A potential change is on the horizon for American law schools, as a proposal under consideration by the American Bar Association (ABA) could require these institutions to adopt written free speech policies. Although prompted by high-profile incidents of student disruptions during speaker events, the proposal is not a direct outcome of these incidents.
The ABA’s Council of the Section of Legal Education and Admissions to the Bar, recognized by the U.S. Department of Education as the accreditor for law schools, has voted to accept the proposal for public review.
The proposal, developed by the Strategic Review Committee (SRC), aims to safeguard academic freedom and freedom of expression within law schools. While each law school would draft its own policy, the proposal sets certain key aspects that must be included:
Protection of the rights of faculty, students, and staff to engage in controversial or unpopular communication, including robust debate, protests, and demonstrations.
Prohibition of disruptive conduct that impedes free expression by obstructing law school activities like classes, meetings, and public events.
The proposal, if adopted, would apply broadly to ABA-accredited law schools, covering full-time and part-time faculty, researchers, scholars, and those engaged in law-related public service. The policy would require due process for individuals accused of policy violations, including notice, hearings, and appeal rights.
Certain restrictions could be allowed under the policies, such as prohibiting unlawful expressions, defamation, threats, harassment, and invasions of privacy. Reasonable regulation of the time, place, and manner of expression could also be implemented. The policies might reflect the law school’s mission, including religious missions, as long as these policies adhere to the law and are communicated to all affiliated individuals prior to their association with the institution.
The policy proposal aims to provide clearer guidelines for addressing free speech issues that have emerged over the past years, with instances of student protesters disrupting speaker events at law schools. However, the ABA states that this review of freedom of expression policies for law schools began prior to these incidents. The proposal is also influenced by concerns about potential legislative restrictions on certain subjects taught in law schools.
Legal experts and advocacy organizations generally support the proposal. They believe that while many law schools already have free speech policies in place, this proposal could encourage more proactive enforcement.
The proposed policy is seen as crucial for fostering open dialogue and principled engagement within law schools, while still allowing for necessary regulations to ensure a respectful and inclusive environment. The ABA will continue to review the proposal, and its potential impact on legal education and academic freedom is widely discussed within the legal community.