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The Libertarian

Free Speech In Law Schools: Why Many Students Deserve an “F” on The 1st Amendment

The Libertarian

The Civitas Institute at the University of Texas at Austin

History, News, Politics

4.7994 Ratings

🗓️ 18 March 2022

⏱️ 21 minutes

🧾️ Download transcript

Summary

When are protests a violation of free speech?

Transcript

Click on a timestamp to play from that location

0:15.7

This is the libertarian Podcast from the Hoover Institution. I'm your host Tom Church and the Libertarian is Professor Richard Epstein.

0:19.8

Richard's the Peter and Kirsten Bedford senior fellow here at the Hoover Institution.

0:24.0

He's the Lawrence A Tish Professor of Law at NYU and is a senior lecturer at the University of Chicago.

0:30.0

Richard, today I want to ask you about free speech and the future of the legal profession.

0:34.6

This is motivated by a recent curfuffle at Yale Law School, or about a week ago,

0:39.9

the Yale Federal Society hosted an event with participants from the American Humanist Association

0:46.3

and the Alliance defending Freedom, the ADF, two groups that usually don't see eye to eye,

0:51.1

but which collaborated on a Supreme Court case, a religious liberty and freedom

0:55.9

Supreme Court case, which they won 8 to 1. The Federal Society at Yale said, you know, this

1:02.1

event was to illustrate that a liberal

1:03.9

atheist and a conservative Christian could find common ground on free speech issues.

1:08.2

Now instead what happened was that about 120 Yale law students protested and disrupted the event because of the participation of the ADF, the Alliance defending freedom, a group whom they do not like.

1:20.0

This is on the heels, of course, of a similar protest you see Hastings law school a couple weeks ago of Ilios Shapiro and Richard what I want to know is how typical is this behavior at law schools now is this the norm it should we be expecting

1:34.3

this from now on I don't think it's the norm but I think that we can expect a

1:39.7

regular set of staccato-like interferences.

1:43.0

One has to put this into perspective.

1:45.0

The Federal Society is an extremely active society.

1:48.7

It has chapters at virtually every major law school

1:51.2

in the country, probably over 150 chapters.

1:54.4

Many of them are relatively energetic.

1:56.3

So what they do is they will put on perhaps as many

1:58.9

as one event every 10 days or one a week or one every other week. So you start adding it up and you try to figure out the ones that sort of go without a hitch, you're probably talking about a thousand plus events a year. And then what you do is you get a couple of outliers in which everything seems to get together in the wrong way.

...

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