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Law schools must adopt free speech policies, after ABA passes rule

By: Karen Sloan

Published: Feb 5, 2024

Law schools must now adopt free speech policies in order to maintain their accreditation from the American Bar Association, following a key vote by the organization on Monday.
The ABA’s House of Delegates approved a new requirement that law schools develop and publish policies that “encourage and support the free expression of ideas.” Those policies must protect the rights of faculty, staff and students to communicate controversial or unpopular ideas and safeguard robust debate, demonstrations or protests.
They must also forbid disruptive activities that hinder free expression or substantially interfere with law school functions or activities.
The ABA’s law school accreditation rules have long protected the academic freedom of faculty, but this is first time they address free speech for the entire law school community.
The change comes after several high-profile incidents at elite law schools where student disrupted speakers and amid campus tensions over conflict over Israel’s war with Hamas.
Stanford University officials apologized to 5th U.S. Circuit Court of Appeals Judge Stuart Kyle Duncan after students disrupted his remarks to the campus Federalist Society chapter in March. The law school also mandated free speech training for students.
Yale Law School said it bolstered its commitment to free speech after a group of students in March 2022 disrupted a campus discussion with Kristen Waggoner, president of conservative religious rights group Alliance Defending Freedom. That incident prompted two federal judges to later say they would not hire clerks from Yale.
The ABA’s Council of the Section of Legal Education and Admissions to the Bar adopted the new free speech rule in November after receiving a wealth of public comments largely in support of the change. But the new requirement was not final until the House of Delegates, which is the ABA’s policymaking body, approved it.
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By: Aneeta Bhole

Published: Aug 18, 2023

American Bar Association plans to ban law schools from allowing 'disruptive conduct that hinders free expression' after woke students hijack Stanford and Yale meetings
  • The American Bar Association is seeking to ban 'disruptive conduct that hinders free expression' at all law schools in the U.S. after incidents at Stanford and Yale
  • Students at Stanford who were screaming at a Trump-appointed judge were supported by the law equity dean who instead lectured the guest speaker 
  • The new proposal comes amid accusations that the bar association has been trying to stifle free speech through its accreditation process
The American Bar Association is seeking to ban 'disruptive conduct that hinders free expression' after two incidents involving woke Yale and Stanford students and staff.
In March, students at Stanford were filmed screaming at a Trump-appointed judge who was invited to speak at the school while an equity dean defended them and lectured the guest rather than subduing the rabble.
In March last year, Yale students were caught snarling 'I'll hurt you b***h' at a different conservative judge during a debate on freedom of speech at the prestigious law institute.
The Section of Legal Education and Admissions to the Bar, which accredits all law schools in the United States, proposed the rule after these incidents.
The draft requirement, obtained by The Washington Free Beacon, said law schools must 'protect the rights of faculty, students, and staff to communicate ideas that may be controversial or unpopular,' including through public demonstrations.
At the same time, it hopes to prohibit protests to that stop 'free expression by preventing or substantially interfering with the carrying out of law school functions or approved activities.'
The proposal comes amid accusations that the bar association has been trying to stifle free speech through its accreditation process.
Last year, the ABA was criticized when it said all students had a 'duty to eliminate racism' which at least 10 professors at Yale said would impede academic freedom as a result in compelled speech.
The association also considered forcing schools to 'diversify' their student bodies - but axed the proposal a month before the Supreme Court heard arguments in Students for Fair Admission v Harvard - which outlawed race-based college admission.
As disruptive student behavior becomes more commonplace experts said the proposal would fill an important gap.
'The current standard doesn't provide any substance,' Paul Lannon, an attorney at Holland & Knight who specializes in education law, told ABA Journal. 'This kind of guidance from the ABA is long overdue.'
After defending raucous behavior from students against Trump-appointed Judge, Stuart Kyle Duncan, Stanford's Associate Dean for Diversity, Equity and Inclusion, Tirien Steinbach, refused to apologize and instead bragged about her behavior in an op-ed for The Wall Street Journal.
Duncan was greeted with posters along the walls of the prestigious university - which said he'd committed crimes against women, the LGBTIQA+ community and black people.
He was asked to give a speech at the famed institution about the circuit's Court of Appeals by the student chapter of the conservative Federalist Society, but was met with abuse.
Steinbach stepped in during the screaming, but instead of calming the students down, she started lecturing Duncan for six minutes using pre-prepared notes.
In her first public rebuttal over the incident, Steinbach said that she intended to 'deploy de-escalation techniques' when she stepped up to the podium where Duncan was speaking.
'My intention wasn't to confront Judge Duncan or the protesters but to give voice to the students so that they could stop shouting and engage in respectful dialogue,' she wrote.
'I wanted Judge Duncan to understand why some students were protesting his presence on campus and for the students to understand why it was important that the judge be not only allowed but welcomed to speak.'
She claims that her role was to 'observe' and 'de-escalate,' before bragging that she got involved to stop the 'verbal sparring match.'
But footage shows her launching into a six-minute long speech, which she admitted was pre-prepared, in which she attacked the judge. 
Student protestors launched vile insults at the judge, including telling him his 'daughters should be raped' after tempers flared over his ruling in the case of a transgender pedophile.
Steinbach believes that 'free speech isn't easy or comfortable' and claims that she tried to defuse the situation by 'acknowledging the protestors' concerns.'
Law School Dean, Jenny Martinez, and Stanford President, Marc Tessier-Lavinge, have since 'formally apologized, confirming that protesters and administrators had violated Stanford policy' days later.
The same time last year Yale school students who snarled 'I'll hurt you b***h' at a conservative speaker during a debate was defended by the Ivy league school.
Yale claimed at the time that the woke rabble-rousers have been 'spoken to' about their threatening behavior on March 10 2022, which raised concerns that they've only been given a slap on the wrist only emboldening them to continue their authoritarian behavior. 
Despite the chaos at the college's Federalist Society-organized event, Yale Law said in a statement that school police 'assistance was not needed' and that students had followed the rules.
They issued the mealy-mouthed statement after nearly 120 Yale Law students were filmed yelling at Kristen Waggoner, a conservative Christian of the Alliance Defending Freedom (ADF) nonprofit during a debate with a liberal humanist about freedom of speech last Thursday. 
The protesters berated the speaker, chanting 'protect trans kids' and 'shame, shame' throughout the law school building after police officers escorted Waggoner and her debate opponent out of the building. 
Yale Law also noted that school officers were on the scene because the school's policy dictates they assist security guards for Waggoner and the other speaker, progressive Monica Miller from the American Humanist Association. 
The presence of those cops further infuriated the woke protest group, who claimed having them on campus 'prevents queer lives from flourishing.'  
Ellen Cosgrove, Associate Dean and Dean of Students at Yale, remained silent during the chaotic incident, sparking allegations of academic cowardice. 
In the statement, Yale Law said the dean is committed to allowing others to speak freely at the university. 
'We allow people to speak even when their speech is flatly inconsistent with our own values,' it said.  
The incident began when students were filmed threatening the guest speakers and staff at a free speech event where a conservative guest successfully defended a Supreme Court decision of a Colorado baker who refused to make a cake for a gay wedding ceremony.  
The purpose of the panel was to illustrate that a liberal atheist and a conservative Christian could find common ground on free speech issues, according to the Washington Free Beacon.
Both the ADF and the American Humanist Association took the same side in a 2021 case involving legal remedies for First Amendment violations that was presented to the Supreme Court, but protesters were outraged by the ADF's successful Supreme Court defense of a Colorado baker who refused to make a gay wedding cake.  
Miller was harangued ahead of the event by students claiming her very presence at the event was 'harming the flourishing of queer lives,' with Waggoner and ADF supporters hit with threats at the meeting itself. 
When law school professor Kate Stith introduced Waggoner, the protestors stood up and displayed signs attacking the nonprofit Alliance Defending Freedom, for which Waggoner works.
Waggoner expressed horror at the students' behavior, alleging 'the future of the legal profession in America is in dire straits.' 
'It was disturbing to witness law students whipped into a mindless frenzy. I did not feel it was safe to get out of the room without security,' she told the freebeacon at the time.
'Yale Law students are our future attorneys, judges, legislators, and corporate executives. We must change course and restore a culture of free speech and civil discourse at Yale and other law schools, or the future of the legal profession in America is in dire straits.'

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Related:

By: Melissa Koenig

Published: Jul 21, 2023

Stanford Law's equity dean is BOOTED OUT after stoking woke students' 'rude' protest at conservative judge invited to give talk: College shares scathing statement blaming her for fueling 'tensions'
  • Tirien Steinbach has left her role as Stanford Law School's Associate Dean for Diversity, Equity and Inclusion
  • She was caught on camera encouraging students to heckle Judge Stuart Kyle Duncan at an event in March 
  • Steinbach has been on leave since, and later admitted she handled the situation poorly

[ Continued... ]

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>"handled the situation poorly" >"pre-prepared notes"

Bullshit. She knew exactly what she was doing. She just thought she could get away with it.

==

If I was the ABA, I'd require a lengthy section on the bar exam for the next decade or so dedicated to First Amendment/free speech law. And require a 90% pass mark with an automatic fail.

That's just me, though.

Source: Daily Mail
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uttertrashdumpster asked: Here's a story I think you might want to check out: https://www.insidehighered.com/news/2022/03/23/law-student-protests-stifle-speakers-yale-uc-hastings It's pretty interesting that the events turned out differently at the two schools. You might find it interesting to take a closer look at the open letters that the students wrote to the administration as well.

[ Sorry, while responding, Tumblr ate your Ask when it hung up while I was saving a Draft. (Anyone else get that?) So I've had to recreate your question here.]

It's honestly kind of amazing. These schools appear to be on the verge of Evergreening themselves into oblivion.

==

In 2015, Yale memorably exploded into insanity over Halloween costumes.

This played out as a mirror universe reality where the administrator who sent out an email containing links to dozens of racist stereotype and caricature images, scolding students not dress like any of them drew no reaction, but the professor who students can, and have, decide what is right on their own, without being infantalized by the administration ended up having to quit, but not before her husband spent three hours in front of a crowd of triggered, fragile, crying student fanatics, who wailed that they were literally dying.

Yale did absolutely nothing about this. Why would it, when its own administrators orchestrated it in the first place? Worse, it rewarded some of the more unhinged Puritan ringleaders.

So it should be no surprise to fast-forward a few years to two more incidents, and find one of them occurring at Yale.

==

The Yale one did proceed. The mob shouted over the top of the speakers, including physical threats (“I’ll literally fight you, bitch.”), were told to leave, and they did but then continued to disrupt the event from the outside, shouting and banging on the walls from the outside to make it as difficult as possible for the speakers. There's plenty of footage of all of this.

One of the speakers had her own security for exactly the reasons demonstrated by the mob.

The ringleaders then had the gall to release a statement condemning the police security, which was there for self-fulfilling reasons, and held up LGBT students as a sort o ideological human shield.

We write today because, in addition to the deeply disrespectful presence of ADF on campus and the faculty moderator’s dismissal of our peaceful action as childish, armed police officers were called into the Sterling Law Building in response to our exercise of peaceful protest.
Police-related trauma includes, but is certainly not limited to, physical harm. Even with all of the privilege afforded to us at YLS, the decision to allow police officers in as a response to the protest put YLS’ queer student body at risk of harm.

The language is of course the usual hyperbole of "trauma" and "harm" by the police merely being there. This language is deliberate. If security staff simply being there can be construed as "harm" and causing "trauma," then they can justify escalating it to actual physical harm. You say something I don't like, I punch you in the face, and we're even.

We are saddened and appalled that a group of YLS’ most vulnerable students were put in danger

In mental health circles, this type of alarmism is referred to as "Catastrophizing" and it's one of several cognitive distortions that contribute significantly to depression and anxiety.

Catastrophizing is when someone assumes that the worst will happen. Often, it involves believing that you’re in a worse situation than you really are or exaggerating the difficulties you face.
For example, someone might worry that they’ll fail an exam. From there, they might assume that failing an exam means they’re a bad student and bound to never pass, get a degree, or find a job. They might conclude that this means they’ll never be financially stable.

These students are literally making themselves crazy by not only acting like, not only insisting that an exaggerated hypothetical is the reality, and not only insisting that it's a moral obligation to think this way, but making it a moral deficiency if you don't.

And I'm not being hyperbolic here. It's the classic Church Lady mentality.

This mentality actually creates the same problem it claims to be battling in the first place. What we've learned from experience with Xianity is that the more you tell someone that they're broken, helpless, incapable and "nothing without god," the more they believe it and become it.

The more you tell people that they're a victim and at risk, the more they will adopt a victimhood identity and become as fragile and incapable as you presumed them to be in the first place.

Victimhood and a persecution complex have become both moral and social currency.

Nobody was in actual "danger." Except, of course, the speakers. There was a brief altercation between a guard and someone described as "trans," and while it's implied by the letter that this was entirely the result of transphobia, there's no evidence given (remember, these are law students) that it was anything other than two people getting in each other's space in a charged situation.

And let's not forget, the "most vulnerable students" were part of a large, aggressive mob.

If you want to talk trauma and harm of LGBT and racial minorities, I can't think of many more consistently successful ways of inflicting it than teaching and reinforcing how helpless and disempowered they are. Except, perhaps, setting society itself up around the notion of them being less-than, as SocJus activists are demanding. Which, of course, is what groups like the KKK advocated.

Using this, you need never defend your claims or tactics, you simply cry about it, and make it a false dichotomy that you either agree with them or you hate the children. It's particularly useful because it avoids the problems of saying something like "I will be harmed" and having to explain how and why. Instead, you simply point to "these people over here" who you are protecting.

And functions as a form of moral Münchausen Syndrome by Proxy in the process.

What the letter does try to do is attach the presence of security for the speaker to some kind of police/security endorsement of the speaker's position. Kevin Costner wasn't there to defend or promote Whitney Houston's music, he was there to protect her.

We urge YLS to change any policies or practices that invite police officers onto our campus in response to peaceful student protests. We also ask that the administration, in collaboration with students, work to build explicit policy that such a response is unwarranted, regardless of who summons police officers.

Remember, these students created the situation where security was required in the first place. Basically, they're demanding that they be able to intimidate anyone they disagree with away from appearing at all, because such a person will not be able to engage anyone to protect them or their right to freedom of speech. And framing it as a moral imperative.

While continuing to gaslight by calling it "peaceful." Repeat a lie often enough...

This is also a pre-emptive strike. They knew they'd get bad publicity from the event, and so went on the offensive. Nowhere in the letter is there any concession that some in their group went overboard, or a recognition that the event was completely legitimate at all. They were right about everything: it was wrong to hold the event at all, and it was wrong for the speaker who brought her own security to take measures to protect herself.

So, while the event, which was on freedom of speech, did proceed, it was an ironic portrait of Woke ideological possession.

This is a real Yale Law School t-shirt, from the Office of Student Affairs. That is, it's not simply a particular group of students. The institution itself has been captured by ideologues.

==

At the UC Hastings, the event was shut down by the mob, by yelling over the top of their target, and at one point, physically intimidating him by standing right next to him as he attempted to speak. This, they claimed, was their "free speech."

Again, the open letter that came out of this concedes nothing, and again admonishes the university that the mob was in the right the whole time.

We also write to reiterate that the overarching issues faced by Black students, students of color, and other marginalized communities on the UC Hastings campus are rooted in the prevalence of white supremacy and misogyny, and are not tied to the single Federalist Society event.

This is textbook Critical Race Theory language, and was absolutely pervasive throughout Evergreen State College before it notoriously melted down in 2017.

As Sensoy and DiAngelo say in "Is Everyone Really Equal?"

“STOP: When we use the term White supremacy, we are not referring to extreme hate groups or “bad racists.” We use the term to capture the all-encompassing dimensions of White privilege, dominance, and assumed superiority in mainstream society.”

The dominance and superiority they're referring to is that of liberal, secular values, like evidence, reason, logic, individualism and neutral principles of law.

This would seem to be ironic for law students. But Critical Race Theory attributes these to "whiteness" and "white culture" and therefore "bad." Rather than embracing Enlightenment values as universal, and beneficial to everyone throughout the develoment of the Modern Era.

Am I exaggerating? No, I'm not.

From Delgado and Stefancic, in "Critical Race Theory: An Introduction."

Unlike traditional civil rights, which embraces incrementalism and step-by-step progress, critical race theory questions the very foundations of the liberal order, including equality theory, legal reasoning, Enlightenment rationalism, and neutral principles of constitutional law.

Simply take a look at the retracted NMAAHC infographic in all its racist and illiberal glory to see this is no misrepresentation.

A reminder too, that this protest was law students opposing values espoused in the US Constitution. No accident.

Marginalized students do not feel welcomed on this campus, and our concerns have not been adequately addressed.

Keep in mind, this is the same law school US Vice President Kamala Harris attended. In San Francisco. California. This is not some backwater town under the stranglehold of Strom Thurmond or David Duke.

It can also hardly be surprising that they don't feel safe when there is this sort of rhetoric flying around the campus of pervasive, yet unquantified "white supremacy."

"There ware all these allegations of white supremacy at Evergreen, and every so often somebody, sometimes me, sometimes it was somebody else, asked about, okay, where is this white supremacy? Can we see it? Can we evaluate it?
And this faculty member said, to ask students who are suffering from white supremacy to tell us about the instances of white supremacy is itself racism.
And she said we must stop asking them because we are inflicting harm on them asking for evidence.
And the phrase she used, she said to ask for evidence of racism is racism with a capital R."

It is an article of faith that simply saying "white supremacy" is accepted unquestioningly. Again, this is particularly ironic for law school students.

WE DEMAND:
(1) No disciplinary actions will be taken against students who exercised their free speech rights on March 1, 2022.

Let's carefully note that they're all too eager to hide behind their constitutional rights in order to deny others theirs. The crux of this demand is that they must be allowed and endorsed by the administration to go about their agenda without challenge or accountability.

"We will hold other people responsible for what they do and say, but but must not be held responsible ourselves." This is made all the worse when they claim to be speaking on behalf of minorities, and particularly non-white people.

The students who took the faculty hostage - yes, hostage - during the Evergreen siege demanded, and got, the same immunity.

(2) UC Hastings administration will work to transparently create an on-campus event procedure, similar to procedures done at UCLA Law, where student organizations provide substantial information regarding their event including information on the potential volatile nature of events and a dedicated staff member who helps student organizations execute thoughtful and enriching programs.

We want veto power, or at least the ability and authority to influence or affect events we don't like.

(3) UC Hastings administration will add additional student seats to the Diversity, Equity, and Inclusion Working Group and Campus Climate Advisory Committee and current and future students serving on DEIWG will be justly compensated for their time and work as DEIWG research assistants.

More administrative bloat that reinforces a particular political position (Wokeness). Also pay us for this.

(4) UC Hastings will prioritize the hiring of tenured and tenure-track faculty members who have a specialization in Critical Race Theory, Race and the Law, and/or Identity Subordination with an emphasis on anti-Blackness, as other UC law campuses have done.
(5) UC Hastings will require students to complete a Critical Race Theory or race and law course as a graduation requirement, similar to the requirement recently instituted at UC Berkeley School of Law.

You may have thought me bringing up Critical Race Theory at all was a stretch. Surprise! Critical Race Theory everywhere.

Let's be clear here though. This only makes sense in the context of wanting to change how people think. Particularly making it mandatory. It's therefore almost certainly not the case that they're aiming for all students to know about it, but to believe it's true and adhere to its dogma.

This is even more apparent when you notice the remaining demands (I won't list here) which are all about dropping a dumptruck of money on the DEI industry to basically act as overlords

What's telling and remarkable about this, aside from lack of personal accountability and self-awareness of some of the most privileged people at one of the most privileged institutions in one of the most privileged countries in the world, is how certain they are about making these demands. They know they've achieved cultural and institutional hegemony, and if the administration declines, they will go ahead and ruin it.

Either reputationally, or literally razing it. Remember what I said previously about "trauma" and "harm"? "You say something I don't like, I punch you in the face, and we're even." That's what that means. It's authoritarianism, and that only works when you actually hold power.

Read it again and pay attention to when it switches back and forth from playing the helpless victim to making authoritarian demands with certainty and clarity. This is a symptom typical of certain personality disorders. Someone taking the strategic position of the put-upon victim then makes threatening demands about how you are to make it up to them. Jesus, for example.

The correct answer to this list of demands is simple. LOL, no. Sit down and get back to class.

I predict that if the UC Hastings administration capitulates to this mob, and I expect they will, at least to most things, even if not all, then it will only be a matter of time before it either implodes like Evergreen or descends into a reputational black hole anyway.

==

What might be even more troubling is that there's signs that neither of these two incidents are aberrations.

If you really want to be troubled, here's an even deeper rabbit hole to go digging down into.

P.S. I presume it goes without saying that I don't have to agree with what the speakers have to say in order to expect that they should be allowed to exercise their freedom of speech to say it?

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By: Aaron Sibarium

Published: March 16, 2022

More than 100 students at Yale Law School attempted to shout down a bipartisan panel on civil liberties, intimidating attendees and causing so much chaos that police were eventually called to escort panelists out of the building.
The March 10 panel, which was hosted by the Yale Federalist Society, featured Monica Miller of the progressive American Humanist Association and Kristen Waggoner of the Alliance Defending Freedom (ADF), a conservative nonprofit that promotes religious liberty. Both groups had taken the same side in a 2021 Supreme Court case involving legal remedies for First Amendment violations. The purpose of the panel, a member of the Federalist Society said, was to illustrate that a liberal atheist and a conservative Christian could find common ground on free speech issues.
"It was pretty much the most innocuous thing you could talk about," he added.
That didn’t stop nearly 120 student protesters from crowding into the event.
When a professor at the law school, Kate Stith, began to introduce Waggoner, the protesters, who outnumbered the audience members, rose in unison, holding signs that attacked ADF. The nonprofit has argued—and won—several Supreme Court cases establishing religious exemptions from civil rights laws, most famously Masterpiece Cakeshop v. Colorado Civil Rights Commission in 2018.
As they stood up, the protesters began to antagonize members of the Federalist Society, forcing Stith to pause her remarks. One protester told a member of the conservative group she would "literally fight you, bitch," according to audio and video obtained by the Washington Free Beacon.
With the fracas intensifying, Stith reminded the students of Yale's free speech policies, which bar any protest that "interferes with speakers' ability to be heard and of community members to listen." When the protesters heckled her in response—several with their middle fingers raised—she told them to "grow up," according to video of the event obtained by the Free Beacon.
The comment elicited jeers from the protesters, who began shouting at the panelists and insisting that the disturbance was "free speech." Eventually, Stith told them that if the noise continued, "I'm going to have to ask you to leave, or help you leave."
The protesters proceeded to exit the event—one of them yelled "Fuck you, FedSoc" on his way out—but congregated in the hall just outside. Then they began to stomp, shout, clap, sing, and pound the walls, making it difficult to hear the panel. Chants of "protect trans kids" and "shame, shame" reverberated throughout the law school. The din was so loud that it disrupted nearby classes, exams, and faculty meetings, according to students and a professor who spoke on the condition of anonymity.
Ellen Cosgrove, the associate dean of the law school, was present at the panel the entire time. Though the cacophony clearly violated Yale's free speech policies, she did not confront any of the protesters.
At times, things seemed in danger of getting physical. The protesters were blocking the only exit from the event, and two members of the Federalist Society said they were grabbed and jostled as they attempted to leave.
"It was disturbing to witness law students whipped into a mindless frenzy," Waggoner said. "I did not feel it was safe to get out of the room without security."
As the panel concluded, police officers arrived to escort Waggoner and Miller out of the building. Three members of the Federalist Society say they were told that the Dean of Yale Law School, Heather Gerken, called the police, though the law school declined to comment on who asked for extra security. The Federalist Society did not call the police, the group's president confirmed.
The imbroglio is the latest controversy at the Ivy League law school, which has seen several speech-related scandals in just the past year. Last September, for example, Yale Law administrators spent weeks pressuring a student to apologize for a "triggering" party invitation that referred to his apartment as a "trap house." The episode cast a spotlight on the culture of Yale Law's diversity bureaucracy, which drew widespread criticism for chilling student speech.
The chaos at the panel shows that it's not just campus administrators who threaten free expression. At the nation's top law school, it is also the students themselves.
"If trap house illustrates the students-to-administration problem," a senior member of the Federalist Society said, "this illustrates the students-to-students problem."
In the two days following the panel, more than 60 percent of the law school's student body signed an open letter supporting the "peaceful student protesters," who they claimed had been imperiled by the presence of police.
"The danger of police violence in this country is intensified against Black LGBTQ people, and particularly Black trans people," the letter read. "Police-related trauma includes, but is certainly not limited to, physical harm. Even with all of the privilege afforded to us at YLS, the decision to allow police officers in as a response to the protest put YLS's queer student body at risk of harm."
Signed by 417 students, the letter also condemned Stith for telling the protesters to "grow up," and the Federalist Society for hosting the event, which "profoundly undermined our community's values of equity and inclusivity."
Stith declined to comment for this story.
It is unclear whether the letter's long list of signatures reflects genuine consensus or mass social pressure. In group chats, Discord posts, and emails reviewed by the Free Beacon, students sought to shame anyone who hadn't actively condemned the event.
"It feels wild to me that we're at this point in history and some folks are still not immediately signing a letter like this," one student wrote to her class GroupMe. "I'm sure you realize that not signing the letter is not a neutral stance."
Merely attending the panel was portrayed as an act of bigotry. Before the event got underway, activists littered the room with flyers denouncing everyone in the audience.
"Providing a veneer of respectability is part of what allows this group to do work that attacks the very lives of LGBTQ people in the U.S. & globally," the flyers read. "Through your attendance you are personally complicit, along with the Federalist Society, in platforming and legitimizing this hate group."
The "hate group" label was placed on ADF by the Southern Poverty Law Center, which says the group defends "the state-sanctioned sterilization of trans people." That accusation is based on a 2015 brief the ADF filed with the European Court of Human Rights, arguing that EU member states should be allowed to make medical transition a prerequisite for changing one's legal gender. On its website, the Alliance Defending Freedom explicitly "condemns forced sterilization of any person."
The shaming campaign also targeted Stith and Miller, both of whom received their own open letters decrying their participation in the event.
The letter to Stith, which circulated on a law school-wide listserv, declared that "our protest was about you" and accused Stith of giving "a platform to ideas that deny our full personhood." The letter to Miller was signed by 150 law students, who emailed her before the panel urging her not to participate in it.
"We are at a loss to understand why the [American Humanist Association] … has decided to legitimize an organization that is so actively hostile to queer flourishing," the email said. "We urge you to withdraw from this event, which is little more than a thinly-disguised slap in the face to Yale Law's queer students and their allies."
Miller told the Free Beacon she was taken aback by the email—not least because the Supreme Court case she was speaking about had been hailed as a victory for civil rights groups.
The case, Uzuegbunam v. Preczewski, involved a public college in Georgia that prevented a Christian student, Chike Uzuegbunam, from proselytizing on campus. After he graduated, Uzuegbunam sued, saying his First Amendment rights had been violated.
At stake in the case was whether plaintiffs could sue over past constitutional violations that did not result in any economic harm. The 11th Circuit had answered no, setting a precedent that could foreclose a wide range of lawsuits—not just those related to free speech and free exercise, but also to civil rights.
"A lot of our clients are LGBT," Miller said. "If that ruling stood, and LGBT rights were violated in the South, we wouldn't be able to help them."
The American Humanist Association was one of several progressive groups, including the American Civil Liberties Union, that filed amicus briefs in support of Uzuegbunam. But it was the Alliance Defending Freedom that actually argued the case before the Supreme Court, which ruled 8-1 in Uzuegbunam's favor.
Miller—who herself characterized the ADF as a "hate group" during the panel—said the disruption was an ominous sign for the legal profession.
"As lawyers, we have to put aside our differences and talk to opposing counsel," she told the Free Beacon. "If you can't talk to your opponents, you can’t be an effective advocate."
Waggoner was more blunt.
"Yale Law students are our future attorneys, judges, legislators, and corporate executives," she said. "We must change course and restore a culture of free speech and civil discourse at Yale and other law schools, or the future of the legal profession in America is in dire straits."

==

Alternative headline: Yale Law Students Fail Constitutional Law Practical Exam.

Reminder: In 2015, Yale Law students lost all of their shit when a professor said that she trusted the students "strength and judgment" when it came to choice of Halloween costumes, rather than needing the college administration to "control the forms of costumes of young people". Yes, you read that correctly. No, I didn't write it backwards.

Source: twitter.com
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