Students Should Prepare to Be Offended at University, Says Watchdog in Free Speech Recommendations

Universities should show a ‘high tolerance’ for lawful speech, with a ’strong presumption' in favour of permitting it, the Office for Students said.

File photo of university graduates. Chris Ison/PA

The universities watchdog said students should be prepared to hear a range of views when they come to university, including ones they find shocking or uncomfortable.

The remarks were included in guidance published by the Office for Students (OfS) on Thursday. It outlines the duty of institutions under the Higher Education (Freedom of Speech) Act 2023 to take steps to protect free speech on campus. The regulations will come into force on Aug. 1.

In the advice, universities are told they should have a “high tolerance” for all kinds of lawful speech, with a “very strong presumption in favour of permitting lawful speech.”

Arif Ahmed, director for freedom of speech and academic freedom at the OfS, said that free speech and academic freedom are fundamental to the core mission of higher education (HE), which is the pursuit of knowledge.

He said: “Students need to know that they can freely share lawful views and opinions, and be prepared to hear a range of views as part of their studies.

“This includes things that they may find uncomfortable or shocking. By being exposed to a diversity of academic thought, students will develop their analytical and critical thinking skills.”

Protests Must Not Shut Down Debate

Some of the statutory guidance states that students or staff should not be punished for expressing opinions, including ones critical of the institution.

HE providers should also not be encouraging students or staff to report others over expressing a particular point of view.

Protests should not be restricted “because they express or support a particular legally expressible viewpoint,” the OfS said, but it may be necessary to restrict where, when, and how protests are held.

It adds that “peaceful protest” is a legitimate form of free expression, but “protest must not shut down debate.”

Practical steps also need to be taken to ensure the freedom of speech of visiting speakers.

1 in 5 Don’t Feel Free to Discuss Controversial Topics

The guidance was published alongside a survey conducted on behalf of the OfS by pollster YouGov on perceptions of freedom of speech among teaching and research staff in England’s HE sector.

It found that one in five academics—on both the right and left of the political spectrum—said they did not feel free to teach controversial topics in lectures.

This reluctance rose to one in three being afraid to discuss controversial topics in a general context, including in external speaking events.

Protesters demonstrating against Professor Kathleen Stock speaking at Oxford Union's 200-year-old debating society, in Oxford, England, on May 30, 2023. Jonathan Brady/PA Wire

Discussions on sex and gender was the leading topic that academics felt restricted discussing, either in their research (62 percent) or teaching (63 percent).

Worryingly, one-quarter (24 percent) of those who do not feel free in their teaching say they fear physical attack.

Ahmed called the results of the poll “deeply disturbing.”

“This cannot stand, and should concern vice-chancellors up and down the country. Universities should now take steps to ensure that they are robust and unwavering in their support for academic freedom,” he said.

Government Commitment to Free Speech

The poll of 1,234 respondents was conducted between March 15 and April 19, 2024. The OfS said that its publication was paused after the then-new Labour government announced its intention to review implementation of the Higher Education (Freedom of Speech) Act.

The law was created by the previous Conservative government to introduce new duties on HE institutions and their student unions to strengthen academic freedom and free speech.

Shortly after Labour came to power in July 2024, the government revoked the act, with Education Secretary Bridget Phillipson saying at the time this was owing to “widespread concern that the legislation is disproportionate, burdensome, and damaging to the welfare of students while not addressing hate speech on campuses.”

In January 2025, however, the government said the act would be implemented and that it “reaffirms commitment to Free Speech in universities.”

It added that “burdensome” provisions would be scrapped, including those which risked leaving universities vulnerable to disproportionate costs for legal disputes and removed duties placed directly on student unions, similarly to alleviate the risk of unions having to take on costly and complex legal responsibilities.

Kathleen Stock

The guidance follows high-profile instances in recent years of students and academics facing opposition for expressing views which are critical of transgender ideology.

Professor of philosophy at the University of Sussex, Kathleen Stock, poses with her medal after being appointed an Officer of the Order of the British Empire (OBE) for services to higher education at a investiture ceremony at Buckingham Palace, London, on July 14, 2022. Victoria Jones/Pool/AFP via Getty Images

Perhaps most well-known is Kathleen Stock, a philosophy professor who resigned from the University of Sussex in 2021 after she faced protests on campus. The student-led campaign had called for her dismissal over her views on gender.

In May 2023, Stock again faced protest from LGBT activists when she was invited to take part in a debate at Oxford University’s prestigious debating society.

In March of this year, the OfS fined Stock’s former employer £585,000 for failing to uphold freedom of speech and safeguard academic freedom. The University of Sussex has said it will challenge the watchdog’s findings.