Education

Ethics Quote Of The Month: D.C. Circuit Court of Appeals Senior Judge Laurence Silberman

/ Jack Marshall / 4 Comments

“The latest events at Yale Law School in which students attempted to shout down speakers participating in a panel discussion on free speech prompts me to suggest that students who are identified as those willing to disrupt any such panel discussion should be noted. All federal judges—and all federal judges are presumably committed to free speech—should carefully consider whether any student so identified should be disqualified for potential clerkships.”

—Judge Silberman in a letter to his fellow judges, in reference to the disruption of a March 10 panel at Yale Law School that was intended as a debate over civil liberties  hosted by the Yale Federalist Society. About a hundred students attempted to prevent the panel and Federalist Society members in attendance from speaking.

Well, you know: Yale. Equally disturbing, perhaps, was that Ellen Cosgrove, the law school’s associate dean, attended the panel, was present the entire time, and did nothing to restrain the protesters nor remind them of their ethical duties.

The school has a policy that specifically condemns such speech-chilling conduct, but more than 10 days after the event, no consequences appear to be forthcoming for the privileged and arrogant thugs who are going to be entrusted with the task of protecting future attacks on Constitutional liberties.

In an editorial endorsing the judge’s suggestion, the Wall Street Journal wrote in part,

Some readers may think these students should be forgiven the excesses of youth. But these are adults, not college sophomores. They are law students who will soon be responsible for protecting the rule of law. The right to free speech is a bedrock principle of the U.S. Constitution. If these students are so blinkered by ideology that they can’t tolerate a debate over civil liberties on campus, the future of the American legal system is in jeopardy.

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Ethics Dunce: Friends University (Kansas), Or “Why Do Colleges Find That Free Speech Thingy So Complicated?”

/ Jack Marshall / 6 Comments

Cutting to the metaphorical chase: Friends University in Wichita, Kansas, refused to allow a student recital honors project titled “The Shows They Don’t Want Us to Produce: A Study of Censorship Throughout the History of Musical Theatre,” to take place on campus. Yes, Caitlyn Fox’s show about censorship was censored.

Brilliant.

Some of the songs Fox would sing in her recital were “Aquarius” from “Hair,” “Maybe This Time” from “Cabaret,” “Gethsemane” from “Jesus Christ Superstar,” “Schadenfreude” from “Avenue Q” and “My Unfortunate Erection” from “The 25th Annual Putnam County Spelling Bee,” among others. The program had been approved, Fox had been assured that all was well, and then the university’s vice president of academic affairs and dean of the faculty sent Fox an email that kicked the recital off campus. He wrote in part:

“I’m writing to let you know that in the past few hours we have received significant complaints from staff members and donors regarding [your] Recital/Honors Project. People who have worked at and/or supported the university for a long time are considering withdrawing their support if we move forward with having the recital at Friends.”

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Integrity Test: Judge Ketanji Brown Jackson Will Be Conflicted Out Of The Harvard Affirmative Action Case If She’s Confirmed. Which Progressives Will Have The Ethics To Say So? [Corrected]

/ Jack Marshall / 24 Comments

And will she?

Stipulated: Judge Jackson is a fully qualified choice to succeed Justice Breyer on the U.S. Supreme Court. Also stipulated: she should be and will be confirmed and by a large majority, unless Republicans are as petty and foolish as I think they are.

However, the soon to be Justice Jackson has an unwaivable conflict of interest in the contentious Harvard admissions case, which I would term a “scandal.” Harvard unambiguously discriminates against Asian-American applicants to inflate the numbers of lesser qualified black and Hispanic students admitted to the college. In the era of The Great Stupid, when racial discrimination is treated as “antiracism,” this SCOTUS case is a high profile and significant one, and Future Justice Jackson has a dog in the hunt, as they say. Jackson serves on Harvard’s board of overseers, one of the University’s two governing boards. The board plays “an integral role in the governance of the university.” End of controversy. She’s integrally involved with a party in the case. It is a classic conflict, and cause for recusal. Continue reading →

Ethics Quote Of The Week: Criminal Defense Attorney Scott Greenfield

/ Jack Marshall / 2 Comments

“A perpetual concern, particularly in criminal defense, is that the next generation of lawyers will lack the skills needed to do their job, to zealously represent their clients. They struggle to tolerate the language we encounter in the ordinary course of our work. They are blinded by hatred of their prosecutorial adversaries, the law enforcement witnesses, the judge who denies their pleas for “justice.” Can they mount effective arguments against their clients if they can’t tolerate hearing arguments with which they disagree?”

—Criminal defense lawyer Scott Greenfield, on his blog “Simple Justice,” reacting to the law students at UC Hastings shouting down Georgetown Law professor Illya Shapiro, who was supposed to be engaging in a civil debate with a Hastings professor.

Ethics Alarms discussed the Hastings incident here [#4]; I should have probably made a solo post of it, because as Greenfield correctly points out, it has wider implications. Later he writes,

The reaction to these students was split, with many woke law students and baby lawyers applauding their action while more experienced lawyers were appalled at what they viewed as a failure of a law school, of law students, to demonstrate the minimal capacity to engage in the manner that will be expected of them as lawyers. If tactics like this are what law students deem acceptable, will they ever be capable of being lawyers?

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At Columbia, Free Speech Chilling Takes A Great Leap Forward

/ Jack Marshall / 12 Comments

The assault on free expression as well as the speech-chilling practice of seeking to publicly crush those who do not observe the social justice dictates of progressives in power advanced ominously yesterday. Unsurprisingly, the episode at issue occurred at an Ivy League University, as our educational sectors have been among the trailblazers in speech and idea suppression. Unsurprising to me at least was that it involved Twitter. Just like in the Illya Shapiro controversy at Georgetown Law Center, a scholar didn’t use quite the words he should have (to be safe, and safety is everything these days) according to the Democrats’ Little Red Book. This time, however, the hammer fell harder. Continue reading →

Good Start, Binghamton U….Now Fire Her.

/ Jack Marshall / 16 Comments

Binghamton University (NY) Professor Ana Maria Candela’s Introduction to Sociology syllabus originally stated that white students had to wait for “non-white folks” to talk before speaking up or asking questions, according to the syllabus.

In another charming section, Candela’s syllabus also included a quote from Chinese dictator Mao Zedong: “No investigation, no right to speak,” which she interprets benignly to mean, “Don’t speak until you know something.” I question the wisdom of quoting a Communist despot extolling “investigation,” but OK. Candela’s rules on class participation, however, embraced “progressive stacking,” which conditions “students’ participation and speaking based on their race and gender.” Continue reading →

President’s Day On Ethics Alarms: The Nation’s Incompetent, Disrespectful, Unethical Treatment Of George Washington’s Birthday [Corrected]

/ Jack Marshall / 6 Comments

How many Americans of our rich national past have a birthday celebrated as a national holiday? One: Martin Luther King. That surely makes the anti-white racists and the “the most important aspect of the United States is its racial divisions” gang—you know, Democrats—happy, but it is also misleading and ridiculous. The most important single figure, black, brown, white or whatever it is currently acceptable to call Asians and Native Americans (I haven’t checked this morning), is George Washington. He was, as George Will likes to say, “the indispensable man”—no George, no U.S. His birthday absolutely should be a national holiday.

Yet it isn’t, due to a confluence of factors. You can’t call today “George Washington’s Birthday,” because the date is February 21, and George was born on the 22nd. In the just-launched 4th season of Amazon’s clever and brilliantly cast comedy series “The Marvelous Mrs. Maisel,” the heroine, on the road, learns that her parents are having a birthday party for her young son. “The real date wasn’t good for me,” her very weird father (Tony Shaloub) explains. “He’s five! He won’t notice.” “What kind of people change a kid’s birthday?” she protests.

Americans. And worse, we did it to the man to whom we owe the greatest debt of all.

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An Indiana School Allowed Parents To Let Parents Opt Their Kids Out Of Black History Month Lessons? GOOD!

/ Jack Marshall / 22 Comments

Two Washington Post Ethics Dunce-worthy episodes, back to back!

The Post published this headline as if it was an obvious, res ipsa loquitur, outrage:

An Indiana school planned Black History Month lessons. A letter sent to parents allowed them to opt out.

“Those crazy, racist conservatives again!” was the unstated assumption of the Post’s article. After the consent form…

….was circulated on social media, such an uproar was raised by fans of anti-America indoctrination in the public schools that the school district Superintendent Emily Tracy felt that she had to send a letter to families and staff members, acknowledging the opt-out form and promising that the school district is “gathering more information on the matter” but “In the meantime, know that we support teaching about the facts in our history including historical injustices. Our District is and will continue to be committed to having compassion for all and supporting an education community that will allow all students, staff, families and community members the opportunity to feel welcome.” Continue reading →

Ethics Hero (“Socking It To Georgetown University” Div.) #1: Student Jessica Costescu

/ Jack Marshall / 4 Comments

No weenie she.

Costescu is a junior at Georgetown University’s School of Foreign Service and the president of the Network of Enlightened Women chapter on campus. Her parents fled communism in Romania. She has been shocked and disturbed by the growing hostility to free speech, and indeed to freedom itself, that she has encountered at what is supposed to be an elite and distinguished institution of high learning in our nation’s capital.

As a vocal conservative, she has been threatened “so much so that [she] now fear[s] to speak freely and voice [her] conservative beliefs.” She reports that she has been cyber-bullied by other students “in such a menacing way” that she is “afraid to engage online, or even during class” with her “left-leaning peers.”

However, instead of hiding, or, as is the response sought by such tactics, conforming, Jessica wrote about her experiences on the conservative website College Fix, not anonymously but under her own name, not pathetically but in defiance. She writes in part, Continue reading →

So…Would Georgetown Law Dean Treanor Have Suspended Philosopher Stephen Kershnar?

/ Jack Marshall / 5 Comments

We’re still waiting to see if Georgetown University Law Center, my disgraceful alma mater, will fire scholar Ilya Shapiro for expressing doubts that limiting the pool of Supreme Court nominees using factors that have absolutely nothing to do with judicial competence, experience or acumen is the best way to get the optimum Court. The statements condemning Shapiro by GULC’s Dean have been indefensible, consisting of woke virtue-signaling and speech-chilling posturing. It worked: none of the law school’s faculty have had the courage or integrity to oppose him, essentially abandoning their support for academic freedom.

This caused me to wonder in the Law Center would be similarly hostile to philosopher Stephen Kershnar of the State University of New York at Fredonia if he were instead a GULC faculty member. Kershnar, you might have read, gave a recent interview about “sexual taboos” on the philosophy podcast Brain in a Vat.The politically conservative Libs of TikTok posted a video about it and social media went metaphorically berserk. Kershnar expressed doubt that adults having sex with minors is necessarily wrong, and raised some hypotheticals and examples to make his point. Grandmothers in some cultures fellate baby boys to soothe colic, for example. Kershner also opined that the harm to children and teens who engage in sex with adults has not been established, and he made a terrible Rationalization #22 (“It’s not the worst thing”) argument that children participate in a number of activities besides sex that they don’t fully “understand” and which aren’t generally considered to be harmful. He also posed thought experiments, like…

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