{"id":10274,"date":"2022-10-20T21:30:14","date_gmt":"2022-10-20T21:30:14","guid":{"rendered":"https:\/\/www.injuryinsiders.com\/?p=10274"},"modified":"2022-10-20T21:30:14","modified_gmt":"2022-10-20T21:30:14","slug":"yale-law-school-invites-boycotting-judges-to-campus-totally-not-cowardly-desperation-at-all","status":"publish","type":"post","link":"https:\/\/www.injuryinsiders.com\/?p=10274","title":{"rendered":"Yale Law School Invites Boycotting Judges To Campus&#8230; Totally Not Cowardly Desperation At All!"},"content":{"rendered":"<p> [ad_1]<br \/>\n<\/p>\n<div id=\"single-post-content\">\n<div id=\"attachment_498327\" style=\"width: 310px\" class=\"wp-caption alignright\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-498327\" class=\"size-medium wp-image-498327\" src=\"https:\/\/abovethelaw.com\/uploads\/2018\/04\/Judge-James-Ho-Jim-Ho-300x205.png\" alt=\"Judge James Ho Jim Ho\" width=\"300\" height=\"205\"\/><\/p>\n<p id=\"caption-attachment-498327\" class=\"wp-caption-text\">(via YouTube)<\/p>\n<\/div>\n<p>It\u2019s not even a whole month since Judge James Ho of the Fifth Circuit announced a <del datetime=\"2022-10-20T19:34:24+00:00\">craven publicity stunt<\/del> bold <a href=\"https:\/\/abovethelaw.com\/2022\/09\/james-ho-cancel-cultures-yale-law-fedsoc-because-other-students-are-mean-to-yale-law-fedsoc-students\/\" target=\"_blank\" rel=\"noopener\">new boycott<\/a> to stop hiring conservative Yale Law School graduates as a protest over\u2026 the mistreatment of conservative Yale Law School graduates.<\/p>\n<p>*Cough*<\/p>\n<p>Now, <a href=\"https:\/\/davidlat.substack.com\/p\/is-yale-law-school-turning-over-a\" target=\"_blank\" rel=\"noopener\">our longtime colleague David Lat reports<\/a> that Yale Law School is inviting the leaders of the judicial boycott to come speak on campus: Judge Ho, Judge Lisa Branch, and\u2026 well <a href=\"https:\/\/abovethelaw.com\/2022\/10\/12-federal-judges-suggest-theyre-no-longer-hiring-yale-law-school-clerks-but-too-cowardly-to-go-on-the-record\/\" target=\"_blank\" rel=\"noopener\">those are the only ones willing to admit to this plan publicly<\/a>. There is a world where this amount to a real \u201cput up or shut up\u201d moment where the school lays down a gauntlet to these judges for bashing the school from afar.<\/p>\n<p>But that is not this world. Instead, this is the world where the administration comes across desperate and eager to compromise whatever principles it must to get back in the good graces of a couple of grandstanding judges.<\/p>\n<p>Alas, Yale is basically law school Arrakis and the clerkships must flow.<\/p>\n<p>How did we get here? Attempting to untangle a coherent strategy in Judge Ho\u2019s plan may be hazardous to one\u2019s health, but arguably the judge hopes to starve Yale Law of the future smart conservatives who already make up a tiny sliver of the school\u2019s population by cutting off the career prospects of any future Yale FedSoc faithful (current students are exempted from this boycott) who dare to accept the invitation of the nation\u2019s top law school.<\/p>\n<p>Because Yale must be punished for its \u201cfree speech\u201d problems \u2014 a collection of anecdotes hyped by cynical right-wing media outlets painting the school as intolerant for <a href=\"https:\/\/abovethelaw.com\/2021\/10\/yale-law-shows-commitment-to-diversity-with-boilerplate-apology-to-minorities\/\" target=\"_blank\" rel=\"noopener\">objecting to student clubs using derogatory racial stereotypes<\/a>, not doing more when <a href=\"https:\/\/abovethelaw.com\/2022\/03\/yale-law-school-free-speech\/\" target=\"_blank\" rel=\"noopener\">a protest appropriately adhered to school rules<\/a> after Yale invited a speaker from a recognized hate group, and \u2014 in a true horror of horrors \u2014 <a href=\"https:\/\/freebeacon.com\/campus\/unrelenting-daily-confrontation-after-roe-leak-yale-law-students-call-for-ostracizing-conservative-classmates-and-tossing-out-constitution\/\" target=\"_blank\" rel=\"noopener\">not inviting FedSoc students to parties<\/a>.<\/p>\n<p>Remember when Aleksandr Solzhenitsyn wrote \u201cThe Sometimes People Don\u2019t Let Me Go To Their Parties Archipelago\u201d? Me neither.<\/p>\n<p>If you\u2019re wondering how any of this amounts to a free speech crisis or anything other than a gross, bad taste insult to people struggling around the world to be heard over the boot of authoritarian governments, you\u2019re not alone. But <em>it is<\/em> a very convenient way to raise your profile as a judge hoping to get on the Supreme Court. Surely that has nothing to do with it!<\/p>\n<p>Again, on paper there\u2019s a way to spin this as the school embracing \u201cdebate.\u201d Make the judges show up and face fierce but ultimately rule-abiding protest and dare them to pretend this isn\u2019t the whole point of an open society.<\/p>\n<p>But that\u2019s not what\u2019s happening. Instead, this reads as the unfettered obsequiousness it is. The school will set up the judges with an opportunity to audition the student body to gauge it the boycott generated appropriate levels of servility. Presumably the school will make good on its efforts \u2014 <a href=\"https:\/\/law.yale.edu\/yls-today\/news\/message-our-alumni-free-speech-yale-law-school\" target=\"_blank\" rel=\"noopener\">outlined in the recent alumni message<\/a> \u2014 to squelch protest <em>above and beyond<\/em> the school\u2019s existing \u201ctime, place, manner\u201d rules.<\/p>\n<p>Because adherence to textualism only matters <a href=\"https:\/\/abovethelaw.com\/2022\/04\/yale-law-professor-suggests-punishing-students-for-following-the-rules\/\">up to the moment it lets the administration down<\/a>.<\/p>\n<p>These \u201ctime, place, manner\u201d rules are a major sticking point in the boycott fight. The event with the hate group representative sparked a protest that \u2014 per school rules \u2014 dutifully vacated the event and protested outside, allowing the event to continue through its scheduled completion. Sounds like mission accomplished for the rules, right?<\/p>\n<p>Well, that wasn\u2019t enough for Yale\u2019s right-wing critics who want the school to get tough in the name of free speech and\u2026 make sure only institutionally approved speakers get the right to talk. Maybe the school will rough up a few hippies in front of the judges to make them feel better about \u201cfree speech.\u201d<\/p>\n<p>Because protest isn\u2019t a free speech problem, it\u2019s the sign of a vibrant speech culture. The grifters recasting \u201cfreedom\u201d as the right of the powerful to speak uninterrupted <a href=\"https:\/\/abovethelaw.com\/2022\/10\/yale-law-school-responds-to-free-speech-complaints-by-cracking-down-on-free-speech\/\" target=\"_blank\" rel=\"noopener\">is a fascist grift<\/a>. It\u2019s why they aren\u2019t satisfied that long-standing rules that force protesters to move outside aren\u2019t enough for these people \u2014 they don\u2019t care that they are <em>allowed<\/em> to talk, they want an audience forced to listen\u2026 by administrative coercion if necessary. Just like they want the other Yale Law students to invite FedSoc students to parties <a href=\"https:\/\/abovethelaw.com\/2022\/05\/yale-law-students-maybe-dont-invite-fedsoc-to-parties-right-wing-doxx-em-and-snitch-to-employers\/\">upon pain of doxxing<\/a>.<\/p>\n<p>Yale Law School found itself unfairly in the crosshairs of a new authoritarian assault on free speech masquerading as its defense. That\u2019s unfortunate. But at every single turn the school responded to these disingenuous attacks by meekly begging forgiveness.<\/p>\n<p>Now the school is inviting the danger into its walls. And while that could be a good thing, there\u2019s every reason to think the administration is much more interested in staging a Potemkin village of compliance.<\/p>\n<p>When the institutions committed to training the defenders of constitutional order go down this road, things are really bad.<\/p>\n<p><a href=\"https:\/\/davidlat.substack.com\/p\/is-yale-law-school-turning-over-a\" target=\"_blank\" rel=\"noopener\">Is Yale Law School Turning Over A New Leaf?<\/a> [Original Jurisdiction]<\/p>\n<p><strong>Earlier<\/strong>: <a href=\"https:\/\/abovethelaw.com\/2022\/10\/yale-law-school-responds-to-free-speech-complaints-by-cracking-down-on-free-speech\/\" target=\"_blank\" rel=\"noopener\">Yale Law School Responds To \u2018Free Speech\u2019 Complaints By Cracking Down On Free Speech<\/a><br \/><a href=\"https:\/\/abovethelaw.com\/2022\/09\/james-ho-cancel-cultures-yale-law-fedsoc-because-other-students-are-mean-to-yale-law-fedsoc-students\/\" target=\"_blank\" rel=\"noopener\">James Ho Cancel Cultures Yale Law FedSoc Because Other Students Are Mean To Yale Law FedSoc Students<\/a><br \/><a href=\"https:\/\/abovethelaw.com\/2022\/05\/yale-law-students-maybe-dont-invite-fedsoc-to-parties-right-wing-doxx-em-and-snitch-to-employers\/\" target=\"_blank\" rel=\"noopener\">Yale Law Students: \u2018Maybe Don\u2019t Invite FedSoc To Parties.\u2019 Right Wing: \u2018Doxx \u2018Em And Snitch To Employers\u2019<\/a><br \/><a href=\"https:\/\/abovethelaw.com\/2022\/04\/yale-law-professor-suggests-punishing-students-for-following-the-rules\/\" target=\"_blank\" rel=\"noopener\">Yale Law Professor Suggests Punishing Students For Following The Rules<\/a><br \/><a href=\"https:\/\/abovethelaw.com\/2022\/03\/yale-law-school-free-speech\/\" target=\"_blank\" rel=\"noopener\">Yale Law School Free Speech Crisis Mostly Fake News<\/a><br \/><a href=\"https:\/\/abovethelaw.com\/2022\/03\/banning-law-school-protests-to-protect-free-speech-marks-new-orwellian-heights\/\" target=\"_blank\" rel=\"noopener\">Banning Law School Protests To Protect Free Speech Marks New Orwellian Heights<\/a><\/p>\n<\/div>\n<p>[ad_2]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>[ad_1] (via YouTube) It\u2019s not even a whole month since Judge James Ho of the Fifth Circuit announced a craven publicity stunt bold new boycott to stop hiring conservative Yale Law School graduates as a protest over\u2026 the mistreatment of conservative Yale Law School graduates. *Cough* Now, our longtime colleague David Lat reports that Yale [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":9490,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[],"class_list":["post-10274","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-premises-liability"],"_links":{"self":[{"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=\/wp\/v2\/posts\/10274","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10274"}],"version-history":[{"count":0,"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=\/wp\/v2\/posts\/10274\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=\/wp\/v2\/media\/9490"}],"wp:attachment":[{"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10274"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10274"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.injuryinsiders.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10274"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}