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Joint Committee on Human Rights Inquiry: Is Government Policy on Free Speech in Universities Coherent?

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Joint Committee on Human Rights Inquiry: Is Government Policy on Free Speech in Universities Coherent? JOINT COMMITTEE ON HUMAN RIGHTS INQUIRY: IS GOVERNMENT POLICY ON FREE SPEECH IN UNIVERSITIES COHERENT? Written evidence submitted by Humanists UK and Humanist Students, 14 December 2017 ABOUT HUMANISTS UK AND HUMANIST STUDENTS 1. At Humanists UK, we want a tolerant world where rational thinking and kindness prevail. Our work helps people be happier and more fulfilled, and by bringing non-religious people together we help them develop their own views and an understanding of the world around them. Founded in 1896, we are trusted by over 65,000 members and supporters to promote humanism. Through our ceremonies, pastoral support, education services, and campaigning work, we advance free thinking and freedom of choice so everyone can live in a fair and equal society. 2. Humanists UK has a long history of defending freedom of speech and expression. One of our major past campaigns was for the abolition of the UK’s blasphemy laws, which was achieved in 2008. We continue to work with international humanist organisations to tackle the threats to freedom of speech overseas. We have also long worked in support of humanist student groups that have had their freedom of speech threatened. 3. Humanist Students is the umbrella body for university humanist, atheist, and secular societies, and is part of Humanists UK. Humanist Students is made up of over 500 student members across 24 campus societies at universities across the UK. These societies promote humanism among students and campaign for human rights, equality, secularism, and free expression. EXECUTIVE SUMMARY ● This submission focuses on the experiences of Humanist Students, who have been unreasonably censored by their students unions (SUs) on several occasions. SUs and universities have repeatedly shut down expressive conduct deemed by them to be wrong, offensive, or harmful, particularly with regards to criticism of religious beliefs ● We believe that national guidance is needed to make it clear to Higher Education Institutions (HEIs) and SUs that their first priority, in assessing what activities should or should not take place, is their legal duty to protect freedom of speech and expression. Therefore, decisions to limit such activity should be taken only in the most extreme circumstances, such as in cases of harassment or incitement to violence. EVIDENCE FROM HUMANISTS STUDENT SOCIETIES 4. Humanist Students-affiliated societies have experienced a number of attacks on their freedom of speech and expression from their unions and universities over the last six years. These have invariably resulted in Humanists UK working with the society to use legislation to challenge the attack and the Union/University subsequently backing down. In what follows we outline these experiences. 5. In January 2012, University College London’s Students’ Union requested that UCL Atheist, Secularist and Humanist Society remove a copy of the ‘Jesus and Mo’ webcomic from its Facebook group. After protests from the society and Humanists UK, the request was withdrawn. Jenny Bartle, president of Humanist Students, commented: ‘Our members support the freedom of speech of religious societies on campus and we would hope for the same respect from them...However, Unions must also understand that the giving of offence does not constitute harassment and when it is the incidental by-product of legitimate activities, offence is not a good reason to inhibit free expression.’1 6. Also in January 2012, the London School of Economics Students’ Union Atheist, Secularist and Humanist Society (LSESU ASH) were instructed by its Students’ Union to remove ‘Jesus and Mo’ cartoons from its Facebook page.2 When the society refused, it was asked to remove the word ‘Union’ from its name and derogatory comments were made about its members. This led to ongoing discussions with Humanists UK, LSESU ASH, and lawyers which resulted in the University overruling the Students’ Union on both the removal of the cartoon and the name change.3 7. Later that same month, a talk organised by the Queen Mary Atheism, Secularism and Humanism Society on ‘Sharia Law and Human Rights’ had to be cancelled after threats of violence. Shortly after the beginning of the talk a man burst into the venue, started filming those in the room, claiming to know where they lived and threatened to murder them and their families if the Prophet Muhammad was talked about during the discussion.4 Police were called over the incident. 8. In October 2012, Reading University Atheist, Humanist and Secularist Society were removed from their Students’ Union freshers’ fair after they displayed a pineapple with a label on it saying ‘Mohammad.’ The pineapple was intended to promote an upcoming debate entitled ‘Should we respect religion?’5 The society commented that, ‘We labelled this pineapple “Mohammed”, to encourage discussion about blasphemy, religion, and liberty, as well as to celebrate the fact that we live in a country in which free speech is protected.’ 1 https://humanism.org.uk/2012/01/19/news-968/ ​ 2 https://humanism.org.uk/2012/01/23/news-971/ ​ 3 https://humanism.org.uk/2012/10/05/news-1123/ ​ 4 https://humanism.org.uk/2012/01/17/news-966/ ​ 5https://humanism.org.uk/2012/10/05/news-1124/ 9. In December 2013, LSESU ASH received an official apology from the London School of Economics (LSE) after members were ordered in October to cover up t-shirts displaying a ‘Jesus and Mo’ cartoon at the University’s freshers’ fair and Students’ Union representatives physically tore down display materials without explanation of what regulation the stall’s display breached. LSESU ASH members were also compelled by security to leave the fair. LSESU ASH, working with Humanists UK and its supportive lawyers, complained to LSE for not only failing in its obligations to protect their freedom of speech under the Education Act 1986 and the Public Sector Equality Duty of the Equality Act 2010, but acquiescing with the Students’ Union in illegitimately dismantling their stand. Professor Craig Calhoun, the Director of LSE, commented after the complaint, ‘acknowledging that, with hindsight, the wearing of the t-shirts on this occasion did not amount to harassment or contravene the law or LSE policies... LSE takes its duty to promote free speech very seriously, and as such, will discuss and learn from the issues raised by recent events.’6 10. In February 2014, London South Bank University Atheist, Humanist and Secular society had posters advertising their society banned because they depicted the ‘Flying Spaghetti Monster,’ which was deemed to be offensive by the Students’ Union. The society used the posters as part of a display for their stall at the freshers’ fair. Their stall was removed by Students’ Union authorities and their official complaint against this action was still unanswered by the time the fair was over, preventing them from exhibiting.7 After Humanists UK generated publicity surrounding the complaint the University issued a full apology to the society.8 11. In December 2015, Maryam Namazie, a human rights advocate, was prevented from speaking on the topic of blasphemy and apostasy at the invite of Goldsmiths University’s Atheist, Secularist and Humanist Society after members from the university’s Islamic Society aggressively disrupted the meeting. Namazie commented, ‘After my talk began, ISOC 'brothers' started coming into the room, repeatedly banging the door, falling on the floor, heckling me, playing on their phones, shouting out, and creating a climate of intimidation in order to try and prevent me from speaking.’ 12. We have long believed that the only way to stop such incidents repeatedly occurring is for an accessible guidance on free speech on campus to be produced by an authoritative national body and made widely available - a bit like the Equality and Human Rights Commission’s (EHRC’s) Gender segregation at ​ 6 https://humanism.org.uk/2013/12/19/triumph-reason-welcome-lses-apology-jesus-mo-contro versy/ 7 https://humanism.org.uk/2014/02/10/satirical-spaghetti-monster-image-banned-london-sout h-bank-university-religiously-offensive/ 8 https://humanism.org.uk/2014/02/12/london-southbank-university-issue-full-apology-flying-s paghetti-monster-censorship-issue/ Events and Meetings: guidance for Universities and Students' Unions, which was ​ produced in reaction to a similar string of incidents.9 However, repeated attempts by us to encourage the production of such guidance by the EHRC, National Union of Students (NUS), or Equality Challenge Unit (ECU) has revealed little will to do so. Therefore we have recently started producing guidance ourselves, although we are concerned that this will not have the same impact. CONCLUSIONS We recommend that: (a) The Government, EHRC, NUS, or ECU issues guidance to all HEIs and SUs in England and Wales outlining their legal obligations to protect freedom of speech and the narrow range of circumstances in which it can be limited on campus e.g. if such speech would constitute a crime of itself. (b) That such guidance makes it clear that criticism or ridicule of a religion or belief, or of its adherents is protected by law and that HEIs should not attempt to censor, prevent or discipline those who choose to exercise their right to freedom of speech and expression in this way. For more details, information and evidence, contact Humanists UK: ​ Richy Thompson Director of Public Affairs and Policy 0781 5589 636 020 7324 3072 [email protected] humanists.uk 9 https://www.equalityhumanrights.com/en/publication-download/gender-segregation-events-a nd-meetings-guidance-universities-and-students .
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