The Properties of Universities and Universities' Property

Academic Freedom, Freedom of Expression, and Accessing Campuses

Abstract

The issue as to whether protests or other political demonstrations may be held on university campuses draws together interconnected issues related to freedom of expression and academic freedom. This paper offers analysis of the legal rights and obligations for post-secondary institutions in Canada and the United Kingdom. Are publicly funded universities obligated to open campus facilities to a wide range of interest groups? Must universities guard against “hate speech”? The key point is that the exercise of free expression is nuanced and that decisions should be – and often are – reached after serious consideration of the likely impacts on free expression and the impacts that allowing such free expression might have on others, including vulnerable individuals.