The University of Leicester has a legal duty to secure freedom of speech and academic freedom within the law for its members, staff, students and visiting speakers. The Freedom of Speech code of practice also requires you to respect the rights of others (including rights of free speech and academic freedom within the law). This is set out in the Office for Students Freedom of Speech guidance.
Freedom of speech means: Freedom to impart lawful ideas, opinions or information, in speech, writing, or images without interference.
What This Means in Practice
Students that may be exposed to any of the following is unlikely to amount to harassment:
- The content of higher education course materials, including but not limited to books, videos, sound recordings, and pictures.
- Statements made and views expressed by a person as part of teaching, research or discussions about any subject matter which is connected with the content of a higher education course.
Finding something offensive does not automatically make it harassment. Freedom of speech allows for the expression of lawful opinions, even if others may find them uncomfortable or offensive.
Examples
Freedom of Speech: A Student Guide
Universities must protect your right to freedom of speech within the law. This includes speech that others may find controversial, uncomfortable, or offensive.
This guide explains what that means in practice.
Example 1: Controversial Views in a Seminar
Scenario
During a class discussion, a student expresses a lawful opinion about society or minority groups. Some students feel upset or offended.
Is it allowed? Yes (usually)
Why it may feel offensive
- The views may be seen as insensitive or strongly disagreeable
- Other students may feel uncomfortable hearing them
Why it’s lawful
- It takes place in an academic setting, where open debate is fundamental
- It expresses a viewpoint or opinion, rather than unlawful conduct
- The Office for Students (OfS) makes clear that speech should not be restricted just because it is controversial or offensive
- It remains protected unless it becomes harassment, threats, or incitement
Example 2: Social Media Criticism (and the Legal Boundary)
Scenario
After a seminar, a student posts messages online criticising another student’s views. At first, this is simply disagreement. However, the posts become repeated, targeted, and encourage others to join in.
Is it allowed? Sometimes, but the context is important.
Why it may feel offensive
- Criticism can be personal or upsetting
- Public posts can make individuals feel targeted
Why it’s lawful (at first)
- It involves criticism or disagreement, which is protected expression if it is lawful.
- Students have the right to challenge others’ ideas and opinions
- Freedom of speech includes lawful speech that may be offensive or hurtful.
When it becomes unlawful
- If behaviour becomes repeated, targeted, or oppressive, it may amount to harassment
- Harassment is not protected by freedom of speech
Key point:
You are free to criticise ideas but not to repeatedly target individuals in a way that amounts to harassment.
The Key Rule
Freedom of speech protects lawful views even if they are controversial or offensive.
However, speech is not protected if it involves:
- Harassment or bullying
- Threats or intimidation
- Incitement to violence or hatred
- Other unlawful behaviour
What This Means for You
- You are free to express your views and opinions
- You may encounter views you find uncomfortable or upsetting
- Universities must take steps to protect lawful speech
But:
- You must not harass or target others
- You must stay within the law
It is important for you to know as a student or staff member if you feel you have been, harassed or discriminated against, this may be against the law. We are here to listen and support you.
You can disclose this to us via our Report & Support disclosure form, and we can provide you with support.
For more information about Harassment you can visit our support page: Bullying, Harassment and Abuse - Report + Support - University of Leicester