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American Bar Association @americanbar.org · 7d

October is Domestic Violence Awareness Month. Learn how you can help those affected with this library of free webinars from the ABA's Commission on Domestic & Sexual Violence: https://bit.ly/4nLWkQL

The text "Observing Domestic Violence Awareness Month" with a background featuring geometric triangles on a teal and black gradient.

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American Bar Association @americanbar.org · 12d

Department of Justice proceedings must remain nonpolitical.

The American Bar Association is greatly concerned about the recent pattern of actions by the Department of Justice that continue to erode the department’s historical independence from political influence.
Using government power to threaten people and groups on political grounds is antithetical to our system of justice and the rule of law. Intimidating a political opponent, a lawyer or law enforcement official who was doing their job, an organization that pursued missions not favored by the president, state attorneys general and even members of Congress is unacceptable. Evidence, not ideology, should always be the north star.

“Independence in the work of the Department of Justice has been the norm for decades going back to the time of Watergate. When that independence is threatened there is a negative effect on our justice system,” said ABA President Michelle A. Behnke. “Prosecutorial decisions must be free from political direction so that we don’t have a corrosive loss of the public’s trust and confidence in our systems.”
For decades, the Department of Justice has maintained an independence from the president. Lessons learned from the Watergate scandal helped establish stronger norms and rules to protect the department's independence from political influence. This is a precedent worth preserving.

The ABA passed policy 15 years ago concerning the partisan political interests of prosecutors and other government lawyers. It urges the president and the attorney general to assure that lawyers in the Department of Justice do not make decisions concerning investigations or proceedings based upon partisan political interests and do not perceive that they will be rewarded for, or punished for, not making a decision based upon partisan political interests.
The ABA remains committed to this policy today.

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American Bar Association @americanbar.org · 12d

#OnThisDay in 1789, John Jay was unanimously confirmed as the first Chief Justice of the U.S. Supreme Court. Many of Jay's duties involved establishing rules, procedure and precedents. Jay served until 1795 and decided just four cases during his tenure.

Portrait of John Jay, one of the Founding Fathers of the United States, depicted in judicial robes and sitting next to a table with a document.

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American Bar Association @americanbar.org · 13d

Freedom of speech is a bedrock Constitutional principle. The ABA encourages dialogue as protected by the First Amendment, underscoring that free speech is a concept grounded in Constitutional law and defined by centuries of legal precedent.

Recent events, including an executive order on flag burning and comments and actions from elected and appointed officials with respect to comic material on broadcast television, have raised the specter of First Amendment violations.

The constitutional protection for free speech is not absolute and principally constrains government regulation of private speech. Restrictions imposed by private entities, such as broadcast media corporations, usually do not implicate the First Amendment. Complexity arises when the government, which regulates aspects of broadcast media corporations under the charge of the Federal Communications Commission, engages in commentary that would suggest a conditional arrangement between broadcast content and access to airwaves.

While there is no one-size-fits-all test for deciding whether a speech regulation complies with the First Amendment, there are multiple Supreme Court precedents that speak to different standards.

The Supreme Court ruled in the 1963 case Bantam Books v. Sullivan that the government cannot make threats that influence speech and has upheld that decision in subsequent rulings. In 2024’s NRA v. Vullo ruling, the Supreme Court ruled that government officials cannot coerce or pressure private parties to punish or suppress views the government disfavors. Justice Sonia Sotomayor wrote for the Supreme Court in a unanimous ruling in the case that, “The critical takeaway is that the First Amendment prohibits government officials from wielding their power selectively to punish or suppress speech.”

In Texas v. Johnson (1989), the Supreme Court ruled that flag burning is a form of "symbolic speech" protected by the First Amendment. After Congress tried to pass legislation banning flag burning a year later, in United States v. Eichman, the justices invalidated the law and enshrined flag burning with First Amendment protection.

The Supreme Court also has ruled that “hate speech” is generally protected. In a series of decisions — Brandenburg v. Ohio (1969), Snyder v. Phelps (2011) and Matal v. Tam (2017) — the court decided that speech that merely advocates violence but not likely to produce immediate violence is protected. The court also ruled that the First Amendment protected the right of individuals to express extremist views, even in highly sensitive contexts like military funerals. In Matal v. Tam, the justices unanimously reaffirmed that there is no "hate speech."

Speech between individuals or on social media that is not controlled or influenced by the government does not fall under First Amendment protections. Private individuals, businesses or organizations are not prevented from imposing their own restrictions on speech. While the government cannot generally regulate private speech, some types of harmful speech –— defamation, true threats, criminal activity — are not protected by the First Amendment.

Freedom of speech is a foundation of our democracy. Attacks on free speech by the government need to be carefully scrutinized. We must remain vigilant against laws or regulations that can be too broad or too vague and thus have a chilling effect on constitutionally protected free speech.

The ABA encourages dialogue as protected by the First Amendment, underscoring that free speech is a concept grounded in Constitutional law and defined by centuries of legal precedent.

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American Bar Association @americanbar.org · 20d

The ABA is proud to announce the release of the Women Trailblazers in the Law oral history of U.S. Supreme Court Associate Justice Ruth Bader Ginsburg. Learn more: https://bit.ly/4nb8anN

Portrait of Ruth Bader Ginsburg wearing judicial robes and a decorative collar against a colorful geometric background.

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American Bar Association @americanbar.org · 20d

#OnThisDay in 2020, Ruth Bader Ginsburg, the second woman to serve as an associate justice of the Supreme Court of the United States, died while in office. She was the first woman to lie in state in the United States Capitol.

Ruth Bader Ginsburg's casket surrounded by wreaths and draped with an American flag.

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American Bar Association @americanbar.org · 21d

In 1787, the delegates to the Constitutional Convention signed the U.S. Constitution in Philadelphia. Today we celebrate the 238th anniversary of the signing of one of the most influential documents in this country's history.

On September 17, 2025, the United States will celebrate Constitution Day. This marks the 238th anniversary of the signing of the U.S. Constitution by the delegates at the Constitutional Convention in Philadelphia in 1787.
The annual observance of Constitution Day encourages us to reflect on the importance of the Constitution as the foundation of our system of government and the rule of law.

The framers of the Constitution gathered that hot summer to address the weaknesses of the Articles of Confederation, which lacked the capacity to address the deep economic and political problems that vexed the young nation.
The Constitution the framers approved created a government that was stronger than the Articles of Confederation — but it raised concerns about how to limit its power. To that end, the framers divided power among three branches — legislative, executive and judicial — each with authority to check and balance the others.

The separation of powers — as framed in the Constitution — is a critical reason the United States has maintained its republican form of government based on democratic principles and the rule of law.
As president of the American Bar Association, I invite all members of the legal profession to join the public in celebrating Constitution Day and the role of the Constitution in preserving liberty and justice for all.

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American Bar Association @americanbar.org · 22d

It's National Voter Registration Day! Take advantage of our tools designed to help you register to vote, update your existing registration, locate your nearest polling place and more: https://bit.ly/465U7Z1

A person casting a ballot into a voting box, with an American flag in the background, commemorating National Voter Registration Day.

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American Bar Association @americanbar.org · 23d

The American Bar Association rejects use of racial profiling in immigration enforcement.

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American Bar Association @americanbar.org · 28d

The American Bar Association today announced the release of the final report of the ABA Task Force for American Democracy, a two-year, bipartisan effort to address the most pressing threats to the rule of law and democratic institutions in the United States. Learn more: https://bit.ly/4glepCI

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American Bar Association @americanbar.org · Sep 5

Lawyers from the American Bar Association’s South Texas Pro Bono Asylum Representation Project were among those instrumental in temporarily halting the deportation of several Guatemalan children who arrived in the United States as unaccompanied minors. Read more: https://bit.ly/4mZvcxF

Chaotic showdown over Guatemalan children exposes fault lines in Trump’s deportation push

A reconstruction of the aborted deportation of dozens of Guatemalan children on Labor Day weekend illuminates the latest clash between the administration’s desire for mass deportations and longstandin...

bit.ly

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American Bar Association @americanbar.org · Sep 4

ABA statement regarding unaccompanied minors in immigration proceedings.

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American Bar Association @americanbar.org · Aug 26

Musician Taylor Swift has announced her engagement to Kansas City-based podcaster and NFL athlete Travis Kelce. There's no better time to take a look at the most romantic part of any marriage, the prenup: https://bit.ly/47f7DMr

Travis Kelce and Taylor Swift clapping in a stadium suite, both watching a sporting event.

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American Bar Association @americanbar.org · Aug 26

There has been a sharp increase in the number of people falsely posing as immigration attorneys. Learn what consumers can do to protect themselves: https://bit.ly/3Vj3jEx

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American Bar Association @americanbar.org · Aug 12

New ABA President Michelle Behnke, who assumed the presidency Tuesday at the association’s Annual Meeting in Toronto, said the ABA will redouble its efforts to defend liberty & pursue justice to advance the rule of law: www.americanbar.org/news/abanews...
#ABAAnnualMeeting #2025ABAAnnual

A photograph of new A.B.A. President Michelle Behnke.

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American Bar Association @americanbar.org · Aug 12

At the Annual Meeting in Toronto, the ABA House of Delegates passed a number of resolutions on issues affecting the profession. Learn about them here:
www.americanbar.org/news/abanews... #ABAAnnualMeeting #2025ABAAnnual

Photograph of seated ABA delegates during the Annual Meeting.

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American Bar Association @americanbar.org · Aug 12

Today attorney Michelle Behnke, a member of the Boardman Clark law firm in Madison, Wisconsin, and formerly the principal of the firm Michelle Behnke & Associates, became the ABA president.
Learn more about her: www.americanbar.org/news/abanews... #ABAAnnualMeeting #2025ABAAnnual

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American Bar Association @americanbar.org · Aug 1

The topic of gambling and lawyers has been in the headlines recently. Could lawyers be more vulnerable to gambling problems and, if so, what can law firms do?https://ambar.org/1kaczviy

Image of slot machines with the text "ABA Journal" beneath.

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American Bar Association @americanbar.org · Jul 29

How the One Big Beautiful Bill Act will affect law school loans:

www.americanbar.org/groups/law_s...

The words "The future of law school loans" over a backdrop of dollar and cent signs.

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American Bar Association @americanbar.org · Jul 16

Mental fatigue affects concentration, memory, processing speed and decision-making — all of which you need at full capacity on bar exam day. Use these five strategies to help you build the stamina you need to finish strong: www.americanbar.org/groups/law_s...

Stressed woman with her hands on her face.

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American Bar Association @americanbar.org · Jul 9

During a speech at the City Club of Cleveland, American Bar Association President William R. Bay warned of the dangers of widespread attacks on judges and lawyers and how these relentless assaults undermine the rule of law. Learn more:

www.cleveland.com/open/2025/07...

American Bar Association President warns of judicial intimidation, threats to rule of law

American Bar Association President Willian “Bill” Bay warned of pervasive attacks on judges, lawyers and the rule of law during a speech at the City Club of Cleveland on Tuesday.

www.cleveland.com

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American Bar Association @americanbar.org · Jul 9

Mental fatigue affects concentration, memory, processing speed and decision-making — all of which you need at full capacity on bar exam day. Use these five strategies to help you build the stamina you need to finish strong: www.americanbar.org/groups/law_s...

Stressed woman covering her face with her hands.

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American Bar Association @americanbar.org · Jul 2

Mental fatigue affects concentration, memory, processing speed and decision-making — all of which you need at full capacity on bar exam day. Use these five strategies to help you build the stamina you need to finish strong: www.americanbar.org/groups/law_s...

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American Bar Association @americanbar.org · Jul 1

It's Disability Pride Month. The ABA is working to raise the visibility of legal professionals with disabilities. Through its #BeCounted campaign, the ABA invites lawyers with disabilities to add themselves to a map to show disability pride. Learn more: ambar.org/ip9g6xbi

Stylized image of pins in map with the hashtag "Be Counted".

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American Bar Association @americanbar.org · Jun 24

Boston Globe columnist Kimberly Atkins Stohr says the ABA’s lawsuit to halt government intimidation of lawyers and law firms can “help the legal profession stand in solidarity against efforts to pick off firms one by one. That's not partisan activism. That's democracy in action.” ambar.org/scdf5n21

Even the legal wonks are standing up to Trump - The Boston Globe

The nonpartisan American Bar Association is now a central player in the very public, very political war President Trump is waging on the rule of law.

ambar.org

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