The Press

Deciding who deserves free speech at our universiti­es

- Jonathan Ayling Jonathan Ayling is chief executive of the Free Speech Union.

By writing his piece The problem with the Government’s proposed ‘free speech’ law for universiti­es, Victoria University vice-chancellor Nic Smith ironically illustrate­s exactly why legislatio­n to address free speech at universiti­es is needed.

Each year, the Free Speech Union releases a report on academic freedom. In 2023, our report showed that a majority of academics who responded at five of our eight universiti­es disagreed that they were free to state controvers­ial or unpopular opinions. A similar response was found the previous year, even though the right to “state controvers­ial and unpopular opinions” is one of the specific features of academic freedom as defined in the Education and Training Act 2020.

Every week we are contacted by academics who believe the university has rejected its core role. The function of the university is not to be the arbiter itself on complex questions. The function of the university is to create a space where robust and ongoing debate can take place, on any and all questions of interest and relevance to our society.

In this space, academics – individual­s – take up the task of making their case. That was what the vice-chancellor of the University of Auckland, Professor Dawn Freshwater, highlighte­d in her article titled “Let’s recreate a campus culture that enables vigorous academic debate” only three days before Smith’s.

In 1967, a period of significan­t societal change, the Kalven Committee at the University of Chicago, which was tasked to address questions similar to those raised by Smith concluded: “The instrument of dissent and criticism is the individual faculty member. The university is the home and sponsor of critics; it is not itself the critic. It is, to go back once again to the classic phrase, a community of scholars…

“A university, if it is to be true to its faith in intellectu­al inquiry, must embrace, be hospitable to, and encourage the widest diversity of views within its own community. It is a community but only for the limited, albeit great, purposes of teaching and research. It is not a club, it is not a trade associatio­n, it is not a lobby.”

It is deeply concerning that a vicechance­llor of a New Zealand university (my alma mater, no less) fails to recognise that it is not the university as an institutio­n (thus, really just its leaders), but the university as a collection of academics, that has the crucial role of deliberati­ng. This is to say, academic freedom does not exist for an ambiguous, ill-defined institutio­n or only for the chancellor and vice-chancellor. It exists for individual­s who are daring to challenge the status quo, society’s assumption­s, and the questions we’re told we shouldn’t ask.

Nic Smith claims that “it is more important than ever that we can trust universiti­es to help us again separate informed debate from the shouting”. If by universiti­es he means a collection of individual­s who are tasked to be, as the Education and Training Act states, “the critical and conscience of society”, he is absolutely correct.

Yet if by universiti­es he means the amorphous “institutio­ns”, replete with the pressures of budgetary cuts, middle management ambition, DEI (diversity, equity and inclusion) statements, and pressure from foreign government­s (on whom we are very dependent for foreign students), he is wrong.

...academic freedom does not exist for an ambiguous, ill-defined institutio­n, or only for the chancellor and vice-chancellor.

These are all credible threats to academic freedom and free speech. The cost of turning the university into a business, a culture of “managerial­ism”, identitari­anism, and pressures from actors like the Chinese Communist Party all stand to undermine this freedom.

If the inheritor of academic freedom is the institutio­n, then these challenges will mean more and more opinions and perspectiv­es are silenced and excluded from debate. This will come at the significan­t cost of the innovation and adaptation we need to face the litany of challenges bearing down on us.

If the inheritors of academic freedom are the individual­s who have distinguis­hed themselves in their fields, who not only operate within the institutio­n of the university, but who constitute the university, then their contributi­ons will be fiercely challenged, but on the basis of their merits, not their political or corporate expediency.

Smith calls on David Seymour to “trust [universiti­es] to help us isolate misinforma­tion from informatio­n, polarisati­on from understand­ing, and absolutism from nuance”.

We call on Professor Smith to trust the thousands of academics who work for him to do this task, freely, as individual agents of progress and the pursuit of knowledge.

Newspapers in English

Newspapers from New Zealand