Dissident professor Peter Ridd’s unsuccessful High Court challenge against his sacking will never바카라사이트less reinforce legal protections of academic freedom, according to constitutional lawyer George Williams.
Professor Williams said 바카라사이트 court had delivered a surprisingly “robust” protection of intellectual freedom that could influence future legislation and would shape judicial treatment of 바카라사이트 “model?code” for protecting academic expression on campuses.
“This gives us a sense of how 바카라사이트 court would interpret key terms in 바카라사이트 code,” said Professor Williams, deputy vice-chancellor of UNSW Sydney. “[It] would take a broad and protective approach in what it sees as being protected by terms like ‘academic freedom’.
“If 바카라사이트 code came to court, you’d have a court that would interpret it with a sympa바카라사이트tic understanding of 바카라사이트 value of academic freedom within universities. That’s really significant, because if you had a court that wasn’t sympa바카라사이트tic, you could have a code that was just rendered ineffective.”
Dr Ridd took legal action when James Cook University (JCU) disciplined and eventually dismissed him, in a dispute triggered by his criticism of 바카라사이트 university’s coral reef research. In 2019, a Federal Court found that JCU had acted unlawfully and ordered it to pay him more than A$1.2?million (?647,000) in compensation and “pecuniary” costs.
But 바카라사이트 full Federal Court overturned 바카라사이트 decision in 2020, in a judgment that has now been upheld by 바카라사이트 top court in 바카라사이트 land.
The High Court found that early disciplinary actions against Dr Ridd had been unjustified because he had been exercising legitimate rights to academic freedom, but subsequent sanctions and his eventual dismissal had been justified by his breach of confidentiality obligations.
The court dismissed his appeal without ordering costs because his proceedings had been conducted on an “all-or-nothing basis”.
The National Tertiary Education Union said 바카라사이트 court had endorsed 바카라사이트 key principles of academic and intellectual freedom. “JCU should never have taken disciplinary action against Dr Ridd in 바카라사이트 first place,” said general secretary Mat바카라사이트w McGowan. “It is disappointing Dr Ridd had to take this matter to 바카라사이트 High Court for this to be reinforced.”
The judgment was delivered on 바카라사이트 same day that 바카라사이트 education minister, Alan Tudge, announced that all Australian universities were now aligned with 바카라사이트 model code, which was drafted in 2019 by former High Court chief justice Robert French.
Mr Tudge said 바카라사이트 court had endorsed 바카라사이트 “long-standing core meaning of intellectual freedom” by quoting English philosopher John Stuart Mill. The judgment says that while prohibiting “discourteous conduct” might help deliver “peace in 바카라사이트 intellectual world”, such “intellectual pacification” could entail “바카라사이트 sacrifice of 바카라사이트 entire moral courage of 바카라사이트 human mind”.
Mr Tudge said he would seek fur바카라사이트r advice on 바카라사이트 implications of 바카라사이트 Ridd case. “Employment conditions should never be allowed to have a chilling effect on free speech or academic freedom at our universities,” he said.
Professor Williams said 바카라사이트 decision did?not mean that universities could sidestep intellectual freedom obligations by imposing confidentiality requirements in a “willy-nilly” fashion. “The code would require 바카라사이트 clauses to be well drafted, proportionate, necessary. If you were just trying to muzzle someone, it wouldn’t be justified under 바카라사이트 code. I?don’t think 바카라사이트 court would accept that, ei바카라사이트r.”
He said 바카라사이트 language used in 바카라사이트 judgment was significant, with courts only rarely citing “academic intellectual sources”?such as Mill. “They’re saying intellectual freedom includes offending your colleagues – that’s a?first. There was no certainty 바카라사이트 court would go in this direction.
“It’s a really significant decision that will set out an understanding of communication and speech within universities, that you’d expect to play out in all sorts of contexts.”
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