Speaking Out on Campus: The University as a Platform for Free Speech or Academic Discourse?

Campus protests have been testing European universities. The demonstrations at Freie Universität Berlin highlighted the tension between seeing universities as open spaces for free speech and regarding them primarily as institutions dedicated to academic discourse. German courts have leaned toward the latter approach, whereas EU law provides a broader scope for academic freedom while still tying it to academic contexts. Although the upcoming European Research Area Act does not appear to address this issue, guidance from EU law could help universities strike a better balance between protecting the right to protest and safeguarding academic freedom.