A fight is currently being waged on the battlegrounds of university campuses across our nation, and the broader world: a fight for freedom of speech in Australia and for democracy.
This fight is not a new one, but it is increasing in its ferocity, as universities are enforcing policies, at a rate never seen before, that are explicitly hostile and restrictive to free speech.
Such policies fly directly in the face of the rich and proud history of student activism that is embedded in the lifeblood of our universities.
Students fight for freedom of speech in Australia
Built on core values of democracy and academic freedom, universities are designed not just to impart knowledge, but to invite and encourage the discussion and challenge of ideas to take place. It is through these debates that the knowledge imparted can be questioned, honed, and applied to enact progressive liberal change in our society.
This change is invaluable.
It was students, after all, who brought their numbers and voices together to mobilise against the Vietnam War, to speak up against the discrimination of Indigenous and First Nations people, to condemn the South African apartheid, and to bolster the fight for women's rights and for the environment.
Fight to Free Palestine
Now the fight being taken up by students is speaking out for a Free Palestine; a stance which has been openly backed by international bodies including:
- the International Court of Justice,
- International Criminal Court,
- United Nations,
- and Amnesty International
All of the above have reported that the unlawful settlement and actions of Israel towards Palestine that has taken place since 7 October 2023 constitute, at minimum, crimes of war, and at maximum, genocidal conduct.
Yet despite this open international condemnation and criminalisation of the actions of Israel, students reiterating this stance and speaking up against the genocide are facing blatant opposition and punishment from universities who are wielding excessive restrictive policies to hinder the very robust political debates that universities are designed to encourage.
Fighting for our client's right to freedom of speech in Australia
Recently, our firm represented two such students, on a pro-bono basis, who had their education threatened as a direct result of their involvement in a democratic meeting of students inviting the university they attended to cut ties with weapons companies and to show support for a Free Palestine.
The motivation of the students was simple: they wanted their university to know that they, amongst many other students, actively stood against the ongoing genocide taking place in Palestine.
They wanted to use their fundamental right to freedom of speech in Australia to make their position clear, hold their university accountable, and enact change.
No violence was used. Only words. And for their actions, their education was put at threat.
Fortunately, with our legal representation and guidance, the students were able to address the threat head-on and obtain a successful outcome allowing them to continue their studies unimpeded.
Need a civil lawyer for activism?
Unfortunately, however, this is just one story amongst many, with other students, especially those not able to access legal representation, not always obtaining such successful outcomes.
Our stance at O'Brien Criminal & Civil Solicitors is plain. It is important, now more than ever, to fight for our freedom of speech in Australia and to protect the enriching activism that forms the very essence of the democracy that our universities and government are built upon.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
