s also changing the way we live at home. The rise of home automation i...

Beyond Clicks and Likes: Why Many Small Businesses in Australia Still Aren’t Leveraging Digital Marketing in 2025

Introduction In 2025, online marketing has become the driving force behind business growth for companies of all sizes. Yet, despite its proven effect...

Lighting Shop Perth: Your Comprehensive Guide to Choosing the Right Lighting Solutions

Lighting is a fundamental element in defining the ambiance, functionality, and aesthetic appeal of any space. Whether you are renovating your home, ...

Private Booze Cruisers – The New Must-Have Toy for Cashed Up Millennials

Did you hear that your 30s are the new 20s? We’ve finally rocked up that adult money and now it’s time to play with it. I was going for a walk ...

Grinding & Jaw Soreness: Signs You Might Need Night Guards and How We Protect Enamel

Waking with a tight jaw, tender muscles, or a dull temple headache is more than a bad night’s sleep. Many Australians grind or clench their teeth ...