ABA House calls out law firm intimidation, supports the First Amendment and more
The ABA House of Delegates adopted more than 50 policy matters when it met during the annual meeting.
One, Resolution 509, opposes government action punishing or threatening lawyers, law firms or other organizations for representation of clients or causes disfavored by the government.
Other proposals addressed democracy in America, including Resolution 512, which reaffirms the ABA’s commitment to upholding the rule of law and protecting civil rights and urges all levels of government to ensure that laws are enacted and enforced in a manner consistent with constitutional principles, preserve judicial independence, safeguard the rights of vulnerable communities and promote civic education.
Also approved was Resolution 511, which opposes the dismantling or defunding, in whole or in part, of any federal agency or independent agency created by legislation or halting any of such an agency’s statutory functions in the absence of legislation expressly authorizing such measures.
Resolutions related to education also were approved by the House of Delegates. Resolution 504, which urges law schools to actively promote environments where civil discourse can thrive —particularly through student debate unions and forums that serve as essential spaces for free expression, reasoned discussion and the exchange of diverse perspectives on contentious issues—was passed on the consent calendar.
Resolution 513—which supports the academic freedom of American universities, colleges and law schools and opposes governmental efforts to impose the government’s viewpoint with respect to the academic qualifications of students or faculty or the content of curricula or specific courses—also passed; along with Resolution 505, which urges law schools to adopt clear, specific and transparent policies governing the use of generative artificial intelligence tools by students.
The First Amendment was invoked in several resolutions passed by the House.
Resolution 514, which urges the federal government to enact legislation and regulations recognizing a reporter’s privilege that enables journalists to protect their unpublished work product and supports the holding in New York Times v. Sullivan protecting the press from retaliatory defamation claims for reporting on matters of public interest and concern, was adopted.
Resolution 517, which supports the First Amendment rights of public employees at all levels of government to speak about matters of public concern without fear of retaliation, also was passed.
Other resolutions approved include:
• Resolution 518: Opposing the adoption of laws that impose criminal and civil penalties based on an individual’s conduct during pregnancy or its outcome.
• Resolution 522: Urging Congress to pass the Election Day Act, or similar legislation, to establish a federal Election Day on the Tuesday after the first Monday in November in every even-numbered year as a federal public holiday.
• Resolution 605: Urging states and courts to study community justice worker programs successfully implemented in several U.S. jurisdictions and to adopt such programs appropriate for their jurisdiction to expand the accessibility, affordability and quality of civil legal services provided to those who cannot afford an attorney, while continuing to protect clients and the public.
• Resolution 607: Opposing the enactment and enforcement of—and supporting the repeal of—laws, policies and practices by authorities that punish people who are experiencing homelessness and/or poverty.
In the June-July issue, the ABA Journal told stories of bullying in the profession—and efforts to combat it. The ABA House in August took aim at the problem. Read more online at ABAJournal.com/bullying.
The House also considered several governance issues determining how the association will operate in the future. A complete list of resolutions and the House action on them can be found at ABAJournal.com/annual_25.
The House is chaired by Jonathan Cole of Tennessee and encompasses more than 550 delegates from ABA entities and state, local and specialty bar associations. The next House meeting is scheduled for Feb. 9 in San Antonio.
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