Legal Education
Majority of law school faculty self-censor, think legal education headed in wrong direction, new survey finds
A majority of law school faculty said legal education is headed in the wrong direction and feel unable to freely express their opinions for fear of how students, colleagues or administrators would respond. (Illustration from Shutterstock)
A majority of law school faculty said legal education is headed in the wrong direction and feel unable to freely express their opinions for fear of how students, colleagues or administrators would respond.
That’s according to the finding of a new survey of nearly 2,000 law school faculty at 192 ABA-accredited law schools by the Foundation for Individual Rights and Expression, a nonprofit organization that defends free speech.
Released Tuesday, 57% identified as liberal leaning, 18% identified as conservative leaning, 16% identified as moderate, and 10% identified as something else, according to the survey.
“Law schools are supposed to train the future lawyers, judges and policymakers of America to grapple with all sides of an argument and make the strongest possible case for their position,” said Nathan Honeycutt, the manager of polling and analytics for the Foundation for Individual Rights and Expression, in a June 9 press release. “When faculty report feeling unable to speak freely, it becomes harder to teach and model those critical skills for the next generation of legal professionals.”
According to the survey, 58% of law faculty said American legal education is heading in the wrong direction. Fifty-six percent of law faculty reported at least occasionally feeling unable to express their opinions because of how students, colleagues or the administration would respond. The survey found that the need to self-censor was especially true for conservative faculty, at 72%, while 50% of liberal faculty also feel the same.
While 85% said speech used in a classroom that many find offensive deserves complete First Amendment protection, 89% said students should be able to express views on course material that other students find controversial.
Only 44% said a notably conservative person would fit well with their law school, while 81% said a liberal person would be a good fit, according to the survey. Most faculty said they personally would not discriminate against a liberal or a conservative candidate; 56% think that their colleagues would at least sometimes be less likely to hire a conservative applicant.
A majority, 54%, rejected DEI statements as “never” or “only rarely” justified in hiring, while 57% disagreed with its use for promotion or tenure decisions, according to the survey.
Write a letter to the editor, share a story tip or update, or report an error.
