The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour?
A successful claim for unlawful dismissal and an award of significant damages and pecuniary penalties in favour of Professor Ridd against James Cook University ('JCU') in the Federal Court has attracted attention in the media and in academic circles. Professor Ridd has been considered by...
| Main Authors: | , |
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| Format: | Journal Article |
| Language: | English |
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University of Western Australia
2020
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| Online Access: | http://www.able.uwa.edu.au/centres/uwalr/issues/2020-volume-47,-issue-2 http://hdl.handle.net/20.500.11937/79026 |
| _version_ | 1848763994335084544 |
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| author | Guthrie, Robert Levine, Pnina |
| author_facet | Guthrie, Robert Levine, Pnina |
| author_sort | Guthrie, Robert |
| building | Curtin Institutional Repository |
| collection | Online Access |
| description | A successful claim for unlawful dismissal and an award of significant damages and pecuniary penalties in favour of Professor Ridd against James Cook University ('JCU') in the Federal Court has attracted attention in the media and in academic circles. Professor Ridd has been considered by some to be a champion of the rights of academic freedom and free speech at universities. Perhaps less publicized is the Model Code for the Protection of Free Speech and Academic Freedom at Universities ('Model Code') recommended by former High Court Chief Justice Robert French. The Model Code has been seen as a panacea for the protection of these rights, though it has yet to be adopted. A closer examination of the decision in Ridd v James Cook University ('Ridd') and the Model Code reveals both may have unintended consequences for universities. This paper will explore the possibility that Ridd and the adoption of the Model Code may render University Codes of Conduct effectively irrelevant and universities almost powerless when responding to discourteous and disrespectful behaviour by their staff and students. |
| first_indexed | 2025-11-14T11:12:18Z |
| format | Journal Article |
| id | curtin-20.500.11937-79026 |
| institution | Curtin University Malaysia |
| institution_category | Local University |
| language | English |
| last_indexed | 2025-11-14T11:12:18Z |
| publishDate | 2020 |
| publisher | University of Western Australia |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | curtin-20.500.11937-790262021-02-25T08:44:39Z The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? Guthrie, Robert Levine, Pnina A successful claim for unlawful dismissal and an award of significant damages and pecuniary penalties in favour of Professor Ridd against James Cook University ('JCU') in the Federal Court has attracted attention in the media and in academic circles. Professor Ridd has been considered by some to be a champion of the rights of academic freedom and free speech at universities. Perhaps less publicized is the Model Code for the Protection of Free Speech and Academic Freedom at Universities ('Model Code') recommended by former High Court Chief Justice Robert French. The Model Code has been seen as a panacea for the protection of these rights, though it has yet to be adopted. A closer examination of the decision in Ridd v James Cook University ('Ridd') and the Model Code reveals both may have unintended consequences for universities. This paper will explore the possibility that Ridd and the adoption of the Model Code may render University Codes of Conduct effectively irrelevant and universities almost powerless when responding to discourteous and disrespectful behaviour by their staff and students. 2020 Journal Article http://hdl.handle.net/20.500.11937/79026 English http://www.able.uwa.edu.au/centres/uwalr/issues/2020-volume-47,-issue-2 University of Western Australia fulltext |
| spellingShingle | Guthrie, Robert Levine, Pnina The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| title | The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| title_full | The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| title_fullStr | The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| title_full_unstemmed | The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| title_short | The Ridd Case and the model code for the protection of free speech and academic freedom: Wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| title_sort | ridd case and the model code for the protection of free speech and academic freedom: wins for academic freedom or losses for university codes of conduct and respectful and courteous behaviour? |
| url | http://www.able.uwa.edu.au/centres/uwalr/issues/2020-volume-47,-issue-2 http://hdl.handle.net/20.500.11937/79026 |