During its hybrid meeting in Chicago on Friday, the Council of the American Bar Association Section of Legal Education and Admissions to the Bar voted to send the newly crafted Standard 208, Academic Freedom and Freedom of Expression, out for notice and comment. This decision is of significant note as the standard tackles the interconnected topics of academic freedom and freedom of expression, a critical element to the evolution of law and effective legal education, which necessitates free and extensive investigation, exposition, and the exchange of ideas [Law.com].
This standard has been put forth on the principle that professors must have the liberty to educate and discuss debatable subjects, while students must be encouraged to respectfully grapple with offensive or contentious positions. This perspective provides students with a deeper understanding of contrasting viewpoints and enables more cogent advocacy of their own stances. As put by Vice Chair Daniel Thies, “shouting down or avoiding such positions cannot be a good way to train lawyers”.
The strategic review committee issued an Aug. 17 memo to the council tackling this Standard’s details. Expectations from this proposed rule and the potential impact on academia and law school curricula are yet to be discussed during the notice and comment period.