1. Home
  2. About NYU Law
  3. Academic Freedom and Freedom of Expression (ABA Standard 208)

Academic Freedom and Freedom of Expression (ABA Standard 208)

New York University and New York University School of Law are committed to the principles of free inquiry, free expression, and free association.  Our institution is a community in which the means of seeking to establish truth are open discussion and free discourse.  We are further committed to establishing an environment in which every member has the opportunity to flourish.  As such, the University and the Law School have adopted policies and procedures safeguarding and defining our core values of academic freedom and freedom of expression.  

I. University-Wide Policies on Academic Freedom and Freedom of Expression 

A. The Statement in Regard to Academic Freedom and Tenure in the University Faculty Handbook and the Policy on Academic Freedom and Freedom of Expression in the University Student Conduct Policy provide the principal framework for academic freedom at the University and the Law School.  

B. Several additional University policies proscribe disruptive conduct, provide guidance and time, place, and manner restrictions, and identify University community responsibilities.  The Law School and its members are subject to and governed by these policies, some of which are listed below, and such policies operate in conjunction with academic freedom and freedom of expression protections.

II. Additional Law School Policies on Academic Freedom and Freedom of Expression 

As a rule, the Law School is subject to and governed by the University’s adopted and published policies. The Law School has adopted supplementary policies to clarify the application of academic freedom principles within the context of legal education and particular institutional and professional contexts.  These supplementary policies, which are consistent with and do not diminish the protections afforded by the University-wide policies, include:

Points of Clarification

Which Law School faculty are covered by the University and Law School’s academic freedom and freedom of expression policies?

The academic freedom policy published in the Statement in Regard to Academic Freedom and Tenure is applicable to tenured faculty and tenure-track faculty, including clinical faculty with those designations, and continuing contract faculty, including continuing contract clinical faculty. 

The policy is also applicable to “other faculty” during the term of their contract or appointment and when acting in their faculty capacity.  According to the University bylaws, also published on the University website, the category of “other faculty” includes adjunct faculty, in-residence faculty, visiting faculty, global faculty, temporary faculty, instructors, non-continuing contract faculty, and others. The category of “instructors” within “other faculty” reaches guest lecturers, who are considered instructors for other purposes at the Law School. 

Law librarians, or Law Library faculty, are covered by the faculty academic freedom policy when acting as instructors, providing information services to Library users in accordance with professional standards, and when participating in curatorial decisions under the direction of, and as established by, the Law Library Director.  

Law School administrators who teach courses are designated as adjunct faculty and are, therefore, covered by the faculty academic freedom policy when acting in their faculty capacity.  

Additionally, the University policy on Speakers and Other Campus Visitors provides further freedom of expression protections to guest lecturers. 

At the Law School, the academic freedom policy applies to research, publication, teaching and classroom discussion, and also, when relevant, to participating in Law School governance, law-related public service activities, and client representation in clinical programs.

Importantly, policies listed under I.B. and II. above, such as the Policies on Non-Discrimination and Anti-Harassment and Policy on Filing or Joining Briefs or Reports, are applicable to Law School faculty, and provide guidance and time, place, and manner restrictions which operate in conjunction with academic freedom protections. 

How can a faculty member seek redress of a grievance related to academic freedom policies?

Faculty seeking redress of grievances implicating academic freedom may pursue relief through the procedures published in the University Faculty Handbook, specifically:

At the Law School, adjunct or part-time faculty should communicate their concern to the current Chair of the Committee on the Review of Adjunct Faculty, who will oversee the process outlined in the Grievance Procedures for Other Faculty.  

Faculty members with questions about these policies should contact Associate Dean for Academic and Faculty Affairs Megan McDermott at megan.mcdermott@law.nyu.edu. 

To whom should a student address a question or complaint related to freedom of expression policies?

Vice Dean Randy Hertz is the ombudsperson of the Law School and entertains queries and complaints in writing dealing with the ABA’s accreditation standards, the University or Law School policy, classes, or personnel.  The Vice Dean may enlist the assistance of another office of the Law School or University in addressing the particular inquiry. When the Vice Dean is unable to address an issue, he or she may designate a Faculty member. If the Vice Dean has a conflict, the Dean will designate a Faculty member.  Students may submit complaints in writing to the Office of Academic Services in person in Furman Hall, Suite 400, or via email to law.acadservices@nyu.edu.  Complaints will be forwarded to the Vice Dean for review and resolution.  The Law School maintains a record of student complaints submitted during the most recent accreditation period, which includes the resolution of the complaint. Such records are maintained by the Office of Academic Services.