https://www.nationalreview.com/2021/06/free-speech-in-crisis-at-stanford-law-school/
Stanford University recently threatened a liberal law student’s ability to graduate over a satirical post to an email listserv aimed at the campus chapter of the Federalist Society. Fortunately, the school has now backed down. This is yet another story of academic disciplinary systems run amok against free speech. The hero of this tale is the indispensable Foundation for Individual Rights in Education (FIRE), which fights for student rights to free speech, religious liberty, due process, and freedom of conscience on campuses across the country. Given the political climate on today’s campuses, that means that a lot of FIRE’s work is on behalf of conservative students, but as this case illustrates, FIRE will take on the campus censors to protect speech from all different perspectives.
The chief villain in the story is the university’s cowardly, brain-dead complaint system, the staff of which acted so unreasonably in this case that they even came under fire from the dean of Stanford Law School. The press, interested primarily in score-settling against the Federalist Society, has focused mainly on the involvement of the three law-student officers of the Stanford Federalists in triggering the disciplinary process. Those students did, in fact, have a legitimate reason to be aggrieved — but they crossed a line by invoking the disciplinary machinery of the university. There are lessons all around about how we should go about protecting free speech on campus.
The Riot Act
The controversy began on January 25, a few weeks after the January 6 Capitol Riot. Nicholas Wallace, a third-year student at Stanford Law, created a satirical poster purporting to be a Federalist Society event on “The Originalist Case for Inciting Insurrection.” The event claimed to feature Missouri senator Joshua Hawley (a Stanford alumnus) and Texas attorney general Ken Paxton, hosted by the Stanford Law student chapter of the Federalist Society.
The flyer promised to hand out “riot information” and give out Grubhub coupons, and explained, “Violent insurrection, also known as doing a coup, is a classical system of installing a government. Although widely believed to conflict in every way with the rule of law, violent insurrection can be an effective approach to upholding the principle of limited government.” The flyer took pains to imitate the design and cadence of a Stanford Federalist Society event, down to the logo and formatting. You can see it below:
A modestly careful reader would notice that the event was dated January 6, the date of the riot, rather than a date in the future. Sadly, many people these days are not modestly careful readers.
In a saner time, the flyers would have been posted around the campus. Instead, Wallace posted them to a Stanford email listserv, and the drama escalated from there. Judging from the negative comments he received that day, the people who were immediately offended were thin-skinned left-leaning law students triggered both by the satire and by the very existence of Federalist Society debates on the campus. One wrote, “If cannibalism were a real, widespread fear among people in your society, then I think A Modest Proposal would be inappropriate to email to everyone en masse, under the guise of a legitimate organizational proposal.” There was also discussion of “*why* so many students believed this was a real event.” Another: “To those of you made to feel unsafe by this fictional event, I invite you to likewise reflect on the actual events hosted by the Federalist Society that have threatened our classmates’ wellbeing,” citing speakers critical of DACA and DAPA:
For the sake of “academic freedom,” our undocumented classmates must bear the trauma of attending an institution that welcomes speakers actively working to remove their right to remain in the country…I hesitate to draw the line of what is acceptable discourse at pointing out the Federalist Society’s complicity in this issue, even if done so satirically and at our discomfort. Our policy, as recently reaffirmed by Dean Martinez, is to promote discussion despite discomfort. I ask only that you reflect on the momentary dread you felt as an example of the cost of “academic freedom” we impose on our BIPOC and undocumented classmates.