Statement on Free Expression

What is the right of free expression?

The right of free expression means the freedom to investigate, comment, listen, gather, challenge and critique subject to the law, and on the university’s campuses, subject to institutional policies and procedures related to the functioning of the university. Free expression can take many forms and mediums and extends beyond merely freedom of speech. The right of free expression protects any activity or communication which conveys or attempts to convey meaning. This includes written, oral, visual and artistic expression, along with any other non-verbal forms of communication that attempt to convey meaning.ⁱ

Why is free expression important?

The purpose of protecting the right to free expression is to promote truth, diversity of ideas, political and social participation, and self-fulfilment. Free expression allows individuals to question and consider new ideas and to develop as an autonomous person. 

The freedom to exchange ideas and information is also vital to the academic mission of the university as a place for the advancement and dissemination of knowledge, and as a place for the presentation and discussion of ideas. The concept of free expression is a foundational principle of all great universities. The university is committed to fostering an environment of free inquiry, open debate and diversity of opinions. Free expression also contributes to the growth of public knowledge and is a fundamental tenet of a free, democratic and flourishing society.

What is the Statement on Free Expression and why was it developed?

In 2019, the Government of Alberta asked all 26 post-secondary institutions in Alberta to draft a policy on free expression that aligns with the basic tenets of the Chicago Principles (a set of guiding principles on free expression developed by the University of Chicago that have since been widely adopted by universities and colleges). 

In response to this directive, the university formed the Free Expression Committee to develop a Statement on Free Expression for our university with the input of many stakeholders. Consultation took place between September and November 2019. The Statement was finalized and submitted to the Government of Alberta on Nov. 13, 2019, and approved on Dec. 4, 2019. The Statement on Free Expression was approved by the Board of Governors on Dec. 13, 2019.

A Statement on Free Expression is important because it clearly communicates and supports free expression within our community. It reaffirms the university’s fundamental commitment to free expression as foundational to teaching, learning, and research, as well as its commitment to inclusiveness and respect.

Who has the right to free expression at the university?

All members of the university community, including students, faculty, staff, alumni, and visitors, have the right to free expression, in accordance with the law and the university’s principles and policies.

Are there limits to free expression?

Yes, there are limits to free expression at the university. The right to free expression does not protect or permit certain modes of expression that are illegal or unlawful, such as violence, harassment, or threats, hate speech, discrimination, and defamation. The form or location of expression may also be limited to ensure other activities are not interfered with. 

While the university is committed to supporting free expression, it must ensure that the university’s mission and the academic and administrative operations of the university are not impeded. Expression at the university may be limited to ensure that the proper operation of the university is not impeded or interfered with. The university may reasonably restrict the time, place and manner of expression to ensure the proper operation of the activities of university and ensure a safe and conducive work, learning and living environment.

While the scope of free expression is broad, members of the university community should treat others with respect as the university is a place of tolerance, respect, and inclusion.

What does “hate speech” mean?

Hate speech includes both 1) the communication of statements in a public place which incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace; and 2) the communication of statements that willfully promote hatred against an identifiable group. An “identifiable group” is any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, sexual orientation, gender identity or expression, or mental or physical disability. Hate speech also includes the willful promotion of genocide. 

Hate speech is illegal and not protected under the right to free expression.ⁱⁱ

What is the difference between free expression and academic freedom?

While both free expression and academic freedom support the exploration and dissemination of knowledge and information, they are not the same thing. 

Academic freedom is a protection afforded to academic staff at the university. It includes the right of the academic staff to examine, to question, to teach, to learn, to investigate, to speculate, to comment, to criticize, to write, to publish and the like freely, without pressure, direct or indirect, to conform to or defer to prescribed doctrines, and it recognizes the right of academic staff to engage in these activities. Academic freedom includes the duty of scholarly integrity to use that freedom in a manner consistent with the responsibility to base research and teaching on an honest search for knowledge. The core purpose of academic freedom is to allow all researchers, instructors, and faculty members the freedom to pursue and discuss issues in their field of expertise without interference. Academic freedom does not justify misconduct that is prohibited by a collective agreement or other policy.ⁱⁱⁱ

Academic freedom is limited to activities pursued by academic staff and carries professional duties and responsibilities. Free expression is broader and relates to individuals or groups of individuals who express themselves in the context of the university.

How does free expression apply to controversial speakers or issues in classrooms?

The university is committed to fostering an environment of free inquiry, open debate, and diversity of opinion. The university supports students and others sharing their views about subjects — including those that are unpopular or controversial — in a safe and respectful manner. The university strives to create a campus culture that is inclusive and respectful — one that values diversity and the dignity of every person.

Censorship of ideas and viewpoints is counter to the university’s mission and its Statement on Free Expression. The university does not attempt to shield any of its members from debates or opinions that may be perceived as controversial, immoral or offensive. It is for individuals, not the institution, to make those judgments for themselves. Nor does the university seek to suppress debate and deliberation about controversial ideas. 

The teaching of controversial subjects presents an opportunity to expose students to a wide variety of perspectives, and to provide them with tools to analyze issues and communicate across differences. The university offers several resources for teaching controversial issues. 

This does not mean that the university tolerates all expression. All speakers and classroom debates are subject to the limits of the law and by university policies and procedures related to the functioning of the university. Illegal conduct, such as hate speech, violence, discrimination, defamation and harassment are prohibited forms of expression, as is conduct that interferes with the operation of the university. The university unequivocally condemns any such conduct.

Does the university endorse events held on campus or the views of individuals or groups speaking on campus?

No. The university supports the right to free expression and how expression takes place, but this does not equate to the university endorsing or sponsoring the opinions and ideas of its members and guest speakers. The use of university facilities for activities or events does not imply the university’s endorsement of any expressed views, ideas or positions. While the university may provide the space or venue for groups or individuals to express their ideas, the institution does not typically take a position on these events or issues. The goal of the university is to support its community in advancing its educational and research mission and to foster open debate in its many forms. Please refer to the Use of University Facilities for Non-Academic Purposes Policy.

Will the university cancel an event if the administration or members of the university community disagree with the opinions and views being expressed?

No. The university will not prevent an event from occurring because of disagreement with the views or opinions being expressed. The Statement on Free Expression, and the right of free expression, recognize the expression of ideas that the university or its members disagree with, as long as the opinions and views expressed do not violate the limits of free expression and as long as the event does not create safety concerns or disrupt the functioning of the university. An event may be cancelled if there is a reasonable belief that such a violation or safety concern/disruption will occur. The university also reserves the right to manage the time, place, and manner of expression, and the use of university resources, to address concerns over security and disruptions to the activities of the institution.  

If I disagree with an event or activity, can I protest it?

Yes. The right to free expression includes the freedom to critique and contest the expression of others and the university recognizes non-violent protest, criticism, and disagreement as forms of expression. Protests and critiques are subject to the same freedom and limitations as other forms of expression and cannot be used to obstruct or prevent the free expression of others. They also cannot be used to disrupt academic or other activities on campus and must comply with all applicable laws and university policies. 

The university expects that the freedom to critique and contest the expression of others in research, teaching, learning, and other settings will be exercised with respect and civility. Such critique and contest may include:

• organizing a boycott of the event;
• holding a peaceful protest rally outside the building hosting the event or speaker;
• arranging a competing speaker or event; or
• communicating the concerns with event or speaker in writing.

How is the university protecting community members from expressions of hate, discrimination, harassment or threats?

The university is committed to providing a supportive and inclusive work and learning environment for all members of its community. The university enforces a number of policies, including the Code of Conduct, Use of university Facilities for Non-Academic Purposes Policy, Workplace Violence Policy, Student Academic Misconduct Policy, and Harassment Policy, to help ensure the well-being of all of its community members.   Any activity that is an expression of hate, harassment, or threat, or which otherwise violates a university policy will be dealt with under the applicable policy and any related procedure. The university is committed to promoting respectful dialogue on campus and supporting all members of its community. There are numerous wellness resources available to students and staff via their respective wellness offices  

Beyond its policies, procedures and codes of conduct, the university seeks to provide information on harassment and discrimination and to provide support for those affected by harassment or discrimination and those seeking support in maintaining a respectful environment.

Who do I contact if I feel harassed, discriminated against, or threatened?

If you believe you have grounds to make a complaint of harassment, discrimination, or threatening behaviour, please contact the Student Conduct Office, People and Culture, Protected Disclosure and Research Integrity Office, or a supervisor or manager within the institution. 

If you believe someone is breaking the law, you can call Campus Security at 403.220.5333 or campus.security@ucalgary.ca.  

Who do I contact if I think someone has violated my right to free expression?

If you are an undergraduate or graduate student, please contact Student Legal Assistance.