Bench Memos

Law & the Courts

Judge Duncan Recounts His Stanford Experience

Judge Kyle Duncan has published an op-ed in the Wall Street Journal that recounts his recent experience at Stanford law school. The op-ed will, I believe, appear in print in WSJ’s weekend paper. You should read the whole op-ed. (Go out and buy the issue if you’re not already a subscriber.) I’ll limit myself here to these nuggets:

When I arrived, the walls were festooned with posters denouncing me for crimes against women, gays, blacks and “trans people.” Plastered everywhere were photos of the students who had invited me and fliers declaring “You should be ASHAMED,” with the last word in large red capital letters and a horror-movie font. This didn’t seem “collegial.” Walking to the building where I would deliver my talk, I could hear loud chanting a good 50 yards away, reminiscent of a tent revival in its intensity. Some 100 students were massed outside the classroom as I entered, faces painted every color of the rainbow, waving signs and banners, jeering and stamping and howling. As I entered the classroom, one protester screamed: “We hope your daughters get raped!” …

When the Federalist Society president tried to introduce me, the heckling began. “The Federalist Society (You suck!) is pleased to welcome Judge Kyle Duncan (You’re not welcome here, we hate you!). . . . He was appointed by President Trump to the United States Court of Appeals for the Fifth Circuit (Embarrassing!).” And so on. As I began, the heckling continued. Try delivering a speech while being jeered at every third word. This was an utter farce, a staged public shaming. I stopped, pleaded with the students to stop the stream of insults (which only made them louder), and asked if administrators were present….

[A]fter the partial walkout, I dispensed with my prepared remarks and opened the floor. That went poorly, and the plainly hostile questions were the least of it. Students hurled abuse, including vile sexual innuendo; some filed past me spitting insults (“You’re scum!”). Two U.S. Marshals decided it was time to escort me out….

The most disturbing aspect of this shameful debacle is what it says about the state of legal education. Stanford is an elite law school. The protesters showed not the foggiest grasp of the basic concepts of legal discourse: That one must meet reason with reason, not power. That jeering contempt is the opposite of persuasion. That the law protects the speaker from the mob, not the mob from the speaker. Worst of all, Ms. Steinbach’s remarks made clear she is proud that Stanford students are being taught this is the way law should be.

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