American Bar Association Mandates “Academic Freedom” Policies for Law Schools

• The American Bar Association passed a resolution mandating law schools to adopt “academic freedom” policies safeguarding freedom of speech.

• The resolution addresses recent protests at Stanford and Yale law schools against conservative speakers like Judge Kyle Duncan and Kristen Waggoner.

• Law school policies must explicitly prohibit disruptive conduct that substantially interferes with educational functions.

• The new standard emphasizes the importance of robust debate while balancing concerns about civility and mutual respect.

• The ABA’s decision underscores its role in shaping the landscape of academic freedom within legal education institutions.

The American Bar Association’s policy-making body passed a resolution requiring law schools to adopt explicit “academic freedom” policies safeguarding freedom of speech. The measure protects individuals expressing unpopular or controversial ideas, responding to recent protests against conservative Stanford and Yale law school speakers.

Upholding Freedom of Expression

The resolution, passed by a voice vote of the ABA House of Delegates during the midyear meeting in Louisville, mandates that law school policies explicitly prohibit disruptive conduct that substantially interferes with the functioning of legal education institutions. The move is a response to incidents such as the protests at Stanford, which prompted the university to issue an apology to federal appeals court judge Kyle Duncan.

A New Standard for Academic Freedom

Antonio Garcia-Padilla, a professor at the University of Puerto Rico School of Law and council representative to the House of Delegates, emphasized that the resolution seeks to establish a new standard for academic freedom. This standard, more direct and comprehensive than the existing one, allows schools to maintain a culture of robust debate while ensuring freedom of expression for the law school academic community.

Balancing Civility and Free Speech

Padilla further stressed that concerns about civility and mutual respect should not be grounds for barring the discussion of ideas, even if they are controversial or offensive to some. The new policy emphasizes that law schools may restrict expression only when it violates the law, falsely defames specific individuals, or constitutes a genuine threat or harassment.

ABA’s Role in Shaping Law School Policies

While the American Bar Association’s jurisdiction in mandating school policies may be unclear, the association plays a crucial role as the accrediting body for law schools. The association’s president, Mary Smith, highlighted that the ABA already sets guidelines for law schools in various areas, such as curriculum and student evaluations.

Addressing Recent Incidents

The ABA’s decision comes in the aftermath of disruptive student protests at Yale and Stanford law schools during events featuring conservative speakers. These incidents made it challenging for speakers like Judge Kyle Duncan and Kristen Waggoner of the Alliance Defending Freedom to address students. Stanford’s subsequent apology to Duncan acknowledged that the disruptions were inconsistent with the school’s commitment to free speech policies.

The American Bar Association’s recent resolution marks a significant step in shaping the landscape of academic freedom, aiming to strike a balance between fostering robust debate and maintaining a respectful environment within law schools.