In 2025 Parliament legislates the (fictitious) “Students’ Freedom of Expression Act
2025”.
The government initiated this legislation after many young adults complained that
employers refuse to employ them due to things they wrote on social media while they
were University students. The government explains that at such a young age, students’
views are not fully formed, and they tend to adopt radical opinions which they later
regret. While the government can prevent employers from considering what minors
wrote in deciding on employability, it cannot do the same for adults. Hence, while the
government acknowledges the importance of free exchange of views, there is a great
need to ensure that young adults, who invested time and effort in professional training,
would be hired.
Section 19 of the Act allows Head of Schools of Law in UK universities to regulate law
students’ freedom of expression to “ensure their future employability with special
emphasis on the unique characteristics of the legal job market.” The 2025 Act was
determined to be compatible with the Human Rights Act by the Supreme Court and
the ECtHR.
In June 2026, Mr. Mourinho is appointed Head of School of the University of Tottenham
Law School. The prior Head of School, Ms. Fergie never used her powers according to
the 2025 Act and declared after the Act was legislated that “Tottenham School of Law
believes in freedom of expression.”
In his first day as the Head of School, Mr. Mourinho examines the Public Law marks
and decides to forbid Mr. Kane from posting on social media on legal issues. He writes
to Mr. Kane that “the decision is effective immediately. I saw that you failed your exam
in Public Law and read your script. Your understanding of public law is very flawed,
and I believe that anything you may write on the web on legal issues may hinder your
future employability. We can of course meet and discuss my decision. I am sure that
your mother who went to law school with me, would agree with my decision. Once you
pass your public law exam, I will reconsider my decision.”
Later that week Mr. Mourinho receives an email from Mr. Zidan, who teaches a module
on the UK Supreme Court, referring him to a post written in a special Facebook group
that is open only to students in the module taught by Mr. Zidan. The post was written
by a third-year student, Ms. Lingard who criticizes harshly a decision by the Supreme
Court. Mr. Mourinho invites Ms. Lingard to a hearing the next day. In the hearing he
tells Ms. Lingard that her “critique on the Court undermines the status of the judiciary.
In the UK, we need strong courts, and the legal profession must support the courts.
The reputation of this school is also jeopardised by your irresponsible post.” Ms.
Lingard is very surprised as she was sure Mr. Mourinho invited her to congratulate on
her excellent marks. She asks Mr. Mourinho who informed him about the post, but he
refuses saying “young lady, you are not here to cross examine me.”
A day after the meeting, Mr. Mourinho informs Ms. Lingard that she is forbidden from
posting on the internet until she formally graduates from the school in September
2026.
Discuss the grounds that Mr. Kane and Ms. Lingard can raise against Mr. Mourinho’s
decisions both according to the HRA and according to traditional judicial review
