Author Archive: Robert Shibley

YALE LAW STUDENTS DISRUPT DISCUSSION ABOUT FREEDOM OF SPEECH. FIRE is looking into this, but it bears repeating: the cure to speech you don’t like is more speech, not silencing the person you don’t like. Yale has committed itself to this principle, but seems to have done little or nothing to explain why “equal justice under law” on free speech is the only protection the protesters have for their own speech, should a mass of people take a dislike to what they have to say. Lawyers (and law students), of all people, need to understand this principle.

SOCIAL MEDIA: CALLS FOR VIOLENCE ARE NOT FREE SPEECH, WE MUST BAN THEM! (THUNDEROUS BLUE CHECK APPLAUSE.)

ALSO SOCIAL MEDIA:

SELF-CENSORSHIP ON CAMPUS: FACTS VS. NARRATIVE. The Twitterati (an unrepresentative group that nevertheless wields enormous cultural power) lost its mind over the last couple of days after the New York Times published an op-ed (paywalled, sorry!) from a politically liberal college student and recent FIRE intern cogently pointing out that she expected debate at college but instead found it rife with self-censorship. Apparently, making this personal observation, or polling 37,000 college students to prove it (as FIRE did), makes you conservative regardless of your actual principles or beliefs. Is it really so hard to process the idea that a free speech group could actually be serious about defending everyone’s free speech, regardless of viewpoint?

I PROBABLY WOULD HAVE LET THEM KEEP THAT ONE.

1. Invade the Ukraine
2. Take over Chernobyl
3. ????
4. Profit!

WHO YOU GONNA BELIEVE?

John Stuart Mill in On Liberty, 1859: “Complete liberty of contradicting and disproving our opinion, is the very condition which justifies us in assuming its truth for purposes of action; and on no other terms can a being with human faculties have any rational assurance of being right.”

The FBI, on Twitter, 2022:

For those who might say “oh, this is only about foreigners,” that doesn’t matter — if the “foreigners” are right about the electoral system being compromised, they’re doing us a favor by telling us so, even if it’s for their own selfish reasons.

 

 

FEDERAL JUDGE MAKES SURPRISE CHANGE IN SPEECH AT GEORGETOWN LAW: Scheduled to talk about originalism, Judge James C. Ho instead announces “I’m going to spend my time today talking about Ilya Shapiro” and then does so for the entire speech.

“If Ilya Shapiro is deserving of cancellation,” he concluded, “then you should go ahead and cancel me too.”

Georgetown, cut your losses and just let Shapiro go to work. This is passing “embarrassing” and is headed straight for “career-ruining humiliation” territory.

UPDATE (FROM GLENN): Georgetown Law Self-Cancels Its Elite Status.

THIS YEAR’S TEN WORST COLLEGES FOR FREE SPEECH IS OUT TODAY! And you won’t BELIEVE who’s… Oh heck, yeah you will. Georgetown is on there. In fact, FIRE had to delay the release a bit just to update its entry.

This 11th annual edition of FIRE’s annual list also includes a college that punished students for handing out stickers critical of China’s government, and another that sent a law professor to mandatory reeducation for including censored references to slurs in an exam — the materials for which used the same slur redacted in the same way. I am not making this up.

A CHANCE TO HELP CANCEL CANCEL CULTURE: The New Tolerance Campaign is inviting people to contact Georgetown Law dean William Treanor and urge him to stand up to a textbook cancellation campaign by keeping Ilya Shapiro, who sent what he admits was an “inartful” tweet criticizing Biden’s promise to limit his Supreme Court search to black women and exclude males and people of other races from consideration, regardless of qualification. You can learn more in FIRE’s letter to Dean Treanor, too.

UPDATE (FROM GLENN): Related: “So, basically, people are talking about firing Ilya Shapiro for expressing a sentiment held by most Americans, most non-white Americans, and most Democrats, because it’s too right-wing I guess.”

WASHINGTON & LEE CHANGES COURSE, ALLOWS STUDENT CAMPAIGNING AFTER SHUTTING DOWN COLLEGE GOP BEFORE VA. ELECTION. Students couldn’t campaign for Youngkin before the election based on W&L’s bogus 501(c)(3) reasoning. Last week W&L finally changed the policy – the day before Youngkin took office, which seems like all kinds of coincidence.

Reminder: W&L President Bill Dudley is the one who amusingly said last year that universities had been unfairly dragged into the culture war.

WILL YOUR COLLEGE DEGREE BE A GOOD INVESTMENT? Merits of the education itself aside, the gatekeeping function colleges provide used to make this an easy “yes,” at least in most people’s eyes. That seems to be fading now, as costs mount while the utility of many degrees continues to decrease, for all kinds of reasons — not just the usual suspects.

HUFFPO’S WHITE HOUSE CORRESPONDENT ON JAN. 6 VERSUS 9/11. I’m a free speech lawyer. I am an awfully hard person to seriously offend. But by golly, this guy managed it, by spitting on the graves of thousands of innocent people for a Twitter hot take.

UPDATE (FROM GLENN): The thing you have to understand though, is that he’s sincere. The worst thing a Democrat can imagine is a threat to Democrats’ political power. Islamists aren’t seen as such a threat. Meanwhile their biggest fear is that the Normal-American community will rise up and take back control of the country and its institutions. All the media censorship, charges of “white supremacy,” etc. is just designed to prevent that.

HAPPY 230TH BIRTHDAY TO THE BILL OF RIGHTS. Yeah, I know, hollow laughter. I share it myself sometimes (I’m riding the hilariously bad and authoritarian Amtrak right now). But consider how bad things would be without it. There probably won’t be a United States of America in the year 2791 — but our descendants will certainly still remember the Bill of Rights.

OREGON HEALTH AUTHORITY IN TALKS TO MAKE MASK MANDATES PERMANENT. Gee whiz, who saw this coming?

They told us “two weeks to slow the spread.” My suggestion: when the 2 year anniversary comes up – that’s 52 times the amount of time they asked – we all agree to just stop wearing them all at once. If they have the power to insist, like on air travel, we all just agree to put up a huge fuss every single time before we put it on. I think that would probably finish off these pointless mandates.