It’s important for schools to clearly state that the disruption of speakers is not tolerated, and if students do that, they will face academic discipline,” says Erwin Chemerinsky, dean of the University of California at Berkeley School of Law and an ABA Journal contributor. Image from Shutterstock.
Following various controversies around campus speech and a U.S. House of Representatives committee request to investigate a Stanford Law School incident, the Strategic Review Committee of the ABA’s Section of Legal Education and Admissions to the Bar has proposed a new accreditation standard focused on guidance for academic freedom policies.
Outlined in an Aug. 2 memo, the proposal also addresses freedom of expression. Currently, Standard 405(b) requires law schools to have an “established and announced policy” about academic freedom. The memo suggests creating a new standard, which would include language saying it applies to full- and part-time faculty, affords due process to people who claim their academic freedom has been violated and condemns disruptive behavior that hinders free expression.
The memo marks the first step of the proposed revision, and its authors suggest it go out for notice and comment if approved, as is customary with standards changes. The Legal Education and Admissions to the Bar council is scheduled to vote on the matter Friday when it meets in Chicago.