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From an NYU law student:

“I share your opinion that students should be allowed to engage freely over the list-serv about their political and other opinions. I personally did not sign on to any statement made to the Dean.

I happen to think that the more pernicious dynamic here is, as I said, LSJP's refusal to condemn acts of terror against civilians and the immediate rush by other organizations to sign on to that. I thought there was a powerful statement to be made about the actual substance of their statement and what ‘progressivism’ has mutated into in the law school environment -- and the rhetorical choices made to shame anyone who disagrees with their narrative (even where the statement contains bald-faced lies). Those who spoke out against LSJP via email were not the same group of students who went ‘running to the administration to complain.’ It does a disservice to those who did choose to fight speech with more speech to characterize their responses as ‘complaining’ to the list-serve about anti-Semitism; those students can hardly be said to be throwing a tantrum over free speech. Your piece suggests the opposition to LSJP's statement was monolithic and whiny. Respectfully, it wasn't.”

A fair point. To be totally clear, I fully support students criticizing the LSJP statement on the list-serv, which is exactly the kind of counter-speech I endorse. My saying that these students “complained” on the list-serv should not be viewed as criticism (since, after all, many complaints are justified).

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Apr 14, 2022Liked by David Lat

Regardless of the merits, I think this demonstrates why having an ungated, all-school listhost is a bad idea. My law school did not have one, and I think it's not a coincidence that it rarely, if ever, had school-wide, apocalyptic controversies. When disagreements happened, they tended to be limited to their immediate participants.

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The pro-Palestinian students were praising the murder of civilians and lying about their position by retreating to a cloud of generalities.

The pro-Israel students were calling for suppression of speech advocating murder of civilians.

Both are wrong. Free speech includes speech advocating relaxed rules against murder-- in this case, advocacy of the moral right of the Palestinians to use terrorism against Jews in Israel.

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Apr 14, 2022Liked by David Lat

I might also suggest punishing the LSJP students for "anti-Semitic" statements might run afoul of free speech concerns, especially given the subsequent clarifications. Schools shouldn't disfavor one type of speech over another.

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Apr 14, 2022Liked by David Lat

More and more I'm starting to believe that general list-servs are bad ideas; see e.g. YLS, Judge Silberman, now this. Similar to sending an email to your entire corporation, unless it's a vanilla topic, just leads to so much headache.

I'm all for discussion and debate, but I don't know that list-servs are the best place for it.

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Apr 14, 2022Liked by David Lat

How does the law school’s admissions procedures and awarding scholarships based on a commitment to civil rights factor into their obligation to screen for certain harmful viewpoints?

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deletedApr 14, 2022Liked by David Lat
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