Education Secretary Bridget Phillipson has incurred costs exceeding £500,000 of taxpayer funds in an effort to weaken legislation safeguarding free speech within universities. The legal action was initiated after Phillipson sought to dilute Conservative legislation that mandated universities and student unions actively promote and protect free speech on campuses. Critics had referred to the legislation as a 'Tory hate speech charter.'
Under the now-partially enacted laws, universities face potential fines of up to 2 percent of their income for censoring academics. These measures followed incidents where university staff faced repercussions for expressing their views. Notably, Professor Kathleen Stock, a philosophy lecturer, resigned from Sussex University in 2021 amid harassment and protests from trans activists, citing pressure to 'self-censor' her work. Professor Stock's views on the necessity of single-sex spaces had led to accusations from students that she made transgender individuals feel unsafe.
Phillipson's attempt to block the legislation was ultimately opposed by the Free Speech Union (FSU), led by Tory peer Toby Young. The High Court has since ruled that the government must cover the FSU's legal costs, amounting to £353,748. This figure, when added to the government's own legal expenses, brings the total expenditure to over £500,000.
Following Labour's assumption of office in July 2024, Phillipson declared an intention to revoke the Higher Education (Freedom of Speech) Act, which had been passed in 2023. Internal documents revealed that officials were instructed before the election to prepare a statutory instrument to pause the Act on 'day one,' with the Secretary of State indicating a desire not to implement it, at least not fully.
However, in January 2025, nine days before a scheduled court hearing, Phillipson agreed to enact most of the Act's provisions. The FSU subsequently offered to withdraw its legal claim in exchange for a fixed costs payment of £84,000. The government declined this offer, proposing instead a 'drop hands' settlement where the FSU would recover no costs. The dispute over costs has continued, escalating expenses.
Lord Young of Acton stated that the court's decision validates the FSU's position, confirming they were the successful party and the Education Secretary the loser, entitling them to legal costs. He added that the awarded costs would ensure the FSU has sufficient funds. A spokesperson for the Department for Education maintained that the department's commitment to free speech remains clear and characterized the FSU's legal action as a 'complete waste of taxpayers' money.' The department suggested the action preempted the conclusion of their review to make the legislation workable.
Sources close to Phillipson contended that the previous government prioritized policing free speech over addressing financial issues in universities, resulting in an 'unworkable' bill that has now been rectified.