Pamela Paul, former editor of the NY Times Sunday Book Review, and a refreshing addition to the increasingly antiwoke contingent of Times writers, weighs in on the deplatforming of conservative judge Kyle Duncan at Stanford Law School. (His speech apparently didn’t contain material that ignited the protests; rather, the protestors just didn’t like his conservative legal views and rulings, and he never finished his remarks.)
Paul reiterates what many have said about allowing “offensive” speakers to have their say, most importantly that you might learn something from the speaker, or at least be able to sharpen your own arguments in a reasoned and civil Q&A session, which of course didn’t occur at Stanford. But she does have two interesting anecdotes and, as usual, makes her point very well.
Click to read:
All quotes from her article are indented.
Anecdote 1.
On April 8, 1991, when I was a sophomore at Brown University, Supreme Court Justice Antonin Scalia came to campus to speak. Conservatives allegedly existed at Brown, but the school was as true to its left-leaning reputation then as it is now. This was where Amy Carter, the daughter of the former president, got in trouble for protesting apartheid, where a longhaired John F. Kennedy Jr. was also an anti-apartheid activist, where the most popular campus newspaper comic strip featured a character named P.C. Person.
We were right about everything. We knew our enemy and we hated him, whether it was the former segregationist Strom Thurmond or the bigoted Jesse Helms, both somehow in Congress, or the pugnacious Senate minority leader Bob Dole. Students regularly protested in favor of abortion access and need-blind admissions.
That April evening of Scalia’s talk, I lined up with my anti-Helms T-shirt on. I barely made it into a back row of the packed auditorium, where I awaited what would surely be a triumphant Q. and A. session. Once Scalia finished and we the righteous had a chance to speak truth to the evil one, we would rip apart his so-called originalism, his hypocrisies, his imperiousness. We were champing at the bit to have our say.
And then he wiped the floor with us. In answer to our indignant questions, he calmly cited rebutting cases. We fulminated and he reasoned, and when we seethed he lobbed back with charm. Within the hermetic bubble of my liberal upbringing and education, it had never occurred to me that even when finally presented with The Truth, someone from the other side could prevail. I’d been certain we would humiliate him. Instead, I left humbled.
The lesson: But the protesters themselves suffered the greatest loss. Unleashing on Duncan may have felt good in the way we Brown students felt good asking our “tough” questions of Scalia. But whereas we got to hear the answers, the Stanford Law School students did not. It isn’t enough to challenge someone unless you’re willing to be challenged back. Scalia’s answers may not have made us feel especially good, emotionally or intellectually. They did, however, teach us the value of listening, and motivate us to be smarter.
Anecdote 2.
As some readers of The Times may be aware, nearly 25 years ago I was briefly married to another columnist here, Bret Stephens. When my friends and family members had learned I was dating a conservative — let alone thinking of marrying one — they were stunned. How could an intensely partisan Democrat like me marry someone who described himself — proudly! — as “very conservative”? (“But he’s pro-choice and believes in gay marriage,” I assured them.)
Not surprisingly, Bret and I argued about politics intensely and often. At one point during the Clinton controversies of the 1990s, I remember screaming at him on a Soho sidewalk, my face mottled with tears. How could someone I knew to be a good person possibly believe what he was saying, and why, dammit, must he make his points so cogently?
The lesson: After our divorce and back in my liberal province, I actually missed those intellectual battles. What better way to keep an open and sharp mind? Without someone “in house” to spar with, I found myself seeking political debate elsewhere.
The dismaying statistics:
Unfortunately, many Americans — and worryingly, many younger Americans — are looking for it less frequently. In 1958, 33 percent of Democrats said they wanted their daughters to marry a Democrat, and 25 percent of Republicans said they wanted their daughters to marry a Republican. By 2016, 60 percent of Democrats and 63 percent of Republicans felt that way. By 2020, 43 percent of single Democrats said they probably or definitely wouldn’t date someone Republican (compared with 24 percent of single Republicans who wouldn’t date a Democrat). According to one study, only 21 percent of marriages today are politically mixed. Democrats are especially unlikely to have friends from across the political divide. Polls show that partisans on both sides view their opponents as “closed-minded” and “immoral.”
And the overall lesson:
When you don’t know someone personally, it’s easier to assume the worst about him. And if you assume your opponent is immoral, you don’t have to listen to him, that he’s not worthy of charitable interpretation. But if you assume your political opponent is operating in good faith — even if the person isn’t a friend or significant other — you’ll be inclined to hear him out.
Students at Stanford Law School would do well for themselves to hear out their opponents. In the professional world, it won’t be enough to deem their opponents evil and declare the battle won. They will be sitting across tables from their adversaries and trying to make persuasive arguments against them in courtrooms. Their success will depend on a mutual assumption of good faith from both sides — and from the bench, where not only Judge Duncan but 53 percent of active federal appeals judges were appointed by Republican presidents.
Beyond the personal stuff, there’s really nothing here that you can’t read in the must-read pamphlet On Liberty by John Stuart Mill (it’s free online here, WHICH YOU MUST READ NOW), except it goes doubly for law students, who are constantly, no matter what their job, forced to stand in their opponents’ shoes and think, “What is the best argument they can throw at me?” If they don’t think that way, they’ll be lousy lawyers.
But this goes for everyone else, too. Unfortunately, the polarization of America, combined with the intellectual arrogance of all those who think they know the truth, and thus doesn’t have to listen to anybody’s arguments, bode ill for the future of reasoned discourse. This quarter at my university, the Students for Justice in Palestine, who of course know the truth (which is that the genocidal and apartheid state of Israel should be eliminated) have tried to shut down a University class by former Israeli General Meir Elran on counter-terrorism, a course approved by the University. (Elran is no longer with the IDF, but of course he’s still accused of being in the military and being in favor of “Palestinian genocide.”)
The student newspaper even gave three full pages to the SJP to beef about Elran’s course, an unprecedented amount of space for what is an op-ed (you can read it here). The SJP have never suggested that people might want to listen to (and counter, if they object) Elran’s instruction. No, they have just agitated and tried to shut down the course via demonstrations and petitions.
It won’t work, of course, because this is the University of Chicago. Naturally, the students are free to object to the course as much as they want without disrupting it, but it’s sad to see a group so sure of their assertions, which are dubious at best, that they brook no possibility that they’re wrong. They’ve cut themselves off from learning anything, because of course that might cause them to rethink their conclusions.
I think Mill’s pamphlet should be required reading for all students entering the University—indeed, all universities—as part of a short unit on free speech. Sadly, though, by the time they get here, most students are already fixed in their views, or will be shortly when they join an ideological tribe. It’s a good thing that I taught stuff that only wacko creationists could object to!















