University wins record freedom of speech fine challenge

The University of Sussex has won its legal challenge of a record £585,000 fine over freedom of speech.

The fine was issued by the Office for Students (OfS), the regulator of England's universities, over the university's trans and non-binary inclusion policy which it said had a "chilling" effect on free speech.

The OfS investigation came after Kathleen Stock left her job as professor of philosophy at Sussex, following protests and threats over her view that gender was not more important than biological sex.

The Vice Chancellor of Sussex said it raised serious questions about the regulator, while the OfS described the ruling as "disappointing".

The High Court case did not consider what happened to Kathleen Stock, but rather university policy documents.

High Court judge Mrs Justice Lieven ruled on Wednesday whether a proper process was followed in issuing the fine, the size of which sent shockwaves through universities across England.

The fine was issued on the basis of Sussex's trans and non-binary policy, which included a requirement to "positively represent trans people" and warned against "transphobic propaganda".

In court, the University of Sussex had argued the trans and non-binary policy was not what is called a "governing document" and did not have the importance attached to it by regulator the OfS.

This concern was upheld by Wednesday's judgement, along with several other aspects of the process.

Perhaps most damaging for the regulator meant to oversee freedom of speech, the accusation of bias in the process was also upheld.

Mrs Justice Lieven said the OfS had "closed its mind" to anything that would lead to not finding failure to uphold freedom of speech and therefore fine the university.

The regulator was also found to have taken a flawed approach to deciding what was academic freedom.

As part of the investigation which led to the fine, the OfS interviewed Stock, but the court had heard it did not meet anyone from the university in person despite requests from the institution to discuss concerns.

Stock had faced repeated protests and threats while professor of philosophy at Sussex, in what became one of the most high-profile freedom of speech rows at a UK university.

Last August, after the fine was issued, a new freedom of speech law covering England's universities came into force giving the regulator even stronger powers.

A complaints system which will allow academics and visiting speakers to directly raise concerns will come into effect from this autumn, with the potential for multi-million-pound fines to be issued from April 2027.

The Vice-Chancellor and President of the University of Sussex, Professor Sasha Roseneil, said: "The university has always maintained that the OfS adopted an erroneous and absolutist approach to freedom of speech, that it deliberately ignored comprehensive protections of academic freedom and freedom of speech at Sussex, and that it prosecuted its torturous three-and-a-half year long investigation with a 'closed mind'."

Josh Fleming, interim chief executive of the OfS, said they would "carefully consider the consequences of the judgement before deciding on next steps".

He said: "Our focus remains on students and the sector, and we are pleased that following our investigation a dozen institutions, including the University of Sussex, have amended policies which restricted freedom of speech.

"As a result, students and academics should feel greater confidence in their ability to engage in the free and frank exploration of thought that characterises English higher education."