Document Type

Article

Publication Date

2023

Source Publication

Faisal A. Bhabha, "The Campus Battle over Expression and Equality: Combatting Discrimination by Restricting Freedom?" (2023) 25:1 Canadian Lab & Emp LJ 149.

Abstract

Given that the purpose of post-secondary education is to advance knowledge, academic life requires protection from unreasonable interference arising from institutional policies or public pressure. This paper argues that, in the interests of providing a safe and inclusive learning environment, universities have run the risk of unduly restricting debate and the exchange of ideas through unwarranted applications of anti-discrimination norms on campus. Based on a detailed review of the jurisprudence, the author contends that human rights legislation imposes no requirement, and provides little authority, for constraining thought or speech in higher education. Indeed, the threats to freedom of expression on university campuses do not originate in the law but rather in politics, economics and public relations. A special focal point of the author's discussion of these principles is the treatment of discrimination claims flowing from on-campus controversies about the Israel-Palestine conflict. The paper concludes by emphasizing that university administrators must exercise great caution in imposing restrictions on expression if post-secondary institutions are to preserve their primary role as places where scholars and students can develop ideas without constraint or fear of reprisal.

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