Divorced, Beheaded, Resigned: Starkey And Academic Freedom Of Speech

Published date13 July 2020
Subject MatterGovernment, Public Sector, Criminal Law, Family and Matrimonial, Human Rights, Crime, Divorce
Law FirmTaylor Vinters
AuthorMr James Murray and Bryn Harris

It has been a very controversial couple of weeks for freedom of speech in the academy: two statements, by two very different academics, Dr Priyamvada Gopal and Dr David Starkey, have generated myriad accusations of racism and online abuse. In this blog, I consider the comments made by Dr Starkey through the lens of the law protecting Academic Freedom of Speech.

Dr Starkey, the widely known historian (specialising primarily in the Tudor period) with a significant media profile, made a number of very controversial comments during an online interview which were reported here.

Dr Starkey held an Honorary Fellowship at Fitzwilliam College, Cambridge, and resigned ahead of a review of his position at a meeting of the college's Governing Body. Dr Starkey also held a visiting professorship at Canterbury Christ Church University ("CCU"). The university announced the termination of that position on 3 July.

The Fitzwilliam fellowship

In light of his resignation, Fitzwilliam's Governing Body did not need to meet to consider (presumably consider removing) Dr Starkey's Honorary Fellowship. However, had they met and resolved to remove the Fellowship, would they have been prevented from doing so because of the law protecting Academic Freedom of Speech? Further, was the termination of Dr Starkey's Visiting Professorship at CCU a violation of his rights under that same law?

As far as the Statutes of Fitzwilliam College are concerned, it would seem that the tenure of an Honorary Fellow may be terminated by a vote in which not less than two-thirds of the Governing Body concur. The Statutes do guarantee the freedom of academic staff to, within the law, "question and test received wisdom, and to put forward new ideas and controversial or unpopular opinions, without placing themselves in jeopardy of losing their jobs or privileges". However, this provision does not appear to apply to Honorary Fellows.

Despite the fact that there seems to be nothing in the College Statutes which help Dr Starkey, one would also need to consider the College's wider legal obligations with regard to Academic Freedom of Speech - in particular s43 of the Education (No. 2) Act 1986 and Article 10 of the European Convention on Human Rights (ECHR). For a full discussion of these obligations, see here.

To summarise the position briefly: I believe that Dr Starkey would fail in any claim he sought to bring via either of these routes.

First, there is serious doubt as to whether s43 even applies to...

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