Non-Disparagement Clauses and How They Hamper Academic Freedom
Commentary
Australian universities have reportedly been slow to implement the “Model Code for the Protection of Freedom of Speech and Academic Freedom in Australian Higher Education Providers.”
Principle 2 of the Code, prepared by former Chief Justice of Australia, Robert French, states that, “a person’s lawful speech on the university’s land or in connection with a university activity shall not constitute misconduct nor attract any penalty or other adverse action by reference only to its content.”
By the end of last year, only nine out of Australia’s 42 universities had completely adopted the Code.