Free speech on American college campuses has been in a free fall for years. From high schools through law schools, free speech has gone from being considered a right that defines our society to being dismissed as a threat. According to polling, the result is arguably one of the most anti-free-speech generation in our history. The danger is more acute because it has reached law schools where future judges and lawyers may replicate the same intolerance in our legal system.
A recent controversy at Duke Law School highlights this danger. “Law & Contemporary Problems” is a faculty-run journal that recently decided to do a balanced symposium on “Sex and the Law” — including transgender issues — and asked Professor Kathleen Stock of the University of Sussex (who has criticized transgender positions) to participate.
Protests erupted over allowing such intellectual diversity.
While calling for professors like Stock to be barred from the publication for “marginalizing” others, ATL editors and other writers often stigmatize and denounce whole groups as requiring containment and condemnation. Elie Mystal, who writes for ATL and is The Nation’s justice correspondent, for example, lashed out at “white society” and how he strives to maintain a “whiteness-free” life. On MSNBC, Mystal declared, without any contradiction from the host, that “You don’t communicate to [Trump supporters], you beat them. You do not negotiate with these people, you destroy them.”
In such campaigns, there is little time or patience with trivialities like free speech.
Last year, the acting Northwestern law school dean declared publicly: “I am James Speta and I am a racist.” He was followed by Emily Mullin, executive director of major gifts, who announced: “I am a racist and a gatekeeper of white supremacy. I will work to be better.” Such public declarations can fuel demands for more mandatory demonstrations by others or intolerance for those who dissent. At Rutgers this year, the student government ordered all groups to hold critical race theory and diversity programs as a condition for receiving funds. At the University of North Carolina, student Sagar Sharma, who is a student of color, faced a recall election as the first-year class co-president for simply stating that he did not consider an argument between two fellow students to be racist.
Faculty and editors are now actively supporting modern versions of book-burning with blacklists and bans for those with opposing political views. Columbia Journalism School Dean Steve Coll has denounced the “weaponization” of free speech, which appears to be the use of free speech by those on the right. So the dean of one of the premier journalism schools now supports censorship.
Free speech advocates are facing a generational shift that is now being reflected in our law schools, where free speech principles were once a touchstone of the rule of law. As millions of students are taught that free speech is a threat and that “China is right” about censorship, these figures are shaping a new society in their own intolerant images.