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Clinical Academic Freedom: Old Threats, New Protections

Author: G S. Hans (Cornell Law School)

  • Clinical Academic Freedom: Old Threats, New Protections

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    Clinical Academic Freedom: Old Threats, New Protections

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Abstract

In 2025, law school clinics and their academic independence took major blows from all directions. Clinical faculty were investigated for their impact and entire programs’ efforts were impeded. This clinical interference came after recent attacks on the legal profession by the Trump administration and the federal government at large. Whether a clinic’s representation of particular clients came under Congressional question or their advocacy was hindered and censored by state governments, questions surrounding the scope of clinic academic freedom remain. This Essay seeks to survey and evaluate the current legal landscape of clinic independence in late 2025. Exploring the breadth of First Amendment law and its application to clinical work and administration, this Essay urges and encourages law schools and universities to protect and implement academic freedom protections. This Essay also seeks to support the development of legal theories grounded in the Fifth & Sixth Amendments and the right to counsel to further shield legal clinicians and their work from relentless attacks and undue pressure. As times go on, there will be no shortage of critical work and representation for our students and clinicians to embark on. The question is, how far will we go to protect the legal profession and the clients and clinics that ground it?

Keywords: #ClinicalAcademicFreedom, #LawClinicsUnderAttack, #FirstAmendmentDefense, #RightToCounsel, #LegalEducationCrisis

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