{"id":49699,"date":"2019-10-09T12:35:04","date_gmt":"2019-10-09T19:35:04","guid":{"rendered":"http:\/\/world.edu\/?p=49699"},"modified":"2019-10-09T12:35:04","modified_gmt":"2019-10-09T19:35:04","slug":"there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter","status":"publish","type":"post","link":"https:\/\/world.edu\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\/","title":{"rendered":"There are differences between free speech, hate speech and academic freedom \u2013 and they matter"},"content":{"rendered":"

\"\"<\/p>\n

Last week,\u00a0posters appeared<\/a>\u00a0at the University of Auckland inviting young white men to \u201cassume the mantle of re-taking control of our own country\u201d and to confront \u201canti-racism ideology\u201d.<\/p>\n

The group was obviously unaware of the significance of the British High Commissioner\u2019s\u00a0expression of regret<\/a>, in the same week, for the killing of several M\u0101ori people during their first encounter with the English explorer James Cook in 1769.<\/p>\n

At least 1,300 academics and students signed an\u00a0open letter<\/a>, arguing that racism and white supremacy have no place at the university and challenging the Vice Chancellor\u2019s initial position that there is no justification for removing the posters.<\/p>\n

This week, the Vice Chancellor changed his position,\u00a0telling staff<\/a>\u00a0that a debate about free speech should be put to one side for now, as the most important matter was the \u201creal hurt and sense of threat that some people in our university community feel in response to these expressions of white supremacist views\u201d.<\/p>\n

Free speech vs academic freedom<\/h4>\n

Neither the Vice Chancellor nor the signatories to the open letter bring academic freedom into the debate. But minister of justice Andrew Little, a former president of the\u00a0New Zealand University Students\u2019 Association<\/a>, argued that there is \u201cno principle of academic freedom<\/a>\u201d that says white supremacy ought to be protected.<\/p>\n

Free speech, hate speech and academic freedom are related but different. And the differences matter.<\/p>\n

Free speech is the right to say whatever one likes. It is unconstrained by the disciplines of reason and objectivity. It doesn\u2019t require factual accuracy. As with academic freedom, it doesn\u2019t matter if one\u2019s opinion is unpopular. Both free speech and academic freedom are essential to democracy.<\/p>\n

Free speech belongs in universities as much as anywhere else. It is the right to hold opinions and to challenge the opinions of others. A Chinese student in New Zealand once asked me if it was alright to criticise the prime minister in an essay. This underscores the importance of free speech, but also the need for great caution in setting its limits.<\/p>\n

Academic freedom protects free speech on the one hand, but conditions it on the other. Universities cannot support the unrestricted pursuit of knowledge if one cannot think freely. But knowledge cannot be tested and doesn\u2019t advance if there isn\u2019t also a duty to be well informed and reasoned – and willing to have one\u2019s ideas scrutinised by others.<\/p>\n

In a university, the test of a reasonable opinion is higher. One cannot say whatever one likes and call it academic freedom.<\/p>\n

Hate speech as a limit<\/h4>\n

Both free speech and academic freedom are limited by hate speech.<\/p>\n

According to the United Nations<\/a>, hate speech is:<\/p>\n

any kind of communication in speech, writing or behaviour, that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality race, colour, descent, gender or other identity factor.<\/p><\/blockquote>\n

When people say that they want to \u201creclaim\u201d a country as their own and contest \u201canti-racism\u201d they are saying overtly and unapologetically that they don\u2019t want others to have a democratic presence. They are saying that they don\u2019t want others to have free speech. Nor do they want academics who are not \u201cyoung white men\u201d to have academic freedom.<\/p>\n

These aren\u2019t democratically legitimate differences of opinion because \u201ctoleration is not the solution to intolerance<\/a>\u201d.<\/p>\n

There are differences between what is wrong and what is intolerably wrong. There are some views that a free society can\u2019t tolerate.<\/p>\n

Racism is\u00a0intolerably wrong<\/a>\u00a0because it denies some people human equality. It creates a hierarchy of human worth and causes serious harm to its targets.<\/p>\n

A \u2018right to be bigots\u2019<\/h4>\n

In Australia, free speech is restricted under the\u00a0Racial Discrimination Act 1975<\/a>\u00a0which\u00a0provides that<\/a>:<\/p>\n

It is unlawful for a person to do an act, otherwise than in private, if: (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and (b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.<\/p><\/blockquote>\n

There are\u00a0significant qualifications<\/a>\u00a0to these restrictions. But, in spite of these, in 2014 the attorney general told parliament that the act imposed unreasonable constraints on people\u2019s \u201cright to be bigots<\/a>\u201d.<\/p>\n

The conservative think tank the Institute of Public Affairs claimed in 2018 that university\u00a0policies curtailing free speech had dramatically increased<\/a>\u00a0in the preceding two years. The University of Sydney\u2019s Vice Chancellor argued that\u00a0robust processes<\/a>\u00a0\u201censure that freedom of speech from all parts of the spectrum is alive and well on our campuses\u201d.<\/p>\n

But earlier this year, a\u00a0government-commissioned inquiry<\/a>\u00a0found that \u201cclaims of a freedom of speech crisis on Australian campuses are not substantiated\u201d. The review also found that universities should not allow visitors to use their premises to \u201cadvance theories or propositions \u2026 which fall below scholarly standards to such an extent as to be detrimental to the university\u2019s character as an institution of higher learning\u201d.<\/p>\n

Defending a right to bigotry, or to express hate speech, trivialises what the denial of both free speech and academic freedom can really look like. In China, for example, the state has warned against the presence of \u201cmistaken views<\/a>\u201d in universities, including the study of constitutional democracy, civil society, economic liberalisation, freedom of the press, challenges to socialism with Chinese characteristics and discussion of universal values including academic freedom.<\/p>\n

In the case of the white supremacy posters, it would seem that University of Auckland academics, not the Vice Chancellor, had the stronger argument.<\/p>\n

Author Bio:<\/strong> Dominic O’Sullivan is an Associate Professor of Political Science at Charles Sturt University<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

Last week,\u00a0posters appeared\u00a0at the University of Auckland inviting young white men to \u201cassume the mantle of re-taking control of our own country\u201d and to confront \u201canti-racism ideology\u201d. The group was obviously unaware of the significance of the British High Commissioner\u2019s\u00a0expression of regret, in the same week, for the killing of several M\u0101ori people during their […]\n… learn more→<\/a><\/p>","protected":false},"author":33,"featured_media":49700,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[29],"tags":[12484],"coauthors":[],"class_list":["post-49699","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-higher-education","tag-academic-freedom-2"],"acf":[],"yoast_head":"\nThere are differences between free speech, hate speech and academic freedom \u2013 and they matter - World leading higher education information and services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/world.edu\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:locale\" content=\"en_US\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:type\" content=\"article\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:title\" content=\"There are differences between free speech, hate speech and academic freedom \u2013 and they matter - World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:description\" content=\"Last week,\u00a0posters appeared\u00a0at the University of Auckland inviting young white men to \u201cassume the mantle of re-taking control of our own country\u201d and to confront \u201canti-racism ideology\u201d. The group was obviously unaware of the significance of the British High Commissioner\u2019s\u00a0expression of regret, in the same week, for the killing of several M\u0101ori people during their […]\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:url\" content=\"https:\/\/world.edu\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\/\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:site_name\" content=\"World leading higher education information and services\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"article:published_time\" content=\"2019-10-09T19:35:04+00:00\" class=\"yoast-seo-meta-tag\" \/>\n<meta property=\"og:image\" content=\"https:\/\/world.edu\/wp-content\/uploads\/2019\/10\/academic-freedom.jpg\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:width\" content=\"680\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:height\" content=\"383\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"author\" content=\"Kevin\" class=\"yoast-seo-meta-tag\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data1\" content=\"Kevin\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" class=\"yoast-seo-meta-tag\" \/>\n\t<meta name=\"twitter:data2\" content=\"5 minutes\" class=\"yoast-seo-meta-tag\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\\\/\\\/schema.org\",\"@graph\":[{\"@type\":\"Article\",\"@id\":\"https:\\\/\\\/world.edu\\\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\\\/#article\",\"isPartOf\":{\"@id\":\"https:\\\/\\\/world.edu\\\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\\\/\"},\"author\":{\"name\":\"Kevin\",\"@id\":\"https:\\\/\\\/world.edu\\\/#\\\/schema\\\/person\\\/42c1c1d5ff7ffbdf0bd50ed94c6ae6ee\"},\"headline\":\"There are differences between free speech, hate speech and academic freedom \u2013 and they matter\",\"datePublished\":\"2019-10-09T19:35:04+00:00\",\"mainEntityOfPage\":{\"@id\":\"https:\\\/\\\/world.edu\\\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\\\/\"},\"wordCount\":985,\"image\":{\"@id\":\"https:\\\/\\\/world.edu\\\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\\\/#primaryimage\"},\"thumbnailUrl\":\"https:\\\/\\\/world.edu\\\/wp-content\\\/uploads\\\/2019\\\/10\\\/academic-freedom.jpg\",\"keywords\":[\"Academic freedom\"],\"articleSection\":[\"Higher Education\"],\"inLanguage\":\"en-US\"},{\"@type\":\"WebPage\",\"@id\":\"https:\\\/\\\/world.edu\\\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\\\/\",\"url\":\"https:\\\/\\\/world.edu\\\/there-are-differences-between-free-speech-hate-speech-and-academic-freedom-and-they-matter\\\/\",\"name\":\"There are differences between free speech, hate speech and academic freedom \u2013 and they matter - 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