Free Speech Union backs Royal Holloway student after Freshers' Fair dispute
30 March 2026
The Free Speech Union is supporting Brodie Mitchell, a 20-year-old student at Royal Holloway, University of London, who is taking legal action against the university following his suspension over a joke made during a Freshers' Fair dispute.
Mr Mitchell, an undergraduate studying Politics and International Relations, became involved in an altercation at the Freshers' Fair last September after he was called a "wannabe Jew" by Huda El-Jamal, president of the university's Friends of Palestine Society. In response, Mr Mitchell — who describes himself as a "non-Jewish Zionist" — remarked that Ms El-Jamal was wearing a "tea towel" on her head, referring to the keffiyeh scarf.
The following day, Mr Mitchell was suspended for nine weeks while the university conducted an investigation into "alleged conduct that could be considered hate speech". During this period, he was banned from campus and forced to leave his accommodation for several days. By contrast, Ms El-Jamal was permitted to continue her studies on campus without interruption.
The Free Speech Union has backed Mr Mitchell's case and submitted a formal complaint to the Office for Students (OfS), the independent regulator for higher education in England, citing serious concerns about Royal Holloway's handling of free speech.
With the Free Speech Union's support, Mr Mitchell has since returned to campus. However, he remains subject to restrictive, onerous conditions governing who he may speak to and what he is permitted to say. The university has also warned that any further breach of its rules — however minor — could result in his expulsion.
This case raises serious concerns about fairness and the consistent application of disciplinary standards on campus in relation to free speech.
Royal Holloway is now preparing to defend its actions in the High Court at significant expense. At a recent costs management hearing, the university indicated that its legal fees could reach £734,000 — a figure described by Mr Mitchell's barrister, Francis Hoar, as "grossly disproportionate and unreasonable". The scale of this expenditure is excessive and clearly has the aim of deterring a young student from litigation.
The Higher Education (Freedom of Speech) Act 2023 (HEFSA) marked a significant development in strengthening free speech protections on English university campuses. However, despite being passed under the previous Conservative government, key provisions of the Act were paused by the current Education Secretary, Bridget Phillipson, delaying their implementation.
Universities must now move beyond "business as usual" and take their responsibilities to uphold free speech seriously. Royal Holloway's handling of this case suggests that it has yet to fully comprehend its legal duty to protect the free speech of its students.
Mr Mitchell is expected to argue at a three-day trial that his suspension caused him to miss seven weeks of teaching, hindering his studies and meaning that he will finish after his peers.
The case also arises amid broader concerns about the impact of the Government's official definition of Islamophobia — now repackaged as "anti-Muslim hostility" — which is already having a chilling effect on free speech and open debate about Islam.
The Free Speech Union is challenging the restrictions placed on Mr Mitchell and has called on the OfS to investigate. To support Mr Mitchell and other members facing similar challenges, donations can be made to the Free Speech Union's legal defence fund, which helps secure expert legal representation for those under threat.
Read more: Free Speech Union backs Royal Holloway student in legal battle (The Telegraph).
Facing disciplinary action at university for something you said?
The FSU defends students and academics targeted for their speech on campus. Join 40,000 members. From £29.99/year.
Join the FSU Today