The Volokh Conspiracy

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Free Speech

David Lat on the Stanford Law School Disruption of Speech by Fifth Circuit Judge Kyle Duncan


David Lat's Original Jurisdiction newsletter has, as usual, excellent and detailed coverage. I started quoting but then realized that I couldn't excerpt it and still do the matter justice; and quoting the whole thing would be unfair to Lat as an author. I therefore very much encourage you to read the whole thing there; here are the opening paragraphs:

As I first learned via this detailed Twitter thread and subsequent Bench Memos post by Ed Whelan, yesterday Judge Kyle Duncan of the Fifth Circuit was the subject of a highly disruptive protest when he spoke at Stanford Law School. I have received extensive information about the event from multiple sources at or affiliated with SLS, as well as Judge Duncan himself, whom I interviewed by phone, and I'll share it with you now. I also reached out to Stanford Law, but have not yet heard back; I will update this story (or write a new one) if and when I do.

On Thursday, March 9, Judge Kyle Duncan (5th Cir.) was invited to speak at Stanford Law by the Stanford Federalist Society. The title of his talk, scheduled to run from 12:45 to 2:00 p.m., was The Fifth Circuit in Conversation with the Supreme Court: Covid, Guns, and Twitter. Whether or not you agree with the rulings of the very conservative Fifth Circuit—and, for the record, I disagree with many of them—the opportunity to hear from a sitting federal appellate judge about his court's jurisprudence is why students go to places like SLS….

The Foundation for Individual Rights and Expression also had a letter to Stanford about this, and posted the Stanford administrator's remarks at the event (a separate document from the e-mail the administrator had distributed before the event).