Category: college students behaving badly

NYT article defends the DEI dean at Stanford who escalated a judge’s talk into a conflagration and bad publicity for Stanford Law School

April 10, 2023 • 11:00 am

Well, author Vimal Patel, in a bizarre NYT article in which nearly every paragraph is just one sentence, has decided to take a new tack about the fracas at Stanford Law School (SLS) that involved the deplatforming of a visiting conservative judge, the disruption of his talk by a bunch of unruly and juvenile students, and the escalation of the mess by the dean of SLS. Patel has decided to praise dean Tirien Steinbach as an advocate of free speech and friend of the conservative Federalist society. Sadly, what Patel says seems like a pathetic attempt to defend the indefensible.

I’ve written before about this whole sad tale (see posts here): Circuit Court judge Kyle Duncan was scheduled to give a talk at SLS about the relationship between his court and the Supreme Court. The talk was sponsored by the conservative Federalist Society. Before the talk, the DEI dean of SLS, Tirien Steinbach, got the students heated up by sending them an email, telling them how harmful judge Duncan’s decisions had been (see below).  Then, when his talk got interrupted by the inevitable shouts and noises from protesting students, Duncan asked for help from an administrator (four were present). Steinbach took it upon herself to get up and read a short prepared speech directed at both the students but also at Duncan, again telling him how harmful his decisions and opinions had been.

SLS dean Jenny Martinez, along with Stanford’s President, wrote to Duncan apologizing and saying that changes will be made. Martinez then wrote a long letter to the SLS community saying that the student behavior was against Stanford rules, that there would be changes so that students would learn about how free speech works, and, tellingly, that Steinbach was on leave.

This piece praises Steinbach; if you read it, you wouldn’t know that she really did anything out of line, but was standing up all the while for free speech.

A few excerpts:

The Back Story

That bare-bones narrative missed a more complicated situation, illustrating the perils of rushing to judgment based on a viral video.

To begin with, Ms. Steinbach had a cordial, productive relationship with the leader of the student-run Federalist Society, Tim Rosenberger Jr.

Ms. Steinbach, who started at Stanford in 2021, said she wanted to expand the role of D.E.I. to include groups like veterans, older students and conservatives. She viewed herself as a bridge builder.

. . .In January, when Mr. Rosenberger could not find a co-sponsor for an event with Nadine Strossen, a former head of the American Civil Liberties Union and a champion of free speech, he found a partner in Ms. Steinbach, who moderated the event.

“That took some courage,” he said.

Well, very cordial of Rosenberger. But it’s not really courageous because Steinbach anticipated that there would be disruption, sent out an email that would promote disruption, and had prepared some remarks that called out the judge—an extraordinary flaunting of her virtue exactly where it wasn’t needed!

On the morning of Judge Duncan’s talk, Ms. Steinbach sent an email to the entire law school, approved by Dean Martinez. She summarized the concerns that students had with Judge Duncan but said that students who tried to stop speech “would only amplify it,” and she linked to the free-speech policy.

Ms. Steinbach’s connection to students might have made her confident that she could be the broker between the two sides.

Well, you can read Steinbach’s email here, which begins this way (her links):

Today, Federal Judge Kyle Duncan (Fifth Circuit) will be speaking at an event on the topic of The Fifth Circuit in Conversation with the Supreme Court: Covid, Guns and Twitter.  While Judge Duncan is not expected to present on his views, advocacy or judicial decisions related directly to LGBTQ+ civil rights, this is an area of law for which he is well known. Numerous senators, advocacy groups, think tanks, and judicial accountability groups opposed Kyle Duncan’s nomination to the bench because of his legal advocacy (and public statements) regarding marriage equality, and transgender, voting, reproductive, and immigrants’ rights. However, he was confirmed in 2018. He has been invited to speak at SLS by the student chapter of the Federalist Society.

A coalition of SLS students have expressed their upset and outrage over Judge Duncan’s invitation to speak at SLS.  For some members of our community, Judge Duncan, during his time as an attorney and judge, has “repeatedly and proudly threatened healthcare and basic rights for marginalized communities, including LGBTQ+ people, Native Americans, immigrants, prisoners, Black voters, and women,” and his presence on campus represents a significant hit to their sense of belonging.

Then she pays lip service to free speech, but during her PREPARED REMARKS during the disruption, she questioned whether “the juice was worth the squeeze” (i.e. does freedom of speech justify the harm it does?) and FIRE has posted Steinbach’s prepared remarks, which include these remarks that were directed to the judge himself (bolding is mine):

Steinbach:. . . . Even in this time. And again I still ask: Is the juice worth the squeeze?

Duncan: What does that mean? I don’t understand…

Steinbach: I mean is it worth the pain that this causes and the division that this causes? Do you have something so incredible important to say about Twitter and guns and COVID [the topics of Duncan’s speech] that that is worth this impact on the division of these people who have sat next to each other for years, who are going through what is the battle of law school together, so that they can go out into the world and be advocates. And this is the division it’s caused.

When I say “Is the juice worth the squeeze?” that’s what I’m asking. Is this worth it? And I hope so, and I’ll stay for your remarks to see, because I do want to know your perspective. I am not, you know, in the business of wanting to either shut down speech, because I do know that if they come for this group today, they will come for the group that I am part of tomorrow. I do believe that.

And I understand why people feel like the harm is so great that we might need to reconsider those policies. And luckily they’re in a school where they can learn the advocacy skills to advocate for those changes. I hope that you have something to share with us that we can learn from. I hope you can learn too while you’re in this learning institution. I hope you can look through the spectacle and the noise to the people holding the signs. The people who are here to learn. The people just like you who absolutely are fighting for, working for freedom. Just to be free, to be themselves. That is what they are here for. They are here because they feel harmed not just by your speech. If it was just words that would be one thing. You have authority, and you have power to make decisions that impact the lives of millions.

And I hope if you learn anything that you can listen through, if you can listen through your partisan lens, your hyper-political lens and just look and see human beings who are asking you to take care, and like all guests on our campus, we ask that you come with good intentions and respect. And I do want to hear your remarks, and I do want to say thank you for protecting the free speech that we value here of our speakers and of our protesters, and I want to remind you all of one thing: I chose to be here today. You all chose to be here today. Many people go before Judge Duncan who do not necessarily choose to be there. And they have to listen to everything he says. Literally thousands of people. You have a choice. You do not need to stay here if this is not where you want to be. You can stay if this is where you want to be right now. But make that choice.

If you do choose to stay here, I do think we should give space to hear what Judge Duncan has to say, and I hope that also you will take the question and answer and comments section to say what you need to say and ask the questions you need to ask. I’m really grateful to be in this institution. I look out and I don’t ask, “What is going on here?” I look out and I say, “I’m glad this is going on here.”
How patronizing can you get? Note that she says “I’m glad this is going on here,” when was what going on was a fracas. I suppose she was glad she had the chance to deliver her prepared remarks, directed as much to Duncan himself as to the students. It’s simply reprehensible that she had to chew out the judge, but of course that what she wanted to do. And remember—the topic of Duncan’s speech had nothing to do with the policies that Steinbach was calling out as “harmful.”
 More from the piece:

 

Mr. Rosenberger said that he had been upset by Ms. Steinbach’s remarks in the lecture hall but that she had been something of a “scapegoat” for the university’s broader failure to protect speech.

He said that he wished an official had stepped to the podium and warned students that further disruption would be in violation of the university’s free-speech policy — but that Ms. Steinbach, as D.E.I. dean, was not that messenger.

“If she was the administrator whose job was to enforce the no-disruption policy, then yeah, she totally failed, but that’s not her job description,” Mr. Rosenberger said. “People have called her stupid and incompetent. She’s a smart and good person who was just put in a really bad spot.”

Finally, Patel dug up a professor (not at SLS!) to defend Steinbach, saying she should have received “more support”:

Julian Davis Mortenson, a professor of constitutional law at the University of Michigan and a Stanford alumnus, suggested that there had been a broader failure.

“Law schools need to have plans and protocols in place for controversies like this, which are going to happen with increasing frequency,” he said. “Stanford was not adequately prepared.”

Barring context he is unaware of, he said, he was disappointed that Ms. Steinbach had not received more support.

“An administrator on the ground, in a room literally full of shouting people, got them to stop shouting and also insisted that they should listen to the speech,” Professor Mortenson said.

Did Mortensen actually read the transcript of Steinbach’s remarks? She did NOT get them to stop shouting (though she did ask for respect for the judge at the same time she was disrespecting him), and, moreover, she again went through the litany of Duncan’s “harmful” views and decisions when she addressed the audience–and the judge.

No, Steinbach deserves no support. Yes, she did pay lip service to free speech, but then did everything she could to undermine it. I don’t think, as a DEI dean, she would be unaware of the results. Had she not given the caveat about free speech, she would have been fired instead of been put on leave.  But the NYT, determined to say something different from what everybody else was saying about Steinbach (including the SLS dean herself), decides to defend a dean who asks whether free speech can be justified if it causes harm. She didn’t help her cause when she wrote an editorial in the Wall Street Journal called “Diversity and free speech can coexist“. Two excerpts:

As a member of the Stanford Law School administration—and as a lawyer—I believe that we should strive for authentic free speech. . . .

I don’t think the word “authentic” is an accident; I suspect she means that inauthentic free speech is speech that harms the audience by offending them. It’s juice that isn’t worth the squeeze.

And this:

. . . At one point during the event, I asked Judge Duncan, “Is the juice worth the squeeze?” I was referring to the responsibility that comes with freedom of speech: to consider not only the benefit of our words but also the consequences. It isn’t a rhetorical question. I believe that we would be better served by leaders who ask themselves, “Is the juice (what we are doing) worth the squeeze (the intended and unintended consequences and costs)?” I will certainly continue to ask this question myself.

What happened in that room is a microcosm of how polarized our society has become. . . .

Not that Steinbach did anything to increase the polarization! I still think that Steinbach should be fired, though I don’t call for that often. She has become a symbol of the kind of DEI initiatives that increase polarization—something that DEI isn’t supposed to do but does too often.

I don’t favor Duncan’s views, either, and his behavior towards the students was sometimes impolite, but remember that he was repeatedly attacked and egged on. The blame for this falls on both Steinbach and the SLS students, most of whom don’t seem to understand that free speech involves not just the freedom to speak, but the freedom of the audience to listen.

Woman opposing participation of trans women on women’s sports teams assaulted at SFSU

April 8, 2023 • 11:15 am

This is what is known as a “viral” story, probably because it encapsulates the vitriol heaped upon those who don’t think that transgender women (especially those who have gone through male puberty) should participate in women’s sports. That happens to be a hot issue, at least among political people, both Left and Right.

People are of course free to express their opinion about this issue one way or another, but what you cannot do, at least at a state university, is disrupt and, yes, PHYSICALLY ATTACK someone expressing a view you don’t like.

So here we are back at San Francisco State University (SFSU), site of another fracas involving a professor who showed a painting of Muhammad (see my report here). SFSU must be a hotbed of The Intolerant Offended.

In this case we have two reports; the first one below is from CNN, the second from the Foundation for Individual Rights and Expression (FIRE).  Both report the same incident: Riley Gaines, a former college swimmer, gave a talk at SFSU in which she opposed allowing transgender women to compete in women’s sports. This time the reaction was violent:  although I think she actually delivered the talk (through disruptions), she was physically attacked thereafter (as a “transphobe,” of course), and had to hide for several hours.

Click either screenshot to read.

From FIRE:

From CNN:

Former NCAA swimmer Riley Gaines said she was assaulted Thursday on the campus of San Francisco State University.

Gaines was at the school to speak about her views opposing the inclusion of transgender athletes in women’s sports, according to the event announcement.

“I was physically assaulted by one person. I was struck twice, both times hitting my shoulder with the second strike grazing my face,” Gaines told CNN’s Natasha Chen.“The rest of the protestors just ambushed and cornered me before I was able to move out with the help of campus police.”

A video Gaines posted from the event showed her moving quickly while surrounded by security officers. A protester can be heard shouting “trans rights are human rights,” but the video is shaky and does not appear to show an assault.

FIRE’s account, in which she apparently gave her talk, or at least most of it, but was disrupted:

Well, that wasn’t an exaggeration. Last night, protestors at San Francisco State University attempted to shout down and shut down a speaking event with former NCAA swimmer Riley Gaines. The school’s Turning Point USA chapter had invited Gaines to campus to talk about gender and sports, but she was met by an angry crowd chanting and screaming at her to leave.

While Gaines gave her speech, protestors continued to disrupt the event, drowning her out by stomping and yelling inside the room and in the hallway immediately outside while she spoke. After her speech, police attempted to escort Gaines to a secure location, but the crowd followed them out of the room and down the hallway, screaming and shouting until police locked Gaines in a secure room. Gaines reportedly remained trapped inside the room for almost three hours until the protestors dispersed and police escorted her out.

Here’s the video she tweeted and and then a news report:

A news report (from Fox News, of course) with more video:

Of course nobody was arrested; these hecklers are free to disrupt anybody anywhere, apparently.  Here’s a bit more from CNN. The disruption was condemned by both a conservative and by a liberal organization.

Andrew Kolvet, a spokesperson for Turning Point USA [organizers of the event], said he spoke to three people who were in the room Thursday night.

He said they told him Gaines spoke to a room of people during the event, including individuals who disagreed with her viewpoint. According to those present, Kolvet said the conversation was constructive and polite, and that the disruption happened as the event was wrapping up.

Kolvet was not present Thursday evening but was in communication with Gaines via text while she was brought by campus police into a computer room during the incident, where they remained locked inside while protestors were at the door. . . .

. . . “We are conducting an ongoing investigation into the situation. There were no arrests related to the event,” the university police department said in a statement. “The disruption occurred after the conclusion of the event which made it necessary for UPD officers to move the event speaker from the room to a different, safe location.”

University police did not immediately respond to an inquiry by CNN on the nature of “the disruption” and whether the investigation is related to the alleged assault.

Gaines tied transgender swimmer Lia Thomas for fifth place in the women’s 200-meter freestyle final at the 2022 NCAA swimming and diving championships and has been vocal about her opposition to the inclusion of trans women in women’s swimming.

“This is an appalling attack on free speech on a college campus,” House Speaker Kevin McCarthy said on Twitter. “House Republicans stand with Riley Gaines and her brave and tireless efforts to protect women’s sports.”

PEN America, a literary and free expression advocacy organization, called the incident a “disaster.”

“Physical intimidation or violence is never an acceptable response to speech, no matter how hateful or controversial that speech may be,” said Kristen Shahverdian, PEN America’s senior manager in free expression and education.

And from FIRE:

SFSU must, in fact, investigate the disruption of last night’s event and determine whether the administration and campus security took appropriate action to satisfy the university’s duty to ensure protected speech and expressive events can occur on campus, and whether they had any role in fomenting or sustaining the disruption.

This latest incident at SFSU illustrates a broader trend of students shouting down speakers with whom they disagree. We saw similar shout-downs on Tuesday at UAlbany and at Stanford Law School last month.

To be clear, the heckler’s veto — substantial disruption of expressive events — is not protected speech. The students who protested outside the event without disrupting it engaged in First Amendment protected activity. But those who stomped and yelled during Gaines’ appearance in an attempt to drown her out, or accosted her in the halls to intimidate her, did not.

If you want to send either a pre-written message or your own message to the President of SFSU, click on the box below, which you can use to send an email. I’ve already done so (the form is at the bottom of the linked page):

This is what I wrote:

Dear President Lynn Mahoney:

This is the second time in two weeks that SFSU has been the venue for illiberal protests against reasonable views (the first incident involved the showing a picture of Muhammad, which you are illegally “investigating,”  and now we have a physical attack on swimmer Riley Gaines. Apparently nobody was detained after physically attacking Gaines, even though this was clearly illegal assault.

SFSU needs to educate its students about the First Amendment and the proper way to oppose speech without disrupting it. Otherwise, like Hamline University, you’re going to get a terrible national reputation. I would suggest that students who attack others be arrested, and that you start taking concrete steps to educate people about free speech and then enforce the rules you have (you ARE a state institution).  Oh, and please drop the “investigation” of professor Maziar Behrooz, which is unconscionable. You surely know that he did nothing wrong.

Jerry Coyne
Professor Emeritus
Dept. Ecology & Evolution
The University of Chicago

What is sad about this is that the question of how transgender people can participate in sport is going to become an increasingly important question over time given the huge rise in transitioning, so we need to have a discussion about it NOW, before these problems become quite frequent.  The discussion needs to involve science (what criteria do we use to determine eligibility?), philosophy, and ethics (how do you balance fairness towards transgender athletes with fairness towards women?) Cisgender men are involved as well, but to a lesser extent.

It’s a shame that nobody can discuss this civilly—at least nobody calling for bans or caution—without being slurred as a “transphobe” or even without being physically attacked.

Women like Gaines who have to swim against biological men who identify as women have a special right to express their views and to be heard, as they are the ones who feel the unfairness on the “cis” side. But no, that’s not in the card: people like Gaines, Martina Navratilova, and J. K. Rowling are the ones deemed most reprehensible.

So it goes.

In a punitive decision, two federal appellate-court judges decide to no longer hire clerks from Stanford Law School

April 3, 2023 • 9:15 am

James C. Ho is a Trump-appointed federal judge on the Fifth Circuit of the U.S. Court of Appeals. That means he’s a conservative judge on the most conservative federal appellate court; further, this story was reported by a conservative website, the Free Beacon.  If you want to ignore it because of that, that’s your problem, for what’s important is whether the issues adduced are worth discussing, not who raises them.

The other person mentioned here, who’s adhering to Ho’s decision, is Judge Elizabeth Branch. She’s Ho’s equivalent—and also appointed by Trump—for the Eleventh Circuit, a southern circuit court comprising Alabama, Florida, and Georgia.  Last year both Ho and Branch announced they were no longer hiring clerks from Yale Law School:

Ho and Branch, who introduced Ho at the Texas Review event, are 2 of 14 federal judges boycotting Yale Law School over a rash of high-profile free speech scandals, including an incident last March in which hundreds of students disrupted Kristen Waggoner, a religious liberty lawyer who has won several cases at the Supreme Court.

Why I’m presenting this is not because I agree with these Judges, even in the decision I’m mentioning, but to make the point that if a school creates and emphasizes a policy promoting free expression, and prohibits disruption of speech, then unless it penalizes the disruptions, the law is toothless. A policy without sanctions is not a policy at all.

And so, below, you can see Ho’s explanation for his decision:

The letter to which Ho refers below was one I highlighted recently; it was from Stanford Law School (SLS) Dean Jenny Martinez to the SLS community about the disruption that occurred when SLS students effectively deplatformed a visiting conservative judge, Kyle Duncan. You can read Martinez’s letter here. It highlighted Stanford’s commitment to free speech, said that “enforcement of university policies against disruption of speakers is necessary to ensure the expression of a wide range of viewpoints,” and announced that DEI Dean Tirien Steinbach, who contributed to the disruption in several ways, had been put on leave.

At the time I thought it was a good letter, and though the disruptive students should have been disciplined (as they would be at my university), Martinez didn’t do so because they couldn’t be easily identified. I let that go, but after reading Ho’s remarks, I do think that any student who violates a school’s free-speech policy in this way should be disciplined. At Chicago, I believe, they are first given a warning, and then expelled or suspended if they commit a second offense.

I’ll indent Ho’s words, taken from an address he gave on April 1 to the annual meeting of the Texas Review of Law & Politics

I’m a graduate of Stanford University and the University of Chicago. As we consider recent events, I wonder if my first alma mater has a lot to learn from my second.

The University of Chicago has long been a national leader when it comes to freedom of speech in higher education.

One former President of the University of Chicago put it this way: “Education is not intended to make people comfortable—it’s meant to make them think.”

But law schools today are turning this upside down. At some law schools, education is more about making students comfortable—at the expense of making them think.

 

. . .Here’s the good news. This problem should be easy to solve. Most universities already have rules in place ensuring freedom of speech and prohibiting disruptions.

The problem is that these rules aren’t enforced. Students disrupt without consequence. Administrators tolerate or even encourage the chaos.

It’s not because most students or faculty support these tactics. When I visit law schools, I’m always told it’s just a small fraction of students who practice intolerance. But the majority tolerates it, because faculty members don’t want to be controversial. And students just want to graduate, get a job, and move on with their lives.

But I want to draw a sharp distinction between students being afraid and faculty being afraid.

Students are just starting their lives. They don’t want to end their careers before they even begin.

We shouldn’t be putting it on the students to police other students. It should be on the grown-ups to lead, to teach, and, where necessary, to punish.

But the grown-ups are scared to do anything. We’re the opposite of the Greatest Generation. We’re leaving our country worse off, not better, for the next generation.

 

. . . .I go back to my alma mater, the University of Chicago. A few years ago, the law school held an event featuring a professor who favors anti-boycott laws to protect the State of Israel. Before the event, the law school reminded students of its free speech policy.

But one law student thought he found a clever loophole. Rather than disrupt the event himself, he recruited others to campus to disrupt the event.

Well, my law school was not impressed. Chicago suspended the law student for the rest of the year—and told him that he’d have to re-apply for admission if he ever wanted to come back.

And guess what: Chicago hasn’t experienced a disruption ever since.

Well, we have had at least two disruptions since, one is described here, and another forced the speaker to deliver her talk online instead of live.  But let’s go on with Judge Ho:

The point is that law schools know what their options are. They know they can suspend or expel students for engaging in disruptive tactics. They know they can issue a negative report on a student’s character and fitness to state bar officials. They know it because schools have done it.

Second, at a minimum, law schools should identify disruptive students, so that future employers will know who they’re hiring.

Schools issue grades and graduation honors to help employers separate wheat from chaff. Likewise, schools should inform employers if they’re at risk of injecting potentially disruptive forces into their organizations.

Without that information, employers won’t know if the person they’re hiring is in one category or another. Now, some employers may be okay with that. But others may not be. No one is required to hire students who aren’t taught to live under the rule of law.

Third, it’s not enough to just promise freedom of speech. The Soviet Constitution promised free speech, too. But it was just words on paper—what our Founders called a “parchment promise.”

Our Founders taught us that it’s not enough to just promise certain rights. You need to establish a structure of government to ensure that your rights will be protected.

And here’s Ho’s beef.  I’ve highlighted the money quote:

. . . .These three elements are plainly missing at Stanford Law School. Just look at the ten-page letter that was recently issued by the Dean. I know that letter has been praised by some people for standing up for free speech. I don’t share that view.

I’ll agree that there are some good words in that letter. But they’re just words. How do we know if those words are sincere—and not merely strategic? Because there’s good reason to be suspicious.

Remember, this wasn’t the Dean’s first reaction to recent events. Her first reaction was to defend the administrators as “well intentioned.”

So at best, this is a dramatic change of heart. Should we believe it?

Well, here’s the problem: The words in that letter are not accompanied by concrete actions. Because it imposes zero consequences on anyone. It doesn’t even say whether there will be consequences if there’s a disruption in the future.

Look, I get that no one wants to be vindictive. I believe in redemption and grace. But we’re not talking about good faith mistakes here.

Is it really that close of a call—whether it’s okay to call for someone to be raped? Do these future leaders really not have fair notice that they shouldn’t ridicule a judge’s sex life?

I’m all for second chances. But I’m not a schmuck.

This shouldn’t be difficult to understand. Rules need to be enforced. Violations must have consequences. You don’t need a fancy law degree to understand this. Anyone who’s ever been a parent understands this. Heck, anyone who’s ever been a kid understands this. Kids don’t obey parents who don’t back up their words with consequences.

 

. . .The real problem in the academy is not disruption—but discrimination. Rampant, blatant discrimination against disfavored viewpoints. Against students, faculty, and anyone else who dares to voice a view that may be mainstream across America—but contrary to the views of cultural elites.

Moreover, let’s just say it: The viewpoint discrimination we most often see in the academy today is discrimination against religious conservatives. Just look at which viewpoints are targeted most frequently at speaker events—and excluded most vigorously from faculty appointments.

Unless we take action to solve the real problem—discrimination, not disruption—all we’re doing is giving speeches.

 

. . .So what do we do about it? Well, ask yourself this: What do elite law schools do when they conclude that institutions are failing them? Yale recently called for a boycott of the U.S. News and World Report. And numerous schools have followed suit. Well, imagine that every judge who says they’re opposed to discrimination at Yale and Stanford takes the same path. Imagine they decide that, until the discrimination stops, they will no longer hire from those schools in the future. How quickly do we think those schools would stop discriminating then?

So Lisa and I have made a decision. We will not hire any student who chooses to attend Stanford Law School in the future.

And so Ho’s and Branch’s blacklist now include both Yale and Stanford.  Is it fair to refuse to hire clerks from either of those law schools?  I think this is a toss-up, but tend to come down against Ho and Branch. If a good student, and one without a record of disruption, applies to be a clerk, he or she shouldn’t be refused simply because they went to a woke law school. This is punishing the student for what the school does. (On the other hand, I can see that if this policy was exercised widely, it would give law schools an impetus to quell disruptions.)  Further, because SLS and Yale are liberal law schools, a few conservative judges refusing to take any students further punishes the conservative students and does nothing to change school policy.

But although the “not hiring” tactics are likely to be completely ineffectual, I agree with the general message Ho and Branch are conveying: students should not only be educated in First Amendment Principles, but also punished if they violate a school’s own free speech principles. And yes, it would be good if universities and law schools had greater ideological diversity. This is particularly true in law schools, for unless you hear arguments from the conservative side, how are you going to argue effectively before conservative judges in the future?

Finally, schools should punish students who violate free-speech principles by deplatforming or disrupting speeches. One offense is sufficient to call a student in and tell them, “don’t do it again.” If they do do it again, punish them more severely, and put it on their records. I’m all for second chances. But I’m not a schmuck.

h/t: T.m.

Stanford Law School’s DEI Dean, currently on leave, argues that DEI and free speech can coexist

March 24, 2023 • 9:45 am

The DEI Dean of Stanford Law School (SLS), Tirien Steinbach, is now on leave from the University after helping escalate a disruption between law-school students and a visiting Appellate Court Judge, Kyle Duncan, invited by Stanford’s Federalist Society to talk about the relationship between his court and the Supreme Court.  It’s not clear whether Steinbach voluntarily took a leave, was forced to take a leave, or whether she’ll be fired (they’re pondering that now). No matter what, she is in trouble. The President of Stanford and the Dean of SLS, apologizing to Duncan, singled out Steinbach’s confrontational approach to the judge, and SLS Dean Jenny Martinez’s letter, sent yesterday to the SLS community, said this (her emphasis):

Enforcement of university policies against disruption of speakers is necessary to ensure the expression of a wide range of viewpoints. It also follows from this that when a disruption occurs and the speaker asks for an administrator to help restore order, the administrator who responds should not insert themselves into debate with their own criticism of the speaker’s views and the suggestion that the speaker reconsider whether what they plan to say is worth saying, for that imposes the kind of institutional orthodoxy and coercion that the policy on Academic Freedom precludes. For that reason, I stand by my statement in the apology letter that at the event on March 9, “staff members who should have enforced university policies failed to do so, and instead intervened in inappropriate ways that are not aligned with the university’s commitment to free speech.”

. . . First, Associate Dean Tirien Steinbach is currently on leave. Generally speaking, the university does not comment publicly on pending personnel matters, and so I will not do so at this time. I do want to express concern over the hateful and threatening messages she has received as a result of viral online and media attention and reiterate that actionable threats that come to our attention will be investigated and addressed as the law permits. Finally, it should be obvious from what I have stated above that at future events, the role of any administrators present will be to ensure that university rules on disruption of events will be followed, and all staff will receive additional training in that regard.

It’s clear from all the apologies and SLS correspondence that Dean Steinbach’s actions were regarded as disruptive and not conciliatory. (There’s also a swipe at the three other Deans in the room who did nothing.) But in a new op-ed in the Wall Street Journal (what a weird place to publish this!), Dean Steinbach tries to justify her actions by arguing that diversity and free speech can coexist at Stanford.  And that’s true, so long as free speech is given primacy. What cannot coexist is the current form of DEI initiatives, such as those represented by Steinbach, and freedom of speech, for free speech is perceived by many in the DEI community as offensive and harmful. Regardless of what she says, Dean Steinbach was not trying to harmonize DEI (represented by the upset students) with free speech; she was trying to be divisive.

In this op-ed, as in her remarks to Judge Duncan when he asked for an administrator to cool the disruption, she waffles—indeed, I see her remarks as deliberately disingenuous. She says she’s in favor of free speech, but then asks, as she did during Duncan’s talk, whether “the juice is worth the squeeze”. What she means is that we must ponder whether free speech policy produces results that we’re happy with. That totally undercuts her claimed defense of Stanford’s policy.  Remember, too, that the morning before Duncan spoke, Steinbach sent an email to the SLS community that started this way (read the full text here):

Today, Federal Judge Kyle Duncan (Fifth Circuit) will be speaking at an event on the topic of The Fifth Circuit in Conversation with the Supreme Court: Covid, Guns and Twitter.  While Judge Duncan is not expected to present on his views, advocacy or judicial decisions related directly to LGBTQ+ civil rights, this is an area of law for which he is well known. Numerous senators, advocacy groups, think tanks, and judicial accountability groups opposed Kyle Duncan’s nomination to the bench because of his legal advocacy (and public statements) regarding marriage equality, and transgender, voting, reproductive, and immigrants’ rights. However, he was confirmed in 2018. He has been invited to speak at SLS by the student chapter of the Federalist Society.

Yes, the topic was not about Duncan’s own legal decisions and views, but on this: ““The Fifth Circuit in Conversation with the Supreme Court: Covid, guns, and Twitter.”  Nevertheless, Steinbach could not restrain herself from criticizing Duncan’s political views and giving copious links. This email was one of several elements that brought a mob of SLS students together to disrupt Duncan’s talk.

Now, like Lucy, Steinbach has some “‘splaining to do,” and you can read that ‘splaining below. Click the screenshot to read:

As you can see from the title, she’s trying to hold two opposing positions at once: that free speech and diversity can coexist, and whether full-on free speech is really worth the reasons it’s become policy. Her entire whole post is a whitewash of what she did (and does not mentioning her inciting email). So she claims to favor free speech:

 I supported the administration’s decision not to cancel the event or move it to video, as it would censor or limit the free speech of Judge Duncan and the students who invited him. Instead, the administration and I welcomed Judge Duncan to speak while supporting the right of students to protest within the bounds of university policy.

As a member of the Stanford Law School administration—and as a lawyer—I believe that we should strive for authentic free speech. We must strive for an environment in which we meet speech—even that with which we strongly disagree—with more speech, not censorship.

I wonder what she means by “authentic” free speech. Is there “inauthentic” free speech? I think she’s implying here that Duncan’s views, if promulgated, would not be “authentic free speech”, because they would be harmful (see below).

Then she claims that she stepped up to the podium to “de-escalate the situation”, another lie:

As soon as Judge Duncan entered the room, a verbal sparring match began to take place between the judge and the protesters. By the time Judge Duncan asked for an administrator to intervene, tempers in the room were heated on both sides.

I stepped up to the podium to deploy the de-escalation techniques in which I have been trained, which include getting the parties to look past conflict and see each other as people. 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. 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.

First, the verbal sparring match was initiated by the students, not by Duncan, though he did react angrily later.  Second, her job was to de-escalate, not lecture Judge Duncan about why some students were protesting his presence on campus. What she wanted to do was express her own views about Duncan, not educate him on why the students didn’t like him. Her claim here is yet another lie. I wonder where she learned her de-escalation techniques—from Donald Trump?

Steinbach then explains what she meant by asking whether “the juice was worth the squeeze,” saying it refers to “the responsibility that comes with freedom of speech,” which really means “the responsibility not to offend the SLS students.”

Finally, and most disingenuously, she claims that what happened during the lecture is a “microcosm of how polarized our society has become”, which she decries. Yet she herself is largely responsible for the polarization accompanying Duncan’s talk!  Finally, she ends this way:

Diversity, equity and inclusion plans must have clear goals that lead to greater inclusion and belonging for all community members. How we strike a balance between free speech and diversity, equity and inclusion is worthy of serious, thoughtful and civil discussion. Free speech and diversity, equity and inclusion are means to an end, and one that I think many people can actually agree on: to live in a country with liberty and justice for all its people.

God bless America!  Note that there is no “balance” to be struck between free speech and DEI. Free speech at Stanford and at all public universities is NON-NEGOTIABLE; it is not to be quashed or officially tempered so it comports with DEI. Yes, I do advocate civility, and trying to use free speech to create discussion and understanding, but if I have something to say about DEI that I consider worthy of discussion, yet others find it offensive, that’s too damn bad. Free speech trumps offense, non-physical “harm” and the hurt feelings of students.

If you want to see Steinbach’s lecture to Judge Duncan, follow the links from this piece in the Chronicle of Higher Education, called “Stanford Law’s diversity dean is ‘on leave’ as controversy boils over a disrupted speech.”

The scene featuring Steinbach and Duncan — captured on video and audio — has been thoroughly scrutinized within and outside of higher ed for two weeks.

Watch and listen to the event itself, or you can read a transcript of Steinbach’s remarks at a link I’ve put below. First, a video of Dean Steinbach’s Moment of Glory:

Video:

You can read Steinbach’s remarks here (at FIRE).

To be sure, she does tell the students that SLS has free speech and that she’s in favor of giving Duncan space to finish his remarks. Then she chews the judge out in a way guaranteed to ensure that doesn’t happen. I’ve put that bit of Steinbach’s speech below the fold at the bottom.

If you read the comments after her piece at the SWJ, you’ll see that most of the readers aren’t buying Steinbach’s apologia. Here are four:

This would have been a thoughtful response if the video wasn’t in complete contradiction of what you wrote. This is all an attempt to cover the reprehensible and embarrassing behavior you exhibited, but it fails to do so and actually makes you look worse.

How about simply apologizing for your behavior instead of attempting to justify it.

Well said. I couldn’t believe what I was reading. This piece clearly wasn’t written by the same person who was at the event. Nice try.

Well said. Walter Middy couldn’t have recounted a better telling of the story than the Dean.

The hubris of today’s progressives is absolutely staggering. They believe they are so much smarter than everyone else that they can simply re-tell a story in their words and everyone—even those who saw the whole thing—will simply adopt their bent perspective on the world, event, etc.

This woman was no leader in de-escalating the situation; her intervention was a disgrace.

The students’ actions were a disgrace.

Stanford should be absolutely ashamed of this incident.

Belligerent, misbehaved children….

 

How we strike a balance between free speech and diversity, equity and inclusion is worthy of serious, thoughtful and civil discussion.

Ms. Steinbach resorts to the moral equivalence argument, typical of the left. It doesn’t wash. There is either free speech or there isn’t. No “balance” needs to be made. The students denied Judge Duncan his right to free speech and their tactics were rude and crude. And Ms. Steinbach caved in to the mob.

Finally, the lesson of this post is twofold:

1.) Free speech is not always compatible with DEI or its initiatives. When they conflict, free speech should win

2.)  Dean Steinbach is desperate to put a good face on her remarks by claiming that DEI and “authentic” free speech—whatever that is—are compatible. But all she does is get herself into a bigger muddle. Her best policy would have been to apologize for what she did. Now that would have flummoxed the SLS students!

Below the fold I’ve put a transcript of the place where Steinbach lectures judge Duncan. Click “continue reading” to see her word:

Continue reading “Stanford Law School’s DEI Dean, currently on leave, argues that DEI and free speech can coexist” →

Stanford Law School Dean writes long letter supporting free speech and viewpoint neutrality, puts offending DEI administrator on leave

March 23, 2023 • 11:15 am

I’ve written previously about the shameful behavior of Stanford University Law School (SLS) with respect to a March 9 talk by conservative Appellate Court judge Kyle Duncan. The talk, about the relationship between Duncan’s court and the Supreme Court, was seriously disrupted by the law-school students, who shouted and put up posters and signs in the lecture room. (I consider signs a disruption, but others don’t.)  The students had been egged on to protest by a pre-talk email from the Law School’s Associate Dean for Diversity, Equity and Inclusion, Tirien Steinbach, denouncing Duncan and saying how harmful his decisions have been.

When Duncan asked for an administrator to intervene to stop the disruption (four deans, including Steinbach, were sitting there silently), Dean Steinbach got up and read several minutes’ worth of further critique of Duncan’s “harmful” decisions, and while paying lip service to Stanford’s free speech policy, asked the students whether “the juice was worth the squeeze”, i.e., whether free speech was worth the offense and harm inflicted on the students. She also said that the demonstration had been the right thing to do. That pretty much ended the presentation save for some confrontational questions by students and some angry answers by Duncan.

Afterwards, SLC Dean Jenny Martinez sent a letter to the Stanford community apologizing for the demonstration, and then she and Stanford’s President sent a joint letter of apology to Judge Duncan. (Duncan’s behavior itself wasn’t optimal during the talk, either, for then and in interviews afterwards he called the students names, something that detracted from his gravitas. However, I can understand his anger even though I disagree strongly with his legal views.)

When Martinez taught her own SLS class a few days later, she herself was subject to a silent demonstration by her students, who wore black, and there were calls for her to rescind her apology and even to resign.

Yesterday Martinez sent out a very long (10-page) letter to the SLS community disclosing what Stanford had decided to do in light of the disruption, which had brought unfavorable national attention on the school. You can find that letter here, or by clicking on the screenshot below.  It’s a pretty good letter that outlines strong reforms for SLS and Stanford in general.

The upshot:

1.)  The only downside to the letter is that it begins by emphasizing the hate mail directed to Stanford’s administrators and students, as if they were the victims rather than free speech itself as well as Judge Duncan (I indent excerpts from Martinez’s letter):

As we consider the role of respectful treatment of members of our community, I want to be clear that the hate mail and appalling invective that have been directed at some of our students and law school administrators in the wake of March 9 are of great concern to me. All actionable threats that come to our attention will be investigated and addressed as the lawpermits.

It also continually emphasizes Stanford’s “diverse community” and respect for DEI, which isn’t too bad, but of course it was the DEI dean, the conflict between DEI principles and free speech—and the decision by Steinbach and the other attending deans to let “offense” trump free speech— that created this whole mess in the first place.

2.) Much of the letter reads like a court decision, citing all the relevant legal cases and decisions showing that schools like Stanford have free speech but disruption is not part of free speech. (Posters apparently are, though I think I’d be discombobulated if students in the front row were holding up banners and signs.) But it’s a clever way for Martinez to impress on the law students that, indeed, they had acted contrary to settled law.

3.) Glory of glories: Dean Steinbach was disciplined for fomenting the demonstration—something I hoped for but did not expect.  She’s been put on leave and apparently being further investigated, so she might be fired. From Martinez’s letter (her emphasis), which also chastises the other deans for not quashing the disruption:

Enforcement of university policies against disruption of speakers is necessary to ensure the expression of a wide range of viewpoints. It also follows from this that when a disruption occurs and the speaker asks for an administrator to help restore order, the administrator who responds should not insert themselves into debate with their own criticism of the speaker’s views and the suggestion that the speaker reconsider whether what they plan to say is worth saying, for that imposes the kind of institutional orthodoxy and coercion that the policy on Academic Freedom precludes. For that reason, I stand by my statement in the apology letter that at the event on March 9, “staff members who should have enforced university policies failed to do so, and instead intervened in inappropriate ways that are not aligned with the university’s commitment to free speech.”

. . . First, Associate Dean Tirien Steinbach is currently on leave. Generally speaking, the university does not comment publicly on pending personnel matters, and so I will not do so at this time. I do want to express concern over the hateful and threatening messages she has received as a result of viral online and media attention and reiterate that actionable threats that come to our attention will be investigated and addressed as the law permits. Finally, it should be obvious from what I have stated above that at future events, the role of any administrators present will be to ensure that university rules on disruption of events will be followed, and all staff will receive additional training in that regard.

4.) Martinez cites the University of Chicago’s Kalven Report mandating institutional neutrality on political, ideological, and moral matters (except when they affect the University’s mission) to show why administrators should not chill the speech of students—as they did on March 9 with the students who wanted to hear Judge Duncan. I’m very pleased that Stanford (and, increasingly, other schools) are falling in line with the Kalven principles. From Martinez’s letter:

The 1967 Kalven Report of the University of Chicago is not formal policy at Stanford but helps explain why university administrators should avoid exercising their authority in ways that can chill speech. It states:

A university has a great and unique role to play in fostering the development of social and political values in a society. The role is defined by the distinctive mission of theuniversity and defined too by the distinctive characteristics of the university as a community. It is a role for the long term.

The mission of the university is the discovery, improvement, and dissemination of knowledge. Its domain of inquiry and scrutiny includes all aspects and all values of society. A university faithful to its mission will provide enduring challenges to social values, policies, practices, and institutions. By design and by effect, it is the institution which creates discontent with the existing social arrangements and proposes new ones. In brief, a good university, like Socrates, will be upsetting.

The instrument of dissent and criticism is the individual faculty member or the individual student. The university is the home and sponsor of critics; it is not itself the critic. It is, to go back once again to the classic phrase, a community of scholars. To perform its mission in the society, a university must sustain an extraordinary environment of freedom of inquiry and maintain an independence from political fashions, passions, and pressures. A university, if it is to be true to its faith in intellectual inquiry, must embrace, be hospitable to, and encourage the widest diversity of views within its own community.

5.)  Stanford decided not to punish individual students for participating in the demonstration, but to give them some education in freedom of speech. This is fine with me, as the students apparently had not been given such education, because it would be hard to identify individual students who violated Stanford’s free-speech policy, and because the students were also told by Dean Steinbach that their actions were okay. But every college orientation in America needs a unit on freedom of speech:

Second, with respect to the students involved in the protest, several factors lead me to conclude that what is appropriate here is mandatory educational programming for our student body rather than referring specific students for disciplinary sanction (which at Stanford is administered by the central university’s Office of Community Standards and involves a deliberate process including fact-finding and hearings).

. . .Accordingly, as one first step the law school will be holding a mandatory half-day session in spring quarter for all students on the topic of freedom of speech and the norms of the legal profession. A faculty committee will plan the session and invite speakers representing a range of viewpoints. Needless to say, faculty and students are free to disagree with the material presented in these sessions or with the arguments I have presented in this memorandum – there will be no orthodoxy on this topic either. But I believe further discussion of these topics will both advance our educational mission and help us learn from the errors of the recent past.

6.) Finally, Stanford is going to examine and reform its protocol for dealing with disruption of speakers:

In addition, a more detailed and explicit policy with clear protocols for dealing with disruptions would better protect the rights of speakers and also those who wish to exercise their right to protest within permissible bounds, and is something we will seek to adopt and educate students and staff on going forward. Cf., e.g., UC Hastings [now UC College of the Law San Francisco] Event Policy: Student Organization Support Protocol; Permissible Forms of Protest (Adopted October 1, 2022), available at https://www.thefire.org/researchlearn/ uc-hastings-event-policy-adopted-october-1-2022. Doing so will bring greater clarity and certainty about future enforcement of the policy, including through disciplinary sanctions as appropriate.

All in all, this seems a satisfactory resolution to me.  I think a nice touch would be to invite Judge Duncan back to give his planned talk; that would not only be gracious (though I doubt he’d agree to come!), but would also test whether the new rules are really in effect.

If you’re interested in the relevant law, or want to see a pretty good letter (which I’m sure Dean Martinez was compelled to write), do read the whole letter. This had to be done so that SLS wouldn’t become the laughing stock of law schools—or lose donor money. But I seriously doubt whether the renegade students will accept what Dean Martinez says. They may behave properly from now on, but the “I’m offended” trope is hard to root out.

ADDENDUM:  FIRE has posted a laudatory commentary on Dean Martinez’s letter.

h/t: Dorian and several readers

Entitled Stanford Law students, egged on by DEI dean, demolish the free speech of a visiting judge

March 12, 2023 • 9:45 am

A bunch of students at Stanford Law school, egged on by a DEI dean, managed to shut down a talk by Judge Kyle Duncan, who’s on the Court of Appeals of the Fifth Circuit. That’s one of the 13 appellate courts of last resort before the final one: the U.S. Supreme Court. The Fifth, headquartered in the southern United States, is known for the conservative tenor of its decisions, and nearly all its judges were appointed by Republicans.

Stanford Law School, on the other hand, is known as Left-wing, indeed, in many ways it’s woke. Ergo there was bound to be trouble when the student branch of the Federalist Society, a conservative legal organization, invited Kyle Duncan to speak on a topic one would think would interest SLS students: “The Fifth Circuit in Conversation with the Supreme Court: Covid, guns, and Twitter.” It’s not often law students get to hear an appellate court judge discuss interactions with the Supreme Court (justices tend to keep their views private), so this would be something I’d want to hear, too.

The SLS student didn’t. They are incurious about views contrary to their own, and showed it.

First, a poster appeared, produced by SLS students, showing all the officers of the school’s Federalist Society. It’s a way of doxing them, but it’s legal. Still, it was meant to intimidate them by urging other students to demonize them.

Below is another one indicting Judge Duncan (not all the accusations are accurate, and of course “fought” really means “ruled on the issue”). It is true, however, that he’s a conservative justice, and was appointed by Trump. That alone makes him anathema to most SLS students.

Finally, the talk was further attacked in advance in an email sent to the students by Tirien Steinbach, the Law School’s Associate Dean for Diversity, Equity & Inclusion. You can see that email, and a pretty balanced summary of all the issues and events around Duncan’s visit, in the Substack article below by David Lat, a legal journalist who also leans to the right. (He does, however, call out Judge Duncan for his own juvenile behavior during the Q&A session.)

Click to read:

Lat reproduces Steinbach’s email, which is too long to repeat here. It does, however, throw gasoline on the fire. At the same time she assures students that Stanford favors free speech, she also reminds them how odious Judge Duncan is:

While Judge Duncan is not expected to present on his views, advocacy or judicial decisions related directly to LGBTQ+ civil rights, this is an area of law for which he is well known. Numerous senators, advocacy groups, think tanks, and judicial accountability groups opposed Kyle Duncan’s nomination to the bench because of his legal advocacy (and public statements) regarding marriage equality, and transgender, voting, reproductive, and immigrants’ rights. However, he was confirmed in 2018. He has been invited to speak at SLS by the student chapter of the Federalist Society.

A coalition of SLS students have expressed their upset and outrage over Judge Duncan’s invitation to speak at SLS.  For some members of our community, Judge Duncan, during his time as an attorney and judge, has “repeatedly and proudly threatened healthcare and basic rights for marginalized communities, including LGBTQ+ people, Native Americans, immigrants, prisoners, Black voters, and women,” and his presence on campus represents a significant hit to their sense of belonging.

And while she reminds students that SLS will not censor Judge Duncan, that’s exactly what happened. Far more students showed up to protest Duncan’s appearance than to listen to him. They held up signs and, as Duncan began to speak, repeatedly interrupted him and shouted him down.

Below: one tweet from Aaron Sibarium’s twitter thread, showing a protest sign (“Duncan can’t find the clit”, presumably referring to his stand on abortion) and some of the student reaction.

Unfortunately, when Duncan asked the SLS administrators to restore order (three were in attendance), the one who stepped in was DEI dean Steinbach, who proceeded not to restore order, but to lecture Duncan for nine minutes about how he was causing “harm” to the students. She also questioned whether Stanford’s free-speech policy wasn’t itself harmful—whether “the juice was worth the squeeze”. Apparently Steinbach had prepared written remarks for such an occasion, anticipating that she’d get to chew out the Judge.

Steinbach’s patronizing lecture to Duncan can be seen below in the Twitter thread by legal writer Ed Whelan that begins here. See below, or you can watch Steinbach’s remarks on Vimeo.

As Lat recounts, Duncan’s talk ended without students being able to listen:

As you can see from the video, about half of the protestors eventually left at the direction of a student protest leader, with one of them charmingly calling the judge “scum” as she walked out. Yet the heckling continued, and still the administrators did nothing to intervene. Eventually, the student-relations representative tried to intervene once it had become clear that the event was out of control—but Judge Duncan then criticized him, telling him that he should have acted sooner.

Not getting traction trying to give a speech, Judge Duncan moved on to the question-and-answer session, and the protestors quieted down enough to ask a few questions. The questions—and answers—were generally contemptuous. As the judge put it to me, while he’s usually happy to answer questions when he speaks at law schools, the questions he received at Stanford were not asked in good faith; in his words, they were of the “how many people have you killed” or “how many times did you beat your wife last week” variety.

According to Lat, Duncan himself lost his cool and responded angrily to the students:

After around ten minutes of trying to give his remarks, Judge Duncan became angry, departed from his prepared remarks, and laced into the hecklers. He called the students “juvenile idiots” and said he couldn’t believe the “blatant disrespect” he was being shown after being invited to speak. He said that the “prisoners were now running the asylum,” which led to a loud round of boos. His pushback riled up the protesters even more.

I can understand Duncan’s anger, but a federal judge should be able to restrain his temper under fire.

Duncan has remained angry in later interviews, “saying that the protesters behaved like ‘dogs**t’ and that Dean Steinbach should be fired.” At the very least, I think Steinbach’s behavior was execrable—far, worse than the Judge’s, and she should be disciplined if not fired. She knew full well what her actions would cause, for she’d prepared remarks for that very occurrence.

The next day, Jenny Martinez, Dean of the SLS, wrote an email to the community saying, in effect, that “mistakes were made”, and that Judge Duncan should have been allowed to speak. But she made no mention of DEI Dean Steinbach’s role in the whole thing.  Lat reproduces Martinez’s email in his Substack post,

I found Martinez’s “apology” okay but insufficient, and I emailed her directly (copying it to Stanford’s President), saying that at the very least Steinbach deserved a reprimand. It is not the purpose of a DEI dean to create even more division and disunity, and Steinbach, who should have behaved more professionally, acted like a frothing ideologue. “Harm” indeed!  Can we replace this “harm” word for what it really means in these situations: “offense”?

FIRE also wrote a letter to Stanford’s President about the treatment of Duncan; here’s a bit:

In the video, Dean Steinbach—who ostensibly was brought into the event to restore calm, and arguably did so—repeatedly praised the hecklers and accused the speaker of “harm.” She also muses about whether, in regard to Stanford’s permissive free expression policies, the “juice is worth the squeeze.” She suggests the university “might need to reconsider these policies” to prevent speakers like Duncan from sharing their views on campus in the future because they may upset some students.

. . . When the university allows speakers like Judge Duncan to be silenced, it sends the message to all in the Stanford community that those who engage in unlawful, disruptive conduct have the power to dictate which voices and views may be heard on campus. If reports about last night’s disruption are accurate, Stanford must take immediate steps to reaffirm its commitment to expressive rights for all. Failure to do so quickly and clearly will be to Stanford’s lasting shame.

Yesterday, both Stanford’s President, Marc Tessier-Lavigne and SLS Dean Martinez personally apologized in a joint letter to Judge Duncan. Eugene Volokh posts those apologies here. It’s a good letter, and does refer indirectly to DEI Dean Steinbach. They also promise to do better. I’ll believe it when I see it. From the letter:

We are very clear with our students that, given our commitment to free expression, if there are speakers they disagree with, they are welcome to exercise their right to protest but not to disrupt the proceedings. Our disruption policy states that students are not allowed to “prevent the effective carrying out” of a “public event” whether by heckling or other forms of interruption.

In addition, staff members who should have enforced university policies failed to do so, and instead intervened in inappropriate ways that are not aligned with the university’s commitment to free speech.

The only person that last paragraph could refer to is Dean Steinbach.

So that’s the story, and it’s been all over the media—the Right-wing media, mostly, for it’s not in the Left-wing media’s interest to show bad behavior of those on its end of the ideological spectrum.

The Big Lesson: As Christopher Hitchens observed in his marvelous talk in Toronto on free speech, if people have an opinion that is grossly different from the “prevailing wisdom,” that makes it even more urgent to not only allow those persons to speak, but to listen to them. Judge Duncan should have been listened to quietly (I also don’t think signs should be allowed in the lecture room, as they are designed to discombobulate the speaker), and the post talk questions, if confrontational, should at least have been polite.

But it’s not just the fault of the Stanford Law students, for their school apparently failed to instill in them the meaning of the First Amendment and how it should be respected on a campus. I’d suggest to Dean Martinez that a first-year’s orientation at SLS should include a unit on freedom of speech.

***************

UPDATE: A new article in The Stanford Review, the university’s conservative newspaper. Click to read:

An excerpt:

Stanford’s apology to Duncan stated the obvious: this shouldn’t have happened. Judge Duncan graciously accepted the apology. In doing so, he reiterated that he never should have been shouted down in the first place and that staff members who should have enforced university policies failed to do so. He reiterated how poor the behavior of Steinbach was, stating that “the administrators’ behavior was completely at odds with the law school’s mission of training future members of the bench and bar.” The apology also said that Stanford would take steps to ensure this does not happen again. However, it is unclear what Stanford plans to do to prevent such disruption in the future. Firing Dean Steinbach is a good start.

The university’s apology will be completely meaningless unless concrete actions are taken to rid the administration of anti-speech zealots

They’re right: unless there is action, all we have is meaningless words. I am not a “cancel culture” advocate who normally calls for somebody who makes a misstep to be fired. But what Dean Steinbach did wasn’t a misstep: it was a deliberately planned and timed provocation to push back on Stanford’s free speech policy and prevent the students from hearing “offensive” speech like that proferred by Judge Duncan. This was not a misstep but sabotage of Stanford’s policies, and, upon reflection, I think they should give Dean Steinbach her walking papers.

The decline and fall of academic probity

February 28, 2023 • 11:15 am

For a number of reasons, cheating in both high schools and colleges rose strongly during the pandemic, and continues to rise. This come from surveys of cheating (probably underestimates) as well as college’s reports of cheating (see this NPR article).

Here are some data from ProctorEdu:

Although educational institutions come up with new, stricter regulations and honor codes, academic dishonesty remains a serious cause for concern. The Educational Testing Service (ETS) gives statistics showing that, whereas in the 1940s only 20% of college students admitted to cheating, nowadays the percentage has increased to 75 – 98%. Another study, conducted by Dr. Donald McCabe in cooperation with the International Center for Academic Integrity, showed that 95% of students confessed to having cheated in some form (plagiarism, cheating on a test, etc.). This survey involved 70,000 students (both graduates and undergraduates) and was conducted for 12 years (from 2002 to 2015).

95%!!!!!

There are more data from McCabe’s study here.

Anecdotally, I’m also hearing a lot more from my colleagues about cheating in their classes, though of course that’s “lived experience”.

There are a number of reason why cheating, which includes direct cheating on tests, plagiarism, and other forms of academic dishonesty, has risen so sharply. Of course there’s ChatGPT and other bots that can write answers for you. But there’s also greater opportunity for cheating when learning and test-taking are remote, when profs allow open-book exams as well as cooperation on assignments or tests, and allow students to retake tests for higher grades. There’s also the increased entitlement of students, who now see themselves as consumers of a product and adopt a “customer is right” mentality, the general malaise of students during the pandemic, and, sadly, the fact that (or so I think) professors don’t really care that much any more. This has all led to grade inflation, so that soon every student will graduate with straight As and grade-point averages will be nearly useless as an index of merit.

All of these points are emphasized in this piece by Suzi Weiss on her sister Bari’s website, The Free Press.

Click to read:

The major flaw of the article is that Weiss relies on anecdotes and interviews, giving few statistics (which do exist). She doesn’t even cite McCabe’s study. But in the main she’s right that cheating is skyrocketing.  Here’s the “evidence”, though I’d prefer data:

For decades, campus standards have been plummeting. The hallowed, ivy-draped buildings, the stately quads, the timeless Latin mottos—all that tradition and honor have been slipping away. That’s an old story. Then Covid struck and all bets were off. With college kids doing college from their bedrooms and smartphones, and with the explosion of new technology, cheating became not just easy but practically unavoidable. “Cheating is rampant,” a Princeton senior told me. “Since Covid there’s been an increasing trend toward grade inflation, cheating, and ultimately, academic mediocrity.”

Now that students are back on campus, colleges are having a hard time putting the genie back in the bottle. Remote testing combined with an array of tech tools—exam helpers like Chegg, Course Hero, Quizlet, and Coursera; messaging apps like GroupMe and WhatsApp; Dropbox folders containing course material from years past; and most recently, ChatGPT, the AI that can write essays—have permanently transformed the student experience.

“It’s the Wild West when it comes to using emerging technologies and new forms of access to knowledge,” Gregory Keating, who has a joint appointment at USC’s Department of Philosophy and Gould School of Law, told me. “Faculties and administrations are scrambling to keep up.”

Amy Kind, a philosophy professor at Claremont McKenna, said that, at the prestigious liberal arts college just east of Los Angeles, “Cheating is a big concern among the faculty.”

What amazed me are two things: how lax the faculty are in monitoring cheating, and how clever the students are at cheating. (One site estimates that 95% of them get away with it.)

Here are four ways that students do it:

1.) When it was time for Sam Beyda, then a freshman at Columbia University, to take his Calculus I midterm, the professor told students they had 90 minutes.

But the exam would be administered online. And even though every student was expected to take it alone, in their dorms or apartments or at the library, it wouldn’t be proctored. And they had 24 hours to turn it in.

“Anyone who hears that knows it’s a free-for-all,” Beyda told me.

Beyda, an economics major, said students texted each other answers; looked up solutions on Chegg, a crowdsourced website with answers to exam questions; and used calculators, which were technically verboten.

He finished the exam in under an hour, he said. Other students spent two or three hours on it. Some classmates paid older students who had already taken the course to do it for them.

“Professors just don’t care,” he told me.

I presumed that Sam Beyda is a pseudonym, but I there is a Sam Beyda online who goes to Columbia and will graduate this year. My apologies if this is not the one mentioned above.

This next case is heinous and redounds to the professor’s laxity; it comes from a sophomore at the University of Pennsylvania.

2.)  This past semester, in her Intro to Accounting class, students took the midterm online—but in a proctored classroom using a browser that alerted teaching assistants if anyone navigated out of the exam in search of illicit information. To access the browser, students had to log in with an individual code given to them after they showed up for the exam.

Sounds pretty airtight.

Not so fast.

No one checked IDs to make sure the students enrolled in the class were the same students taking the final. Cheaters in the class paid fellow classmates—the ones who stayed in the proctored exam room—up to $100 to send them the codes so they could log in from outside the room, where they were free to look up information on their phones or brainstorm answers together. In case the Olds got smart and thought to track students’ IP addresses—that is, where they actually were—students reserved study rooms in the same building as the exam room, Huntsman Hall, making it appear as though they were physically there. (It’s unclear whether any proctors thought to check.)

The average on the midterm was around 80 percent. In past years, it was closer to 60 or 70 percent. “It’s not that the teachers got miraculously better at teaching the content or that the kids are smarter,” the University of Pennsylvania sophomore told me.

She added that the class was graded on a curve. “I’m getting screwed over for doing the right thing,” she said. “It’s a disadvantage not to cheat.” The student received a C on the test.

This could have easily been avoided by checking IDs. (But who would think to do that?)

3.) At Tufts, sources told me that crib sheets have gone digital, with students uploading course material to their Notes app and using their Apple watches to access information while taking tests.

This is why I was always present during exams, roaming the room. Surely you could spot students constantly looking at their watch! But how nefarious!  And, finally, this fiendishly clever method:

4.) And at Dartmouth—once the reserve of the WASPiest of the WASPs, in beautiful, cloistered Hanover, New Hampshire—an anonymous source told me that students have developed the habit of breaking into groups of four when given online multiple-choice quizzes. Each guesses a different answer (A, B, C, or D) to each question. Because students get two chances to take the quiz—why that is, no one seems to know—they all have the right answer by the time they take the quiz for a second time. And wind up with a perfect score.

They don’t even have to read the question. If you’re reading the question, you’re doing it wrong.

Well I could rant about how students are taking advantage of the system, especially remote learning, but the professors are certainly enabling this behavior, apparently because they don’t care, and also because younger and untenured faculty and instructors stand to lose if they get bad student evaluations.

But I will rant no more except to say two things. First, cheating robs the students of what college is (or was) supposed to be for: the joy of learning and being exposed to new and challenging ideas. Second, I’m glad I’m not teaching any more. Not only would I have to deal with all the above, but you have to watch what you say in class very carefully lest you get reported and disciplined. (This isn’t so much the case at the University of Chicago.)

UPDATE: Apropos of the last paragraph, reader Roger just informed me of this article in Reason magazine (click to read):