In a recent webinar hosted by the American Bar Foundation (ABF), experts gathered to tackle the topic of democratic decline and the role of education and critical thinking in reversing this trend. “Democracy at Risk: Can Understanding Our Past Protect Our Future?” featured key speakers journalist Nicholas Goldberg, most recently with the Los Angeles Times; political scientist Margaret Levi of Stanford University, and ABF Research Professor and constitutional scholar Tom Ginsburg. The webinar was moderated by William C. Hubbard, Dean and Professor of Law at the University of South Carolina School of Law, with brief introductory remarks from World Justice Project founder William H. Neukom and ABF Executive Director Mark Suchman.
Opening the webinar, Suchman acknowledged the vital support of the American Bar Endowment and Neukom, whose generous lead contribution enables the annual William C. Hubbard Law & Education Conference of which this webinar is a production. The full conference took place March 25–26 at Stanford University, and a recording can be viewed below.
Goldberg’s concerns about the decline in civic knowledge and critical thinking skills—set forth in a recent op-ed—set the stage for the discussion. He highlighted a growing ignorance of fundamental civic concepts among Americans and emphasized the need for informed and engaged citizens in navigating today’s challenges. “We’re living in a complicated, globalized world. Our own country is deeply polarized and struggling for direction. Democratic institutions are under attack…We need citizens who have an understanding of how government works and a historical framework to view the events of the day.”
Ginsburg, who is also Faculty Director of the new Forum for Free Inquiry and Expression at the University of Chicago, which aims to promote free and open discourse, echoed Goldberg’s sentiments, emphasizing the importance of education in fostering critical thinking and combating misinformation. He underscored the need to teach students how—not what—to think in a time marked by deep polarization and ideological divides.
Levy provided insights into potential solutions. She emphasized the importance of teaching contested histories and promoting diverse perspectives in education. Formal educational settings aren’t the only promising avenues for nurturing critical thinking and civic engagement: Unions, churches, and other institutions can also play a key role. “It has to come from a variety of sources,” said Levy. “We want to mobilize authority figures out there who are committed to this kind of civil discourse to talk to those who are part of their communities and help them find a path forward.”
The panel also discussed the impact of technology in exacerbating intolerance and cancellation culture. While acknowledging the challenges posed by social media and information overload, they emphasized the need for new educational approaches to teaching media literacy.
Responding to questions from the audience, the panel addressed concerns about the representation of conservative voices in academia and the boundaries of academic freedom.
The discussion closed with a question from Hubbard, who asked the panel to speak to the rise in right-wing nationalism: “Are our institutions sturdy enough to withstand the assault and come out on the other side intact?” While expressing some confidence in the resilience of American institutions, the speakers underscored the need to take seriously the impact of right-wing nationalism on democratic institutions. “Obviously, no one knows if they’re strong enough,” said Ginsburg. “I tend to believe that they are, but I don’t want to find out.”
Reception to the webinar was robust. In addition to individual attendees, the webinar was streamed in at least one university. ABF Fellow Daniel Homick sparked discussion among students at Shaw University in Raleigh, North Carolina. “I’m always trying to get my students to think of constitutional questions in real-world settings,” Homick said. “Nothing compares to hearing a leading researcher and a famous journalist hash out these issues in real time. This is a real strength of the ABF, and it makes me proud to be a Fellow.”
Neukom was also pleased with the webinar. “The conference was created with a view to renew our focus on education as a vital component of a well-functioning democracy. As today’s discussion amply demonstrated, our vigilance is more important than ever. I’m thrilled to offer with the American Bar Foundation an opportunity to think through these challenges and the approaches we can take to resolve them.”
###
About the American Bar Foundation
The American Bar Foundation (ABF) is the world’s leading research institute for the empirical and interdisciplinary study of law. The ABF seeks to expand knowledge and advance justice through innovative, interdisciplinary, and rigorous empirical research on law, legal processes, and legal institutions. To further this mission the ABF will produce timely, cutting-edge research of the highest quality to inform and guide the legal profession, the academy, and society in the United States and internationally. The ABF’s primary funding is provided by the American Bar Endowment and the Fellows of The American Bar Foundation.