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American Bar Association mandates crackdown on law student speech

By staff

Temple University Beasley School of Law in Philadelphia.  | Staff/Fight Back! News

Philadelphia PA – On October 16, over the objections of students, Temple University Beasley School of Law adopted anti-protest policies mandated by the American Bar Association. In the spring of 2024, the American Bar Association (ABA) adopted a mandate forcing all law schools to adopt policies designed to prevent the student protests that have taken place since October 7, 2023.

While the student movement has recently surged as a part of the broader pro-Palestine movement, law student protests that have raised concern from the ABA also include the pro-choice and LGBTQ rights activism following judicial attacks on women and LGBTQ people in the courts.

This encroachment on the right to protest is couched in language about protecting free speech and diversity of thought, with the ABA calling this new mandate a protection for the free speech rights of reactionaries who have been the target of student protests. The Bar Association mandate demands that law schools pass policies banning “disruption” and setting strict and indefinite acceptability standards.

For instance, Temple Law has changed its policy in order to keep accreditation away from a standard that only banned unreasonable disruption to one that bans “substantial” disruption and puts a blanket ban on students from acting contrary to orders given by administrators. Further rules have been adopted by Temple Law to comply with the new ABA rules about acceptable places for protest, including restricting protests at “common areas and public events.” Where before there were objective tests of the reasonableness of a disruptive protest and the appropriateness of the location and time, now the rule is against protest itself.

Supporters of Temple Law Students for Justice in Palestine wrote comments against the new policy. The Temple University Student Bar Association rejected the policy, returning it to the rule makers for review. Rule makers have refused to revise the new conduct code and like law schools around the country, Temple Law has adopted the ABA’s anti-free speech rules.

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