JOSH BLACKMAN ON THE INCOHERENT LAWPROF LETTER ON IMPEACHMENT:

Presumably, some of the signatories do not agree with this statement. And the inclusion of “regardless of whether” makes it even less clear what “Many” professors are agreeing to. Some professors may think the First Amendment applies to impeachment proceedings. Some professors do not. Some professors think that the First Amendment does not apply, and Trump can be convicted for some reason. And some professors think that the First Amendment applies, and Trump cannot be convicted. But the full sentence makes it even less clear what “many” professors are agreeing to. . . .

I have long been critical of these sorts of group statements. Law professors tend to have very nuanced views. And letters prepared for 100+ professors cannot adequately reflect that nuance. This letter tried to accomplish some nuance by referring to the views of “many” professors. But in doing so, the letter fractured so badly that I’m not even sure what precisely a majority agreed upon. This statement reads like a splintered plurality decision from the Supreme Court where there is a majority that agrees on a single disposition, but there is no single rationale. Alas, this nuance will be lost in public discourse. What matters is that 140 law professors submitted a letter arguing against Trump’s First Amendment defenses.

It’s all about virtue signaling anyway.