University of Sussex wins landmark freedom of speech case as court overturns record fine
Kathleen Stock, a professor of philosophy, was forced out of her post in 2021 after facing death threats and protests over her view that gender was not more important than biological sex.
The University of Sussex has successfully appealed a £585,000 fine imposed by a regulator as the high court rejected claims the university breached free speech.
Listen to this article
The university was fined a record £585,000 by the Office for Students (OfS), the regulator of England's universities, following a three and a half year investigation into its handling of the case of Kathleen Stock.
The judge accused the regulator of taking a "closed-minded" approach to any evidence that would have supported a conclusion other than that Sussex University had breached freedom of speech.
The Vice Chancellor of Sussex University said the ruling was a "devastating indictment of the impartiality and competence of the OfS" while the OfS said it would "carefully consider" the judgement before deciding on next steps.
Read more: Transgender women athletes banned from female Olympic events
The OfS fine was based on the university's trans and non-binary inclusion policy which required course materials to “positively represent trans people” and said “transphobic propaganda … will not be tolerated”. The regulator said these were liable to stifle or restrict free speech.
Kathleen Stock, a professor of philosophy, was forced out of her post in 2021 after death threats and protests over her view that gender was not more important than biological sex.
High Court judge Mrs Justice Lieven ruled on Wednesday on whether due process had been followed in the decision to issue the fine.
Read more: NHS nurse reinstated after facing disciplinary hearing over calling transgender paedophile 'Mr'
The university argued the regulator attached too much importance to the trans and non-binary policy in forming its judgment, claiming it was "not a governing document".
The court upheld the university's claim, and several other concerns raised around the process, including the regulator's approach to defining what constituted academic freedom.
The court did not consider what happened to Stock, but on the process which led to the decision to issue the fine.
The Vice-Chancellor and President of the University of Sussex, Professor Sasha Roseneil, said: "I am delighted that Sussex's foundational commitments to academic freedom and freedom of speech have been recognised by the High Court."
She added the ruling raised questions around the " impartiality and competence of the OfS, implicating its operations, leadership, governance, and strategy.
"It raises important and urgent questions for the government as it plans to grant ever more powers to the regulator."
The OfS was bolstered last summer after the government introduced a freedom of speech law creating a complaints system for academics to use.
The regulator may be able to issue multi-million-pound fines from April 2027.
Josh Fleming, interim chief executive of the Ofs, said they would "carefully consider the consequences of the judgement before deciding on next steps".
He said: "Our focus remains on students and the sector, and we are pleased that following our investigation a dozen institutions, including the University of Sussex, have amended policies which restricted freedom of speech.
"As a result, students and academics should feel greater confidence in their ability to engage in the free and frank exploration of thought that characterises English higher education."
Universities UK, which represents over a hundred institutions, said universities would work with the off to "reset relationships and rebuild trust".
It added: "Effective regulation depends not just on enforcement, but on trust, clarity, and a shared understanding of respective roles."