On 25 March 1811, Percy Bysshe Shelley (aged 18) was summarily expelled from the University of Oxford by the then-Master of the College for “contumaciously refusing” to deny that he had (co-)written a pamphlet titled ‘The Necessity of Atheism’. Distributed in both Oxford and London, copies were also sent to various professors and other leaders within the college.
Today he might have settled for posting anonymously on Twitter (more likely Bluesky, where his bio might read ‘Atheist. Lover of Humanity. Democrat.’) but do you think it’s likely he’d face such serious disciplinary action in light of the Higher Education (Freedom of Speech) Act and the threat of sanctions from the Office for Students?
Formal reports of hate or harassment now require a careful reading of the Act’s framework for assessing new cases. Though the guidance isn’t always straightforward to apply, documenting the rationale behind any decision to act (or not act) is vital.
Given the last major blasphemy prosecution in England took place in 1977 (courtesy of Mary Whitehouse) it’s possible Oxford would have been on solid regulatory ground in expelling Shelley back in 1811. However, today (atheism as a protected belief notwithstanding) it would still be expected to follow due process, conduct a robust investigation and disciplinary process, and document clear reasoning for any decisions made.
Happily Shelley didn’t seem a very litigious sort and he moved on with life, but how different things might have been!