Common use of Freedom of Expression Clause in Contracts

Freedom of Expression. In order to give expression to this commitment, so far as is reasonably practicable, access to the premises of FMC shall not be denied to any registered student or staff member of FMC, or to any individual or body of persons invited to the premises of FMC by a registered student or staff member of FMC, on any grounds relating to: • the beliefs or views of that registered student, staff member or person so invited; or • the policies or objectives of that body; except insofar as the expression of such belief, views, policies or objectives shall be unlawful and where it is reasonably anticipated that the unlawful expression of such beliefs, views, policies or objectives might occur on the relevant occasion. Subject to the above, it shall be contrary to this Agreement for any person to take any action other than by reasonable and peaceful persuasion or peaceful protest, and to prevent any student or group of students from attending any lecture, tutorial or other academic activity required by, or properly associated with, the programme for which they are duly enrolled because of the lawful views held or expressed or which are reasonably likely to be expressed as part of that academic activity, whether or not it takes place within FMC. However, the commitments to academic freedom (Appendix A) and freedom of speech (Appendix B) within the law are not absolute. FMC is not required to provide a platform for views which are contrary to civil or criminal law. It is mindful of its other legal obligations which may require it to have regard to what is said on its premises, so in addition to affirming FMC’s commitment to promoting academic freedom and freedom of speech within the law, this Agreement also specifies circumstances in which academic freedom and freedom of speech might properly be restricted. Therefore, FMC may itself apply restrictions (see procedure below) in circumstances where they are necessary for FMC: • to discharge its obligations under the Education (No 2) Act 1986, The Education Reform Act 1988, or the Counter Terrorism and Security Act 2015; or • to safeguard the safety, health and welfare of its registered students, staff and other persons lawfully upon the premises or engaged in activities associated with FMC, including giving effect to the safeguards set out in the Equalities Act 2010; or • to enable use of FMC’s premises to be consistent with maintaining and promoting the efficient conduct and administration of FMC’s functions. Just as FMC will not restrict reasoned and well-evidenced debate or deliberation simply because the views being expressed might be considered unwise or even offensive (except for views considered gratuitously offensive or intended to cause offense), it also expects members of FMC’s community to show commitment to this same principle by not obstructing or interfering with the rights of others to hold and express views with which they might disagree profoundly, as set out in this Agreement. The principle of freedom of expression set out here shall extend to the performance of the proper functions by academic staff including all facilitators and visiting and guest lecturers legitimately present by invitation of FMC in accordance with its approved policies and processes. Where any person or organisation wishes to hold a meeting or event for the expression of views as set out in this agreement on premises which FMC controls, FMC shall not unreasonably refuse

Freedom of Expression. In order to give expression to this commitment, so far as is reasonably practicable, access to the premises of FMC shall not be denied to any registered student or staff member of FMC, or to any individual or body of persons invited to the premises of FMC by a registered student or staff member of FMC, on any grounds relating to: • the beliefs or views of that registered student, staff member or person so invited; or • the policies or objectives of that body; except insofar as the expression of such belief, views, policies or objectives shall be unlawful and where it is reasonably anticipated that the unlawful expression of such beliefs, views, policies or objectives might occur on the relevant occasion. Subject to the above, it shall be contrary to this Agreement for any person to take any action other than by reasonable and peaceful persuasion or peaceful protest, and to prevent any student or group of students from attending any lecture, tutorial or other academic activity required by, or properly associated with, the programme for which they are duly enrolled because of the lawful views held or expressed or which are reasonably likely to be expressed as part of that academic activity, whether or not it takes place within FMC. However, the commitments to academic freedom (Appendix A) and freedom of speech (Appendix B) within the law are not absolute. FMC is not required to provide a platform for views which are contrary to civil or criminal law. It is mindful of its other legal obligations which may require it to have regard to what is said on its premises, so in addition to affirming FMC’s commitment to promoting academic freedom and freedom of speech within the law, this Agreement also specifies circumstances in which academic freedom and freedom of speech might properly be restricted. Therefore, FMC may itself apply restrictions (see procedure below) in circumstances where they are necessary for FMC: • to discharge its obligations under the Education (No 2) Act 1986Xxx 0000, The Education Reform Act 1988Xxx 0000, or the Counter Terrorism and Security Act 2015Xxx 0000; or • to safeguard the safety, health and welfare of its registered students, staff and other persons lawfully upon the premises or engaged in activities associated with FMC, including giving effect to the safeguards set out in the Equalities Act 2010Xxx 0000; or • to enable use of FMC’s premises to be consistent with maintaining and promoting the efficient conduct and administration of FMC’s functions. Just as FMC will not restrict reasoned and well-evidenced debate or deliberation simply because the views being expressed might be considered unwise or even offensive (except for views considered gratuitously offensive or intended to cause offense), it also expects members of FMC’s community to show commitment to this same principle by not obstructing or interfering with the rights of others to hold and express views with which they might disagree profoundly, as set out in this Agreement. The principle of freedom of expression set out here shall extend to the performance of the proper functions by academic staff including all facilitators and visiting and guest lecturers legitimately present by invitation of FMC in accordance with its approved policies and processes. Where any person or organisation wishes to hold a meeting or event for the expression of views as set out in this agreement on premises which FMC controls, FMC shall not unreasonably refuserefuse consent. FMC reserves the right to refuse consent to any meeting or event which involves, or is reasonably expected to involve, the expression of views that are in breach of this Agreement or where there are other reasonable grounds for refusal. All such requests should be made and will be considered by FMC in accordance with its policy for governing the organisation of external speakers and events.