NEW: Yale Law administrators are doing damage control as faculty members slam the school's dishonesty—and as students continue to go after Colbert.

One YLS professor told the school: "Please correct the record—I would not want to have to do it for you." freebeacon.com/campus/convuls…
Today, YLS dean Heather Gerken promised an investigation into the controversy. YLS told the Free Beacon that this investigation would not result in any further action against Colbert. "As our statement last week made clear, this is protected speech," a YLS spokesperson said.
The law school's statement, released Oct. 13 in the wake of my Free Beacon story, denied that Colbert faced "any disciplinary investigation" or action over his email. That denial sparked fierce blowback from two YLS professors who lambasted the dishonesty of their own university.
One of those professors, corporate legal scholar Roberta Romano, threatened to "correct the record" if the law school didn't do so itself. The administration's actions toward Colbert, Romano wrote a university spokesperson, are "in direct and total conflict with what you stated."
Romano also noted that the school's diversity director had made "a sly threat" about the student's career.

"Please correct the record," she added. "I would not want to have to do it for you."
Another Yale Law professor, who asked to remain anonymous, said the initial statement was "appallingly disingenuous and full of falsehoods." The most egregious falsehood, the professor said, was YLS's claim that "no student is investigated or sanctioned for protected speech."
Here is that professor's full statement:
The outrage has bubbled over into other elite universities. Keith Whittington, a legal theorist at Princeton, said Yale Law's actions were "highly inappropriate and completely incompatible with maintaining a free speech culture in a law school."
"There is no question that such actions send a chilling message across the student body and convey clearly that the law school is a hostile environment for conservative students," Whittington told the Free Beacon.
Meanwhile, the complaints against Colbert have only intensified since we published our story. Between Oct. 17 and Oct. 18, several students sent law school-wide emails denouncing Colbert and the Federalist Society, which one student group characterized as "violent."
"The pooled legal knowledge of our membership cannot name every [Fedsoc] decision that has harmed our communities," Yale's Dred Scott Society wrote in a 2,555-word email on Oct. 18—"a testament to the extensiveness of this violence."

Read it here: scribd.com/document/53353…
Colbert's actions, the society continued, "are yet another example of the way Fedsoc members attempt to weaponize discourse against the very people trying to have conversations in community with him"—conversations that were only initiated after the student complaints were filed.
"Trent's narrative of being a victim of cancel culture based on his membership in Fedsoc attempts to both diminish the harm that he caused and erase the role that his own actions played in causing the harm in the first place," the Dred Scott society statement goes on.
The president of Black Law Students association, Marina Edwards, likewise rejected the idea that Colbert had been "cancelled."

"Black students did not attempt to cancel Trent," she wrote in an Oct. 17 email to the law school, which you can read here: scribd.com/document/53353…
"Calling out someone who behaves irresponsibly toward historically marginalized communities...is not an act of oppression; it is an act of love and compassion for those whose lives are daily ripped apart and trampled upon by systems (and people) of oppression."
If students are not attempting to cancel Colbert, they are attempting to remove him from his position as a student representative. The law school's student government said in an Oct. 16 email that it drafted an entirely new set of procedures for removing student representatives.
Those procedures were drafted in direct response to "concerns surrounding Trent Colbert's conduct."

It remains unclear whether the student government will actually use those procedures against Colbert.
Another student group, the First Generation Professionals at Yale Law School, sent an email on Oct. 18 to "affirm" Edwards's message and "condemn the racist email sent by Trent Colbert."
The group said it "recognized[d]" the "harmful impacts" of "hostile media coverage" on black students and thanked Eldik for attempting to "educate Trent and repair harm within the [Yale Law School] community." Read it all here: scribd.com/document/53353…
The emails from Edwards and the Dred Scott Society also invoked the concept of "dialogue" pioneered by Paulo Freire, a Brazilian Marxist who praised Mao Zedong's Cultural Revolution as "the most genial solution" to "oppressive" pedagogy.
"Critical dialogue is about holding space for positive growth and change," Edwards wrote, citing "Freirian praxis."

But, the Dred Scott Society clarified, "to engage in dialogue, we must all hold all of the cards."

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More from @aaronsibarium

17 Oct
Among the many damning details in this @DavidLat interview with Trent Colbert: other members of the Native American group chat had liked his messages using "trap house." If the term had racial connotations, Yale's Native students weren't aware of them.

davidlat.substack.com/p/the-yale-law…
@DavidLat "I had been calling our house the 'NALSA trap house' for months before this incident. I had been calling it that in messages with other NALSA board members for months, and nobody had said anything to me about it."
@DavidLat A friend of Colbert's, also interviewed by Lat, alludes to an important point: the internet has sped up the pace of memetic evolution to such a degree that a 3-4 year age difference can completely change how one uses and perceives certain slang.
Read 5 tweets
15 Oct
Some people have claimed that my article left out crucial details that exonerate the Yale Law administrators. This excellent follow-up from FIRE shows that, on the contrary, the added details is even more damning. Let's walk through some of them: 🧵

thefire.org/how-yale-law-s…
The administrators "repeatedly reference[d] their administrative roles — the need to produce a final 'report' to the university’s administration, the possibility of a 'formal recommendation' for bias training"—and "at no time" assured the student his speech was protected.
"Even if Colbert was being deliberately provocative"—and there is no reason to think that he was—"his speech is still protected by Yale’s explicit promises of free expression. But those policies were no obstacle to Yale administrators."
Read 21 tweets
13 Oct
Administrators at Yale Law School spent weeks pressuring a student to apologize for a "triggering" email he sent out. Part of what made the email "triggering," the administrators told the student, was his membership in a conservative organization. 🧵freebeacon.com/campus/a-yale-…
The second-year law student, a member of both the Native American Law Students Association and the conservative Federalist Society, had invited classmates to an event cohosted by the two groups. Here is what the student wrote in an email to the Native American listserv:
The student is part Cherokee, the Indian tribe that was forcibly displaced during the infamous Trail of Tears.

Within minutes, the email elicited furious accusations of racism from his classmates, several of whom alleged that the term "trap house" indicated a blackface party.
Read 31 tweets
12 Oct
SCOOP: Students at one of the oldest and most prestigious boys schools in the United States could soon face expulsion for a single "misplaced" joke, according to a draft "anti-bias" policy obtained by the Washington Free Beacon.

freebeacon.com/campus/leaked-…
Long seen as a conservative holdout among private schools,
St. Albans is considering a crackdown on "harmful" speech that prioritizes the impact of the speech rather than the intent of the speaker.
"It is the impact of hate speech, rather than the intent of those perpetrating it, that is of utmost importance," the draft policy states. As such, boys could be expelled "even in the case of a single expression, act, or gesture"—including "misplaced humor.”
Read 17 tweets
22 Sep
James Zimmermann was the principal clarinetist of the Nashville Symphony Orchestra for more than a decade—until he was fired last February over allegations of racial harassment.

What happened to him, and to the orchestra, would soon happen everywhere. 🧵

freebeacon.com/culture/how-ra…
To hear his accusers tell it, Zimmermann had insulted, intimidated, and even stalked his black colleagues, going so far as to menacingly drive by their homes. But six of Zimmermann’s ex-colleagues and the orchestra’s own documents tell a very different story.
They suggest that Zimmermann himself was the target of a witch hunt, instigated by a black oboist whom Zimmermann had stuck his neck out to help.

They also suggest that the orchestra lied about Zimmermann's disciplinary record in order to justify firing him.
Read 47 tweets
16 Sep
Some scientists are now arguing we don't need boosters because the vaccine remains effective against severe disease. But those same scientists have spent months warning that Delta necessitates a return to masks and social distancing—even for the vaccinated.freebeacon.com/coronavirus/cr…
The scientists from the WHO and FDA who weighed in against boosters this week have consistently opposed lifting public health restrictions in the face of new variants. But that guidance that seems to contradict their argument about the mildness of breakthrough cases.
The vaccinated "need to continue to wear masks," the World Health Organization's chief scientist, Soumya Swaminathan, tweeted in August, adding that the Delta variant "demands that."
Read 13 tweets

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