Posted by DrJohn on 2 April, 2023 at 11:35 am. 5 comments already!


.Have Law Schools Abandoned Free Speech?


James Ho and Elizabeth Branch, the circuit court judges who announced last year that they would no longer hire clerks from Yale Law School, are adding Stanford to the boycott.

“We will not hire any student who chooses to attend Stanford Law School in the future,” Ho, who sits on the Fifth Circuit Court of Appeals, said Saturday evening in a speech to the Texas Review of Law and Politics, a transcript of which was reviewed by the Washington Free Beacon. The clerkship moratorium, like the one on Yale, will exempt current law students.

Ho’s announcement is the latest and most dramatic effort to hold Stanford accountable for its treatment of Fifth Circuit appellate judge Kyle Duncan, who was shouted down by hundreds of students—and berated by Stanford diversity dean Tirien Steinbach—when he spoke at the law school last month. The students called Duncan “scum,” asked why he couldn’t “find the clit,” and screamed, “We hope your daughters get raped.”

Though Steinbach is on leave, Stanford has ruled out disciplining the hecklers, who by Stanford’s own admission violated the school’s free speech policy.

“Rules aren’t rules without consequences,” Ho said. “And students who practice intolerance don’t belong in the legal profession.”

Calling the disruption an act of “intellectual terrorism,” Ho argued that Duncan’s treatment reflects “rampant” viewpoint discrimination at elite law schools, some of which do not employ a single center-right professor. It is no coincidence, Ho said, that the worst free speech incidents have occurred at the law schools with the least intellectual diversity. Though Ho did not say what it would take for him to lift the boycott, he implied that a more politically diverse faculty—and a less ideologically uniform administration—would go a long way.

“How do we know everyone’s views will be protected,” he asked, “if everyone’s views aren’t represented?”

More at the Free Beacon

Even more here

NEW: The backlash to Stanford is growing and crosses partisan lines.🧵 1. John Banzhaf, a famous lawyer who helped end Nixon’s presidency and got Trump investigated in Georgia, is planning to file bar complaints against the students who disrupted Duncan.
2. House Republicans are asking the American Bar Association to investigate Stanford over the disruption, arguing that the law school is “out of compliance” with accreditation standards that require it to promote free speech.
Banzhaf’s intervention is especially noteworthy: now an 82-year-old law professor at GW, the famed public interest lawyer been called the “Osama Bin Laden of Torts” and a “legal terrorist.” That’s because he is very good at using legal action—or the threat of it—to get his way.
His first legal jihad, waged in the 1960s against Big Tobacco, resulted in strict advertising restrictions on cigarettes as well as a ban on smoking in airplanes. It was also Banzhaf who proposed and popularized the idea of appointing a special prosecutor to investigate former…
A half century later, he filed a complaint with Georgia election officials over former president Donald Trump’s 2021 call to Georgia secretary of state Brad Raffensperger—in which the former president pressured Raffensperger to overturn the state’s election results—leading to a…
Now, though, this self-proclaimed legal terrorist has set his sights on the students who shouted down Duncan. He told Stanford earlier this month that he will file a character and fitness complaint against the students with the California state bar.
“It appears that you have not taken any steps to discipline or otherwise sanction the student violators,” Banzhaf said in a letter to Jenny Martinez, the law school’s dean, who has since ruled out punishing the hecklers. As such, the complaint “will have links to video recordings…
The California bar requires applicants to demonstrate “respect for the rights of others and for the judicial process.” That means the students who disrupted Duncan—in part by telling him “we hope your daughters get raped”—could be in for a rude awakening if Banzhaf makes good on…


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