Freedom of speech is an integral part of education. At all student levels, being able to freely express your opinions and beliefs is not only a constitutional right but also crucial for academic development. Freedom of speech in schools and institutions of higher learning is nuanced, however. A new rule coming from the American Bar Association is a good example of this complexity. 

If your freedom of speech has been threatened at your school, the Lento Law Firm can help. Call 888-535-3686 or fill out our online form to speak with a member of our team. 

New Free Speech Rules for Law Schools 

A new rule adopted by the American Bar Association in February 2024 requires all accredited law schools in the U.S. to adopt a free speech policy. These policies must protect students', faculty's, and staff's rights to express controversial ideas. They must also forbid conduct that limits free expression. 

Any law school that doesn't have a free speech policy risks losing accreditation. It should be noted that most law schools already have a free speech policy in place. This new rule from the ABA simply places more pressure on law schools by making it a requirement. 

Free Speech in Higher Education 

Free speech and freedom of expression are hot-button issues at colleges and universities. Some of the most common issues include: 

• Faculty or instructors giving controversial statements about a subject during class 
• Students saying or doing things on campus that other students might find offensive, harassing, or disrespectful 
• Campus public speaking events where a guest speaker's opinions are considered controversial by students, instructors, administrators, or alumni 
• Anyone on campus saying or doing things that tend to threaten, harass, offend, or disrespect members of a protected class 

There have been many disputes on college campuses across the country focused on free speech, most of them involving one or more of the issues listed above. As a student, faculty, or staff member at a college, university, or graduate school, it's important to be aware of what your free speech rights really are and how you can exercise them. 

When Can Schools Limit Free Speech? 

The constitutional right to free speech refers to the freedom from government retaliation based on your publicly expressed opinions. In other words, the federal government can't come after you for what you say. Free speech does not mean that there are never consequences to expressing your opinions on campus, however. Schools do have the authority to limit free speech and discipline students for it in some circumstances, such as: 

• Speech that threatens imminent danger 
• Speech that disrupts orderly education 
• Speech that appears to be sponsored or endorsed by the school 
• Speech in school newspapers 
• False speech that unreasonably destroys reputation 
• Pornographic speech 
• Lewd or profane speech (usually at elementary and secondary school levels rather than post-secondary) 
• Harassing speech 
• Gang symbols or dress 
• School walkouts 
• Non-curricular school clubs 

If you're concerned that your school has threatened your free speech rights or unjustly punished you for expressing your opinion, our Student Defense Team of attorneys can help. Call the Lento Law Firm today at 888-535-3686 or submit your case information in our online form, and we'll reach out to you.