I was notified of Emerald’s decision not to proceed by Tony Roche, Emerald’s publishing director, in an email on 10th June:
I am contacting you in regard to your manuscript In Defense of Free Speech: The University as Censor. Emerald believes that its publication, in particular in the United Kingdom, would raise serious concerns. By the nature of its subject matter, the work addresses sensitive topics of race, religion, and gender. The challenging manner in which you handle these topics as author, particularly at the beginning of the work, whilst no doubt editorially powerful, increase the sensitivity and the risk of reaction and legal challenge. As a result, we have taken external legal advice on the contents of the manuscript and summarize our concerns below.
There are two main causes of concern for Emerald. Firstly, the work could be seen to incite racial hatred and stir up religious hatred under United Kingdom law. Clearly you have no intention of promoting racism but intent can be irrelevant. For example, one test is merely whether it is “likely” that racial hatred could be stirred up as a result of the work. This is a particular difficulty given modern means of digital media expression. The potential for circulation of the more controversial passages of the manuscript online, without the wider intellectual context of the work as a whole and to a very broad audience—in a manner beyond our control—represents a material legal risk for Emerald.
Secondly, there are many instances in the manuscript where the actions, conversations and behavior of identifiable individuals at specific named colleges are discussed in detail and at length in relation to controversial events. Given the sensitivity of the issues involved, there is both the potential for serious harm to Emerald’s reputation and the significant possibility of legal action. Substantial changes to the content and nature of the manuscript would need to be made, or Emerald would need to accept a high level of risk both reputational and legal. The practical costs and difficulty of managing any reputational or legal problems that did arise are of further concern to Emerald.