In a landmark decision on Monday, the American Bar Association (ABA) has enforced a crucial amendment requiring law schools to embrace free speech policies or risk losing their accreditation. The ABA’s House of Delegates solidified this transformative measure, compelling law schools to formulate and publicize policies actively encouraging and supporting the open exchange of ideas.
These policies must extend protection to the rights of faculty, staff, and students to express controversial or unpopular opinions, fostering an environment conducive to robust debate, demonstrations, or protests. Simultaneously, they are obligated to prohibit any disruptive activities that impede free expression or significantly disrupt the functioning of law school activities.
While the ABA’s accreditation rules have long safeguarded the academic freedom of faculty, this marks the first instance of a comprehensive approach toward ensuring free speech across the entire law school community. The move is a direct response to a series of high-profile incidents at prestigious law schools where students disrupted speakers, reflecting broader campus tensions, particularly concerning the conflict between Israel and Hamas.
Stanford University found itself in the midst of controversy when students disrupted remarks by 5th U.S. Circuit Court of Appeals Judge Stuart Kyle Duncan in March. Following the incident, the law school implemented mandatory free speech training for students, underlining the gravity of the situation. Similarly, Yale Law School strengthened its commitment to free speech after an upheaval in March 2022, where students disrupted a campus discussion featuring Kristen Waggoner, president of the conservative religious rights group Alliance Defending Freedom. The aftermath of this incident led two federal judges to announce their decision not to hire clerks from Yale.
The ABA’s Council of the Section of Legal Education and Admissions to the Bar initiated the groundbreaking free speech rule in November, receiving widespread public support during the comment period. However, the rule only attained finality after the House of Delegates, the ABA’s policymaking body, formally endorsed it.
This transformative decision not only reshapes the landscape of legal education but also underscores the growing importance of free speech in academic institutions across the nation.
