American midwifery student in Scotland fights for free speech rights

An American midwifery student living in Scotland was temporarily removed from her training with the National Health Service (NHS) over comments she made on a Facebook forum, in which she objected to performing an abortion. 

Sara Spencer, a student at Edinburgh Napier University, was removed from her training placement at the NHS Fife hospital and the university conducted a “fitness-to-practise” investigation as a result of comments made on a private midwifery Facebook group in which she responded to a post asking: “Do midwives have anything to do with abortions, and can they refuse to take part in carrying them out because of their beliefs?” 

Spencer responded to the question, explaining that midwives have ”a right to refuse to take part [and the] law protects [individuals’] statutory right of conscientious objection,” and that she would personally object to participating in “killing” an unborn child.  

The 30-year-old mother of three told Fox News Digital that, among midwives, it’s relatively common knowledge that midwives can refuse to partake in abortion under Scottish law. Now, Alliance Defending Freedom (ADF) UK, which is providing Spencer with legal support, claims the decision violates the right of medical staff and students to free speech and conscientious objection. 

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 As a result of complaints about her comments, Spencer was summoned to a meeting with her line manager at NHS Fife, who turned the matter over to Edinburgh Napier University and initiated an investigation for what they said brought the profession or the University into disrepute, for conducting herself in a manner “detrimental to the safety, dignity, and wellbeing and personal and/or professional reputation of others,” for misusing social media and for conducting herself in a manner falling below the expectations of the student’s relevant Professional Code, according to ADF UK. 

In a statement to Fox News Digital, NHS Fife said, “The conduct of students on placement is a matter for their academic institution and not an NHS Fife. NHS Fife is committed to fostering a safe, inclusive, and respectful workplace where all employees are valued and supported in line with our legal duty.”

The statement continued, “Our staff, including students on clinical placement, are expected to adhere to professional standards as defined by regulatory bodies such as the Nursing and Midwifery Council. On this occasion, we understand that the university placed the student on a short leave of absence, rather than suspending them, and they then returned to NHS Fife to complete their placement.” 

Spencer, with the help of ADF and its legal counsel, wrote a defense statement that she gave to the university’s “fitness-to-practise” officer and he wrote back stating that his decision was there was “no case to answer” and that she was free of all charges. Spencer was allowed back on placement. 

With support from ADF UK, Spencer is now seeking acknowledgment of the rights to both conscientious objection and freedom of expression of protected beliefs from the NHS hospital, as well as assurances that they will not discriminate against those students and professionals who express pro-life views in the future.  

“Once I got my ‘no case to answer,’ I wanted to know how they were going to make sure that this kind of thing didn’t happen again the next time a student or an employee expressed pro-life beliefs,” she said. “How were they going to protect that individual from being targeted again? And from being put through an unnecessary investigation? I wasn’t able to have any of those conversations.”

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A spokesperson for Edinburgh Napier University told Fox News Digital: “We are unable to comment on individual student circumstances.” The statement added, “All midwifery students are expected to abide by the code of practice set out by the Nursing and Midwifery Council.”

Spencer’s professors have reportedly continued to issue warnings to her about her social media use, referring to her comments about her pro-life beliefs as “inappropriate,” according to ADF UK.  

“It left me with an open door,” Spencer said of the investigation’s outcome. “‘Yes, you can come back, we’ll have you back, begrudgingly. You can carry on in your studies.’ But I went back with so much anxiety and so much lack of clarity as to where I stood in reference to NHS Fife and what I can feel confident doing moving forward in regards to my freedom of expression. And, that’s still where I am.”

“I have felt very fearful of expressing my views publicly again, because I have gotten no assurances that I will not be put through the same exact process,” she added. 

Lois McLatchie Miller, a Scottish spokesperson for ADF UK, told Fox News Digital that Scotland’s laws protect freedom of conscience for all medical professionals, who should never be compelled to act in a way they consider harmful.  

Miller explained that the Scottish Government is currently undertaking a review of the country’s abortion law, which is being led by a panel of experts who she said have had a career within or around the abortion industry. The Abortion Law Review Expert Group is expected to provide Scottish ministers with recommendations on whether aspects of the existing law should be changed in 2025. 

“One of the subjects on the table is freedom of conscience, so Sara’s case could not emphasize more clearly the importance of maintaining strong protections for freedom of conscience for every medical professional,” Miller said. “We know, of course, that nobody should ever be forced to participate in an abortion. That’s the last thing I think anyone wants, forcing someone to do something against their will … no matter your ideology.”

“What’s important at the moment is acknowledgment from NHS Fife about every medical professional’s right to free speech, right to express themselves on matters of importance and especially in Sara’s case, being in a private Facebook group,” she added to Fox News Digital. “It’s well within her rights to be able to engage in conversation with her peers about relevant subject issues.”

Miller said Sara’s case also highlights the importance of academic freedom and highlights situations where pro-life students have felt shunned from campus or had to fight to maintain the right to speak freely. 

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Jeremiah Igunnubole, legal counsel for ADF UK, said in a press release that Sara’s career has been negatively impacted by a cultural prejudice against people with pro-life opinions both at her university and in her workplace.  

“It’s clear that, while committed to a number of diversity policies, universities across the country have struggled to uphold true diversity of thought – punishing students who peacefully express their own ideas,” Igunnubole said.

“Sara’s story points to a need for legislation which reaffirms freedom of speech in these learning environments, if the reputational standards of Scottish universities are to remain intact,” he added.

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Last month, Scottish police arrested a 74-year-old grandmother for offering conversation to women contemplating abortions because she was in a so-called buffer zone, which criminalizes pro-life speech near abortion facilities. Docherty was the first person to be arrested and charged under The Abortion Services (Safe Access Zones) Act, which went into effect in September 2024. 

During British Prime Minister Keir Starmer’s visit to the White House last week, Vice President J.D. Vance highlighted concerns about “infringements on freedom of speech” in the UK, “…which also affect American technology companies and by extension, American citizens.”