Greta Reich '26 is the Culture Desk Editor for Arts & Life, News staff writer and copy editor for Vol. April 5, 2023, 11:39 p.m. Stanford Law School (SLS) became the target of public scrutiny after Judge Kyle Duncan's visit to SLS on Thursday, March 9 was continuously interrupted and cut short. Judge Kyle Duncan threw a tantrum and Stanford Law School sold out its own to please him. "I told [students] this is not going to work in a courtroom, this way of disagreement," he said. There are very specific accreditation standards for law schools and of course, Stanford Law School easily meets them all, Ford wrote. This week, Colorado lawmakers advanced a bill that would make all state prison calls free. The University did not respond to The Dailys request to comment on this protest or on the ACS letter. Today, most Americans would, I think, reflexively regard that tactic as creepy. Before reading this, watch the nine-minute video, widely available online, of last weeks mob victory at Stanford Law School. He also criticized a Stanford official, Tirien Steinbach, the law school's associate dean for diversity, equity and inclusion, who in a video of the event posted online by the conservative publication National Review addressed him and the crowd before the judge spoke. On Thursday, March 16, a van sponsored by Accuracy in Media appeared on campus, driving around with the words, Tirien Steinbach uses fascist tactics to bully others. The way that he was treating Dean Steinbach shows the way he treats people who are different from him, which is [people who are] not a cis-het white man. Upon graduation from the Law Center, she clerked for the Honorable Edith H. Jones, Judge for the United States Court of Appeals for the Fifth Circuit, and was an associate at Vinson & Elkins . As the event began, roughly 100 student protesters who object to many of Duncans views and rulings stood in a line outside the event to boo those who entered, Lat reported, with some students calling out individual classmatese.g., Shame, John Smith la Cerseis Walk of Atonement on Game of Thrones. Then the protesters disrupted the event so severely that the judge was unable to continue his remarks. Stanford Law assistant dean embroiled in judge's free-speech It involves the difference between civility and self-censorship. Screen for heightened risk individual and entities globally to help uncover hidden risks in business relationships and human networks. Do I find it prudent for law students to choose modes of discourse that disadvantage brilliant legal reasoning in favor of the skill set of Andrew Dice Clay? Sadly, in todays America, the involvement of some federal judges and members of the House of Representatives tells us nothing about whether a claim is sensible. Duncan compared the protest to incidents at other law schools, including Yale and Georgetown, where student-led protests of conservative speakers prompted discussion about whether law schools are living up to their ideals as bastions of open debate and free speech. And when a Supreme Court vacancy opens under the Republican president, whether its Trump, Gov. The ban does not include current students at the schools. We feel that the apology letter submitted to the judge has fueled a dishonest narrative being circulated by Judge Duncan and right-wing media, to the detriment of the Stanford Law School community and principles of free speech. This outrageous conduct may seem shocking to those who expect judges to adhere to the Judicial Code of Conduct by behaving with humility and restraint (and by treating their colleagues with basic dignity). You are an appalling idiot, he told one student. Ilana Redstone: Heres what was really going on in the fracas at Stanford Law. The Stanford Disruption: Who Should be Apologizing to Whom? - Reason.com Yes. Readers can find in the Washington Free Beacon the insulters unintended proof that there is indecent exposure of the mind as well as the body. Steinbach went to the lectern and read a statement obviously written in anticipation of this opportunity to pander to the inflamed progressives: She was pained that Duncan was welcomed at the school because his previous work and words had caused harm to students, including the absolute disenfranchisement of their rights. She blamed him for inflaming the protesters by responding to them. But this techno-optimist mindset can tip into a conviction that tradition is a synonym for inefficiency and that every institutions age is a measure of its incompetence. 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. Photo: Image Of Sport/Zuma Press. She said that she wholeheartedly welcomed Duncan to campus, but told him, For many people here, your work has caused harm. Twice Steinbach asked, Is the juice worth the squeeze? seeming to question if he believed his speech was worth the reaction. The Slate Group LLC. Steinbach validates the falsehood that the mere presence of a federal judge at a law school bears on whether any student belongs there as if his physical proximity to the campus pollutes its purity, or as if his speaking there, at the invitation of a group that represents a small minority of students, somehow signifies Stanford Law Schools endorsement of the jurists moral character, political values, or jurisprudence, Freidersdorf wrote. If he were to accommodate the prisoners request to be addressed by the pronoun of her choice, Duncan warned, the court may unintentionally convey its tacit approval of the litigants underlying legal position. Martinezs letter comes after commentators from various American media outlets have expressed their own views of the event and protest. 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. On Thursday, he rebranded, premiering a far more combative persona whos hellbent on owning the libs. New video shows Stanford protesters heckling Trump judge as DEI dean An earlier version of this column incorrectly stated Tirien Steinbach, Stanford Law School associate dean for diversity, equity and inclusion, told student protesters that they had violated Stanford's non-disruption speech policy. Named by President Donald Trump to the 5th Circuit, Duncan is controversial not only for his previous advocacy against LGBTQ rights but also for his rulings, including a 2020 case in which he refused to call a transgender woman by the female pronouns. Ho revealed his decision in a speech Saturday to the Texas Review of Law and Politics, according to prepared remarks viewed by Reuters. The school might be improved by the departure of the student whose idea of intellect in the service of social justice was to shout sexual boastings and scabrous insults. Duncan was shouted down; as he entered the classroom to give his talk, he said, one protester yelled, We hope your daughters get raped. Duncans response can be safely described as injudicious. 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.. Reluctantly, Duncan let Steinbach speak. And I hope so, and Ill stay for your remarks to see, because I do want to know your perspective. The initial narrative was heavily shaped by a video and accompanying Twitter thread posted by Ed Whelan, a conservative commentator best known for falsely accusing one of Brett Kavanaughs classmates of sexually assaulting Christine Blasey Ford on the basis of Zillow floor plans. Duncan called some of protesters appalling idiots and bullies, remarks he later defended. (The Supreme Court soon overruled him. Some sat in chairs with others lining the back and side walls of the room. Ho said he was suspicious of the letter because it imposes no consequences on anyone. He accused elite law schools like Stanford of discriminating against religious conservatives and suggested faculty and administrators were afraid to take action to stop it. In reality, Stanford hosts many such events due to their obvious educational value: It is vital for lawyers to understand how judges think, perhaps wrongheaded judges most of all!, By 12:30 p.m. on March 9, protesters gathered in the classroom building of the law school with posters condemning Duncan; some also had trans flags painted on some of their cheeks. The Stanford Review wrote in an article on Saturday, If Stanford cares about free speech, it must fire any administrator who actively encourages these unruly actions against it. On Twitter, they wrote, Fire Tirien Steinbach.. As always, I welcome your thoughts, concerns, suggestions, and reflections.. About 30 minutes into his speech, Duncan stopped his remarks to ask for an administrator to help handle the commentary and heckling from the protesters. Steinbach was placed on leave by the law school in March after Kyle Duncan, a conservative federal judge, was shouted down by students during a speech he was invited to give on campus. Something Ive always liked about the founders, venture capitalists, and tech evangelists that Ive met over the years is their disposition toward technology as a lever for progress. They reached out to FedSoc that night to ask that FedSoc either cancel his event or move it to Zoom. Yes, his behavior was injudicious; that was the point. Judge Stuart Kyle Duncan, a Columbia Law School graduate who serves on the U.S. Court of Appeals for the 5th Circuit, was invited by Stanford Law Schools Federalist Society chapter to talk about his court in conversation with the Supreme Court. Some progressive students, and Steinbach, especially dislike some of his views concerning social issues same-sex marriages, transgender rights, abortion, pronouns, etc. He must also yearn for a street fight with his ideological foes. Finally, Steinbach asked everyone to quiet down and granted that Stanfords commitment to free speech would be threatened by shutting down an invited speaker. The op-ed will, I believe, appear in print in WSJ 's weekend. Steinbach said in the op-ed she was asked by the. Contact her at greich 'at' stanforddaily.com. There is too much of this in our current environment, not too little. Circuit Judges James Ho and Elizabeth Branch, both appointees of Republican former President Donald Trump, of law clerks from Yale Law School in protest of what the judges called cancel culture and an intolerance of conservative viewpoints. He was appointed to the court by President Donald Trump in 2017 and confirmed . March 10 - A federal appeals court judge appointed by former Republican President Donald Trump on Friday said Stanford Law School in California owed him an apology after dozens of student protesters including LGBTQ rights supporters disrupted an event he spoke at on Thursday. And I understand why people feel like the harm is so great that we might need to reconsider those policies. They are training to express themselves for a living. Steinbach sent an email to SLS community members on Thursday morning to inform them of Judge Duncans appearance on campus and make them aware of this safe space., In the email obtained by The Daily, Steinbach wrote, Today, my hope is for this community to practice using the skillful communication and active listening tools we will need to understand, to advocate, and to be part of creating the inclusive, diverse, just, and fair world we aspire to build. He emerged as a folk hero on the right, the audacious judge who punched back at crybullies on the left who tried to silence his free speech. From accusations of fraudulent research leveled against Tessier-Lavigne, to a high-profile free speech controversy where Steinbach shouted down federal judge Kyle Duncan, the 2022-2023 school year . No thanks. Will Nazi Imagery Survive the Ron DeSantis Reboot. If they cant handle being on the same college campus as a judge whose views they hold in contempt without experiencing harm, how are they supposed to excel before, say, a judge who sent one of their innocent clients to prison, or to represent a rapist as a public defender, or to sway a Supreme Court justice who isnt totally convinced that torture is wrong? In spaces where provocation is essential opinion columns, universities and law schools in particular it discourages the challenging of orthodoxy in favor of the comfortable cosseting of preexisting views. As one source told Lat, Duncan looked more like a YouTuber storming the Capitol, than a federal judge coming to speak. This source expressed surprise that the judge did not prepare himself to stay composed. But videos of the event, combined with Duncans behavior on the bench so far, strongly suggest that he did prepare himselfnot to stay composed, but to belligerently insult the protesters with schoolyard taunts. Id listen even more carefully if I hoped to one day overturn one of his precedents as a lawyer. If you would like to talk with me, before or after the event, Im always grateful to learn from folks with strongly held perspectives., On Wednesday, March 8, OutLaw Retreat Chair Denni Arnold JD 24 wrote to five SLS professors who had a class that conflicted with Duncans speech and the planned protest to ask that they move their classes to Zoom, let their students leave at 12:15 p.m. or not penalize students who choose not to attend your class that day or who choose to leave class early., Steinbach organized an alternative gathering space for students, which took place before the protest and speech in the Robert Crown Building. Yes. Note especially Tirien Steinbach, who, you should not be shocked to learn, is the law schools associate dean for diversity, equity and inclusion. Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. Judge Stuart Kyle Duncan, a Columbia Law School graduate who serves on the U.S. Court of Appeals for the 5th Circuit, was invited by Stanford Law School's Federalist Society chapter to talk . It is a violation of the disruption policy to prevent the effective carrying out of a public event. Heckling and other forms of interruption that prevent a speaker from making or completing a presentation are inconsistent with the policy While students in the room may do things such as quietly hold signs or ask pointed questions during question and answer periods, they may not do so in a way that disrupts the event or prevents the speaker from delivering their remarks The school is reviewing what transpired and will work to ensure protocols are in place so that disruptions of this nature do not occur again. But as attorney Matthew Stiegler noted on Monday, these jurists are making a rational calculation. And this is the division its caused. This is a flimsy excuse for intolerance and a lack of simple decency toward a fellow human being. Stanford Apologizes to US Circuit Judge for Disrupted Speech (1) In past opinions and public appearances, Duncan has not exhibited these qualities; he typically comes across as droll and slightly reserved. School later apologized to 5th U.S. In the speech, he described the behavior of student activists as intellectual terrorism., Students dont try to engage and learn from one another, he said. Judge Kyle Duncan was speaking to Stanford's chapter of the conservative Federalist Society when about 100 students barged in to protest. (For instance, he accused the protesters of asking When did you stop beating your wifetype questions.) Finally, he prematurely cut off Q&A and left. And luckily theyre in a school where they can learn the advocacy skills to advocate for those changes. Circuit Judge Stuart Kyle Duncan, a member of the New Orleans-based 5th U.S. Meredith J. Duncan | Professor of Law She is currently studying Political Science and Communications. She wrote that when Duncan asked for an administrator to step in, she was prepared to use the de-escalation techniques that she has been trained in. Trump-appointed judges behind Yale clerk boycott to speak on campus. Duncan came prepared, striding into the room with his camera out to film the event so he could make a record of their demonstration. No. Stanford Protest a 'Public Shaming,' Judge Kyle Duncan Says (2) And according to a report from the nonprofit Ella Baker Center for Human Rights, women disproportionately bear this financial burden they make up 87% of family members paying for phone calls and visits. Duncan served as lead trial and appellate counsel in a case that stopped transgender people from using the bathroom of their choice at state institutions. The judge, however, decided he no longer wished to deliver his prepared remarks, and instead moved straight to a Q&A. At Stanford Law, the judge saw an opportunity to brandish his demagogic bona fides. All rights reserved. Stanfords president and the law schools dean jointly say they are sorry about the unpleasantness. The industry leader for online information for tax, accounting and finance professionals. John F. R. Duncan - Google Sites What Stanford Law's DEI Dean Got Wrong - The Atlantic Duncan visited Stanford to deliver remarks to the campus chapter of the conservative Federalist Society. 2023 THE STANFORD DAILY PUBLISHING CORPORATION, Privacy Policy Accessibility Advertise, Donate and support The Daily when you shop on Amazon. Next question. He dismissed several of the protesters questions, asking one student, Was I even on that panel? when she cited a specific case of his where she said he took away voting rights from Black folks in a southern state., Duncan soon thereafter stopped his lecture. Duncan has consistently voted with the most radical bloc on the far-right 5th Circuit; in one particularly notorious case, he sought to force the military to deploy unvaccinated SEALs over their commanders objections. Ethics Observations On The Stanford Students' Abuse Of Judge Duncan Duncan himself offers a useful encapsulation of the distinction. On Wednesdays, he rounds up timely conversations and solicits reader responses to one thought-provoking question. More important, hearing the views of the other side can only aid in rebutting them. See here for a complete list of exchanges and delays. Ethics and Public Policy Center. Duncan is far from the only Trump nominee who is currently auditioning for SCOTUS. "In my view, this was a setup, she was working with students on this," he said. Stanford, stand up for REAL inclusivity! plastered on the sides. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. News explained in charts, maps, photography and videos, Expensively credentialed, negligibly educated Stanford brats threw a tantrum, Fed-up teachers in Tennessee find a novel answer to anti-woke hysteria, Montgomery parents want an opt-out on sexuality, gender education restored, Georgia teacher did not give parents a choice, After Mississippi banned his hormone shots, an 8-hour journey, A Ukrainian villages final farewell to soldier highlights toll of war. How much better off would they have been to allow him to speak, and to respectfully challenge his reasoning in the pronoun case? The judge has likely concluded that conducting himself like a truculent provocateur will increase his odds of advancing to the Supreme Court under a future Republican president. Videos reviewed by Slate show that a student leader of the protests then asked the audience to stay silent so Duncan could talk. My work, she said, has caused harm. It feels abhorrent and literally denies the humanity of people, he wrote. It is not enough for the next GOP justice to be to the right of Clarence Thomas and Samuel Alito. Stanford Law School Dean Jenny Martinez admitted that protests at Judge Kyle Duncan's seminar violated the school's policy of free speech. Before turning to the strategic element of Duncans very public tantrum, its worth clearing up some misinformation about the event. How a judge's visit to Stanford has changed the debate over free speech March 10 - A federal appeals court judge appointed by former Republican President Donald Trump on Friday said Stanford Law School in California owed him an apology after dozens of student. A previous version of this article contained an unintentional copy error that seemed to imply in one paragraph that Jenny Martinez was on leave, not Tirien Steinbach. Steinbachs missteps began before the event, when the DEI dean sent an email to students that included this passage: 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. Duncan not only rejected the inmates petition he disregarded her request that she be referred to by the female pronouns.
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