NEW: The YLS administrator at the center of Traphouse-gate pushed the Yale Law Journal to host a diversity trainer who said anti-Semitism is merely a form of anti-blackness and suggested the FBI artificially inflates the number of anti-Semitic hate crimes. bit.ly/3pZ5oXZ
The comments from diversity trainer Ericka Hart—a self-described "kinky" sex-ed teacher who works with children as young as nine—shocked members of the predominantly liberal law review, many of whom characterized the presentation as anti-Semitic.
"I consider myself very liberal," a student said. But Hart's presentation, delivered Sept. 17 to members of the law review, was "almost like a conservative parody of what antiracism trainings are like." Hart had been recommended to the Journal by YLS DEI director Yaseen Eldik.
The controversy began when a law journal editor asked Hart why her presentation had addressed inequities like "pretty privilege" and "fatphobia" but not anti-Semitism, according to a memo that collected feedback on the training from 33 law journal editors. scribd.com/document/53649…
Hart responded that she'd already covered anti-Semitism by discussing anti-blackness, because some Jews are black. She also raised questions about FBI data showing that Jews are the most frequent targets of hate crimes.
The implication, in the words of one journal editor, was that the people compiling those statistics had an "agenda."
"She basically said anti-Semitism is a subset of anti-blackness," the editor said. "She didn't recognize there could be anti-Semitism against white people."
Reactions to the training were almost uniformly negative, with 82 percent of editors saying they would not invite Hart back even if she incorporated their feedback.
Over a 3rd expressed distress at her treatment of anti-Semitism—"shocking," "offensive," and "upsetting" is how 3 separate editors described it—while several more mocked her account of "white supremacy culture," which one editor called "goalpost-moving, unfalsifiable nonsense."
On a scale of 1-10, the most common score for the training was a "1."
The training was held the same day that Yaseen Eldik, the law school's diversity director, told second-year law student Trent Colbert that his refusal to apologize for a party invite could cause him trouble on the bar exam.
The journal had solicited suggestions for a diversity trainer months earlier, according to the memo, and Eldik recommended Hart as an "impactful and informative" choice.
The memo noted that Hart had already "led workshops for YLS Class of 2024's 1L Orientation, the Afro-American Cultural Center at Yale, the Yale Good Life Center, and the Yale School of Nursing."
When the Free Beacon asked Eldik for comment, Debra Kroszner, the law school's managing director of public affairs, replied instead, saying the law school hadn't "received any complaints about anti-Semitic comments, nor were these anonymous concerns shared with us."
Any complaints would have been lodged with Eldik, who serves as a "discrimination and harassment coordinator" for the law school.
In an email disseminating the memo to all journal editors, the board of the law review said it "condemns anti-Semitism and all forms of implicit and explicit prejudice."
So to be clear, the Yale Law Journal condemned anti-Semitism, but Yale Law School itself did not.
Hart isn't the only DEI professional with a blind spot around anti-Semitism. In 2007, Google's head of diversity strategy said Jews have an "insatiable appetite for war" and an "insensitivity to the suffering of others," per my colleague @alanagoodman: freebeacon.com/latest-news/go…
More recently, two mental health counselors at Stanford filed a civil rights complaint against their department's diversity committee, saying it had "endorsed the narrative that Jews are connected to white supremacy" and "advanc[ed] anti-Semitic tropes concerning Jewish power."
The memo—which was written by the journal's "Diversity & Membership Editor"—suggests that such tropes have made their way to the top law review in the country.
So have many of the other tropes associated with pop "antiracism." In her September presentation, Hart listed "perfectionism," "objectivity," "a sense of urgency," and "the written word" as examples of "white supremacy culture."
Dismantling that culture, she said, required abolishing prisons, opposing capitalism, and imprisoning former president Donald Trump.
At least five different editors slammed the suggestion that things like "punctuality" and "objectivity" constitute white supremacy, with one going so far as to accuse Hart of racism.
"How is it not infantilizing for her to stand up there and say such traits are inherently white," the editor asked. "This sort of neoracism is not something we should be promulgating at the journal."
The reactions highlight the gap between student activism and student opinion at the Ivy League law school, which has seen several race-related controversies over the course of the year.
In February, for example, a raft of racial affinity groups alleged the Yale Law Journal was systematically excluding minority students from its masthead, despite admissions data showing otherwise. freebeacon.com/campus/yale-la…
Many of those same affinity groups subsequently denounced Colbert for his "racist" use of the term "trap house," which elicited nine "discrimination and harassment" complaints in 12 hours. freebeacon.com/campus/a-yale-…
In his meeting with Colbert, Eldik uncritically parroted the activists' complaints, including one from the president of the Black Law Students Association Marina Edwards, who accused Colbert of planning a blackface party.
Edwards's group sponsored Hart's "Anti-Racism Education Workshop" for 1L students in August, the memo noted. Among the editors' many complaints about the journal training, one was that it was "literally the exact same training" Hart "gave last spring to the whole law school."
The survey results suggest that the vast majority of students oppose such sessions behind closed doors. What drives the programming is a small faction of activists and administrators who wield outsized power on campus, enforcing an ideology their peers privately regard as toxic.
The Yale Law Journal should "not accept at face value the recommendations of YLS's fringe advocacy groups," one editor said. "A good rule of thumb for whether to invite a speak[er]: If that presentation were leaked, how would it reflect on the journal and its reputation?"
Hart's training was adapted from a two-part "Racial and Social Justice" webinar priced at $72 per person and reviewed by the Free Beacon. Hart begins the webinar by stating that anyone who disagrees with her has likely "been conditioned" to "dismiss" black people.
After listing her various privileges—including "cisgender passing," "pretty privilege," and "small fat privilege/thicc"—she declares that she is a "Poly adjacent" "survivor of white neighborhoods," and is "always aware of white supremacy" when she walks around New York City.
Hart and her partner, Ebony Donnley, go on to assert that slavery is intrinsic to capitalism; that there is a "genocide against black people"; that biology is a "racist pseudoscience created by white people to further their dominance"...
...that politeness and "perfectionism" are white supremacy; and that gender is a "tool of colonization" responsible for "multiple murders of black trans women."
Hart also criticizes Robin DiAngelo and other white DEI professionals for "monetizing" black oppression, attributing their success to the fact that "black people are seldom believed."
For some students, the most offensive thing about Hart's training was its anti-intellectualism.
"We are supposed to be the smartest law students in the world," an editor wrote. "Yet for two hours, we were forced to sit quietly and unquestioningly take on faith asinine arguments devoid of any evidence."
Another student called Hart's conflation of objectivity with white supremacy "really stupid and unreconcilable with YLJ's mission," adding that her training "was a complete waste of time."
Still, a few critics did find things to appreciate: Asked, "What did you enjoy about this training," four students pointed to the Grubhub voucher they'd received for attending.
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BREAKING: Yale Law School's Office of Student Affairs has removed all administrator profiles from its website "to protect staff members" in the wake of widespread outrage about the school's treatment of Trent Colbert. freebeacon.com/campus/damage-…
Two of those administrators, Yale Law diversity director Yaseen Eldik and Associate Dean Ellen Cosgrove, suggested that Colbert could have trouble with the bar if he didn't apologize for his invitation.
That wasn't an empty threat: According to a now-deleted version of the student affairs website, Cosgrove's remit involves the bar exam's "character and fitness" investigations, which review aspiring lawyers' disciplinary records in considerable detail.
What do Martha Nussbaum, JD Vance, Nicholas Christakis, and Tom Cotton have in common? They're all outraged by Yale Law School's recent conduct—with Cotton going so far as to threaten Yale's federal funding.
Cotton told the Free Beacon that if Yale Law wants to "keep getting federal funds," it "should focus on teaching the law and protect the free speech of [its] students."
But it is the threat of losing federal funds that motivates censorship in the first place.
Though private schools like Yale are not bound by the 1A, they are bound by civil rights laws that forbid discrimination and harassment. That means they have an incentive to flout their own speech protections whenever a student registers offense, no matter how trivial it seems.
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.
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 "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.
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: 🧵
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."
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.