Stanford Law Rediscovers Free Speech


By the Editorial Board

Wall Street Journal Opinion

March 23, 2023 6:42 pm ET


The dean instructs student hecklers on the First Amendment.


Stanford Law School disgraced itself two weeks ago when its diversity administrator let students heckle and shout down federal Judge Kyle Duncan. The school is now trying to salvage its reputation, and it’s making some progress.


In a letter to the university community on Wednesday, Stanford Law Dean Jenny Martinez issued a defense of free speech on campus and laid out the school’s expectations for civil discourse and legal professionalism.


“Our commitment to diversity and inclusion means we must protect the expression of all views,” Dean Martinez writes. “The First Amendment bars regulation of speech on the grounds that listeners might find its content disturbing.” You’d think this would be self-evident to students of Stanford caliber, but the support for the Bill of Rights isn’t what it used to be on progressive campuses.


Ms. Martinez offered students a Constitution 101 tutorial. While protests are protected by the First Amendment, she writes, “the First Amendment does not give protestors a ‘heckler’s veto.’” She cites state and federal jurisprudence on First Amendment law and counsels students that “learning to channel the passion of one’s principles into reasoned, persuasive argument is an essential part of learning to be an effective advocate.”


Part of Stanford’s disgrace is that an associate dean for diversity, equity and inclusion, Tirien Steinbach, joined the protesters in denouncing Judge Duncan and questioning whether he should be allowed to speak. Ms. Steinbach, whom Ms. Martinez says is “on leave” from the school, explains herself nearby.


In her letter, Ms. Martinez says administrators should “avoid exercising their authority in ways that can chill speech.” She adds that the university’s “inclusive” policy covers groups like the Federalist Society that some students might not like. Those who want Stanford to restrict the group or its speakers “are demanding action inconsistent not only with freedom of speech but with rights to freedom of association that civil rights lawyers fought hard in the twentieth century to secure.”


No students who harassed Judge Duncan will be punished, but Ms. Martinez says students will be required to attend a half-day session in the spring to discuss “freedom of speech and the norms of the legal profession.” That should be fun.



It’s also a shame that in her letter Ms. Martinez felt she had to defend her earlier apology to Judge Duncan. In a better world, the students would be expected to apologize to the judge. But at least Stanford Law is trying to teach its charges, and uphold as a standard, some rudiments of the American Constitution.


Stanford Law Rediscovers Free Speech - WSJ



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The Daily Signal By Hannah Fay October 07, 2025 "On Sept. 5, we filed a civil rights complaint with the Department of Education and the Department of Justice against our alma mater, Davidson College. We did not make this decision out of anger towards Davidson but from our hope that Davidson can become an institution of free expression that encourages students to pursue truth. We had chosen Davidson as student athletes and recall being high school seniors, eager to attend a college where we could simultaneously pursue a high level of athletics and academics and be challenged to become better competitors, students and, most importantly, people. We believed that Davidson would be the perfect place for our personal growth, where we would be encouraged to encounter new ideas while contributing our own. Little did we know that Davidson does not welcome students with our convictions . During our senior year, we decided to restart the Davidson chapter of Young Americans for Freedom, a national conservative student organization, which had been disbanded. With this decision, we knew that we would receive backlash from peers. Before the school semester even started, we received hateful online comments such as “Who let y’all out of the basement?” We saw how other universities treated conservatives and had even experienced hostility firsthand at Davidson, being called “homophobic” or “uninclusive” for our involvement in Fellowship of Christian Athletes, whose statement of faith declares that marriage is between a man and a woman. We realized that, although we were friends with progressive individuals for the past few years, fully aware and accepting of their political beliefs, they would likely distance themselves from us once they learned of ours. While we were prepared for this reaction from our peers, we did not expect to receive such opposition from Davidson administrators. We naively believed that despite the college’s leftist indoctrination efforts (requiring cultural diversity courses, mandating student athletics to watch a documentary arguing that all white people were inherently racist, having a DEI office, designating secluded spaces for LGBTQ+ students, etc.), they would still surely encourage free speech. After all, a liberal arts institution should cultivate a space where students can freely inquire, peacefully debate, and form decisions for themselves. Before the semester even began, we faced resistance from the administration as we could not get approval to restart the club from the Director of Student Activities Emily Eisenstadt for three weeks after a follow-up email and a faculty advisor request. Other conservative organizations also faced irresponsiveness from the Director of Student Activities. However, when leftist groups wanted to bring Gavin Newsom to campus, they had no problem getting a swift response. Despite continued administrative opposition, we hosted speakers, including pro-life activist Abby Johnson and President Ronald Reagan’s economic advisor Arthur Laffer; organized events such as the 9/11 “Never Forget”; and attempted to engage in civil conversations about abortion. Our efforts even led to us being awarded “Chapter Rookie of the Year” by Young America’s Foundation. Our most notable event, and the reason for our complaint, was our “Stand with Israel” project, in which we placed 1,195 Israeli flags into the ground to memorialize the innocent victims of the Oct. 7 Massacre by Hamas. We also laid out pamphlets on tables in the library and student union titled, “The Five Myths About Israel Perpetrated by the Pro-Hamas Left,” provided to us by Young America’s Foundation. This event led to two significant outcomes. First, our flags were stolen overnight. When we brought this to the attention of Davidson administrators and the Honor Council, they dismissed the case and chose not to investigate, despite their so-called commitment to the Honor Code. Second, on Feb. 26, 2025, over four months after the event, we received an email from Director of Rights and Responsibilities Mak Thompkins informing us that we faced charges of “violating” the Code of Responsibility. We had allegedly made students feel “threatened and unsafe” due to our distribution of pamphlets that allegedly promoted “Islamophobia.” This was ironic to us, given that we did not even know who our accusers were, let alone not ever having interacted with them. What’s more, we knew of Jewish students who genuinely felt targeted because of the rampant antisemitism on our campus. 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