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Free Speech

ABA Adopts New Academic Freedom / Freedom of Expression Requirement for Law School Accreditation

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This apparently just happened; here's the full American Bar Association standard (and see this ABA Journal article):

Standard 208: Academic Freedom and Freedom of Expression

[a] A law school shall adopt, publish, and adhere to written policies that protect academic freedom. A law school's academic freedom policies shall:

[1]​ Apply to all full and part-time faculty, as well as to all others teaching in law school courses;

[2] Apply to conducting research, publishing scholarship, engaging in law school governance, participating in law related public service activities, curating library collections and providing information services, and exercising teaching responsibilities, including those related to client representation in clinical programs; and

[3] Afford due process, such as notice, hearing, and appeal rights, to assess any claim of a violation of the academic freedom policies.

[b]​ A law school shall adopt, publish, and adhere to written policies that encourage and support the free expression of ideas. A law school's free expression policies must:

[1]​ Protect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular, including through robust debate, demonstrations, or protests; and

[2]​ Proscribe disruptive conduct that hinders free expression by preventing or substantially interfering with the carrying out of law school functions or approved activities, such as classes, meetings, library services, interviews, ceremonies, and public events;

[c] Consistent with this Standard, a law school may:

[1] ​Restrict expression that violates the law, that falsely defames a specific individual, that constitutes a genuine threat or harassment, or that unjustifiably invades substantial privacy or confidentiality interests.

[2] Reasonably regulate the time, place, and manner of expression.

[3] Adopt policies on academic freedom and freedom of expression that reflect the law school's mission, including a religious mission, to the extent such policies are protected by the First Amendment of the United States Constitution and are clearly disclosed in writing to all faculty, students, and staff prior to their affiliation with the law school.

Interpretation 208-1[:] Standard 208 applies to both public and private law schools.

Interpretation 208-2[:] A law school may, when appropriate, differentiate among students, faculty, and staff in its policies on freedom of expression.

Interpretation 208-3[:] Standard 208(a) does not preclude a law school from identifying the courses that will be taught, requiring courses to cover particular content, or requiring faculty, students, or staff to clarify in appropriate circumstances that their views are not statements by or on behalf of the law school.

Interpretation 208-4[:] This Standard does not prevent a law school from applying disciplinary action for conduct identified in Standard 208(b)(2).

Interpretation 208-5[:] Subsection (c) recognizes that law schools may restrict speech consistent with the First Amendment of the United States Constitution.

Interpretation 208-6[:] Effective legal education and the development of the law require the free, robust, and uninhibited sharing of ideas reflecting a wide range of viewpoints. Becoming an effective advocate or counselor requires learning how to conduct candid and civil discourse in respectful disagreement with others while advancing reasoned and evidence-based arguments. Concerns about civility and mutual respect, however, do not justify barring discussion of ideas because they are controversial or even offensive or disagreeable to some.

[From the accompanying Report:] … In the background, but not influencing the creation of Standard 208, were the widely publicized disruption of a speech at Stanford Law School in March 2023 and a letter that month to the Council from the U.S. House Committee on Education and the Workforce asking the Council to investigate the Stanford Law School's compliance with Standard 405(b)….