Law Schools Must Implement Robust Free Speech Protections to Keep ABA Accreditation
Jose Nino
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The American Bar Association recently approved a free speech mandate for its accreditation criteria. The vote to approve the resolution was made at the organization’s meeting on February 5, 2024
“A law school shall adopt, publish, and adhere to written policies that protect academic freedom,” the resolution declared. The free speech policy at each law school must be used for “research, scholarship, law school governance, and teaching responsibilities, among other campus activities” per a report by The College Fix.
The policy will govern students, faculty and staff’s conduct. On top of that, it must “afford due process, such as notice, hearing, and appeal rights, to assess any claim of a violation of the academic freedom policies.”
The policy is titled “Standard 208: Academic Freedom and Freedom of Expression.” According to this new rule, law schools must also prohibit “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.”
The free speech policy was initially put forward in August 2022, but was never voted on, per the ABA resolution’s report on the issue.
“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.”
Standard 405 only mandated law schools to have “an established and announced policy with respect to academic freedom and tenure.”
The new policy greatly expands that mandate.
This is a good first step by the ABA. For the longest time, the ABA has been a gatekeeping institution that has protected certain elements of the ruling class.
However, due to the insanity taking place on campuses nationwide, some members of the ruling class are recognizing that things are getting out of control across the nation. This is a positive development.
That said, the real Right needs to step up to the plate and directly take on the Left in academic institutions. The way to do that is through the use of prudential state power.
No questions asked.
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