Conservative judges have clarified that they will not give Stanford Law students clerkships after a viral video of students harassing and insulting Fifth Circuit appellate judge Stuart Kyle Duncan during a Federalist Society event surfaced on social media.
Two judges on the Fifth Circuit Court of Appeals, Judges James Ho and Elizabeth Branch, said they would not hire Stanford Law students for clerkships after the viral outburst.
‘We will not hire any student who chooses to attend Stanford Law School in the future,’ Ho said during a speech to the Texas Review of Law and Politics.
Ho called the treatment of Duncan’ intellectual terrorism.’
"We will not hire any student who chooses to attend Stanford Law School in the future," Ho, who sits on the Fifth Circuit Court of Appeals, said Saturday evening in a speech to the Texas Review of Law and Politics, which you can read in its entirety here: https://t.co/8qE7bNMV5v
— Aaron Sibarium (@aaronsibarium) April 2, 2023
Ho and Branch previously announced a similar boycott on Yale Law students due to a series of events that questioned their commitment to free speech.
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During the video, students called Duncan’ scum,’ asked why he couldn’t ‘find the c***,’ and screamed, ‘We hope your daughters get raped.’
A dean at the event further attacked Duncan and his political reviews in a scripted speech rather than attempting to talk students down or extol the virtues of free speech.
‘Rules aren’t rules without consequences,’ Ho said, justifying the boycott. ‘And students who practice intolerance don’t belong in the legal profession.’
Ho said that some law schools encourage ‘intellectual terrorism’ by ignoring students’ hostile attitudes toward campus speakers who disagree with their views.
‘What some law schools tolerate and even encourage today is not intellectual exploration—but intellectual terrorism,’ Ho suggested.
He said that students are attempting to ‘eradicate’ particular views from public discourse through authoritarian tactics.
‘Students don’t try to engage and learn from one another. They engage in disruption, intimidation, and public shaming. They try to terrorize people into submission and self-censorship in a deliberate campaign to eradicate certain viewpoints from the public discourse,’ he added.
Outrage against law students at Stanford has crossed partisan lines as a famous lawyer who helped get Nixon impeached and helped get Trump investigated plans to file bar complaints against students who accosted Duncan.
NEW: The backlash to Stanford is growing and crosses partisan lines.🧵
1. John Banzhaf, a famous lawyer who helped end Nixon's presidency and got Trump investigated in Georgia, is planning to file bar complaints against the students who disrupted Duncan.https://t.co/NUcEqHzu1l
— Aaron Sibarium (@aaronsibarium) April 1, 2023
Ho expressed concern that law schools are getting away from teaching the fundamentals of American law, such as teaching lawyers to be ‘good citizens’ and to understand basic tenets of American democracy.
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‘Law schools like to say that they’re training the next generation of leaders. But schools aren’t even teaching students how to be good citizens—let alone good lawyers. We’re not teaching the basic terms of our democracy.’
In a heartening move for free speech advocates, Jennifer Martinez, the dean of Stanford Law School, apologized to Duncan after the video emerged. Martinez held firm after students attacked her for apologizing.
In case you've not been paying attention, #FreedomOfSpeech (& thought) is under threat in the university system where it needs to be cherished above all else. Including to do science. Tremendous to see this from Jenny Martinez, Dean of Stanford Law School https://t.co/XxZa1NCLu7 pic.twitter.com/M40PV2gdRd
— Keith Mansfield📚🚀✨ (@KeithMansfield) April 2, 2023
Still, Duncan has been fiercely critical of the students, saying they are unfit to practice law if they continue to hold racial anti-free speech views.
“Unless those students undergo a radical change in their whole approach to argument and disagreement, they are unfit to be members of any bar,’ Duncan said.
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