‘Chilling effect’: Peter Ridd loses High Court battle 23/06/2021 Peter Ridd ahead of his High Court appeal in Canberra. Jamila Toderas/The Australian

Dr Ridd was sacked in 2018 for a breach of Townsville’s James Cook University’s code of conduct, over comments he made about colleagues working on the impact of climate change on the Great Barrier Reef.

The marine physicist had appealed to the High Court, arguing that his sacking was illegal because it breached the employment agreement which he said protected academic freedom.

In a unanimous decision today, five justices dismissed Dr Ridd’s appeal – finding that his early criticism of climate research and the reef was protected by academic freedom but that his later comments justified his termination.

In a statement, the university welcomed the outcome as confirmation “that the termination of Dr Ridd’s employment had nothing to do with academic freedom”, adding that it strongly supported the freedom of staff to engage in academic and intellectual freedom.

“James Cook University, at all times, has made clear that it strongly supports the pursuit of intellectual inquiry and the freedom of staff to engage in academic and intellectual freedom,” JCU said.

But, in an emotional statement on social media, Dr Ridd declared the decision was “just a small battle in a much bigger war”.

“We lost, in my opinion, because JCU’s work contract, under which I was employed, effectively kills academic freedom of speech – and the contract is effectively the law,” he wrote.

“So, JCU’s actions were technically legal. But it was, in my opinion, never right, proper, decent, moral or in line with public expectations of how a university should behave.”

His ire at the death of “academic freedom of speech” was echoed in a statement from Mr Tudge, who said that while he respected the decision of the High Court, he was “concerned that employment conditions should never be allowed to have a chilling effect on free speech or academic freedom at our universities”.

“Freedom of speech and academic freedom are the most fundamental principles of a university,” he added.

“University staff and students must have the freedom to challenge and question orthodoxies, without fear of losing their job or offending others.”

The Education Minister added that “we need a culture in our universities of accepting and welcoming open robust debate, even if some feel offended in the process”.

“I am concerned that, in some places, there is a culture of closing down perceived ‘unwelcome thoughts’ rather than debating them,” he said.

“I will be getting further advice on the implications of the Ridd case. There are few things more important for the advancement of truth and knowledge than having open, robust debate at our universities.”

While Dr Ridd was first awarded $1.2 million compensation by the federal circuit court for his May 2018 dismissal, this was later overturned by the federal court on appeal.

In the lead-up to his sacking, he questioned the scientific research by institutions including the Great Barrier Reef Marine Park Authority and Australian Research Council Centre of Excellence for Coral Reef Studies.

Then, in 2017, Dr Ridd told Sky News that although scientists “genuinely believe that there are problems with reef … I think they’re emotionally attached to their subject” and “you can longer trust their stuff”.