Duncan’s remarks come after nearly a hundred students disrupted his remarks in brazen violation of Stanford’s free speech policies—and after the law school’s associate dean of DEI, Tirien Steinbach, stepped in during the event to chastise Duncan for causing "harm."
In a fiery interview with yours truly, Duncan called on the school to discipline the students who disrupted his talk and to fire Steinbach, who he says subjected him to a "bizarre therapy session from hell."
One source of the students’ ire was Duncan’s refusal, in a 2020 opinion, to use a transgender sex offender’s preferred pronouns. The event, which was sponsored by the Federalist Society, got so out of hand that federal marshals eventually escorted Duncan from the building.
Tirien Steinbach, the school’s diversity dean, arrived on the scene when Duncan himself asked for an administrator to restore order. She then took to the podium and, in a video that has now circulated widely online, accused the judge of causing "harm." vimeo.com/806801455/16c7…
"Your opinions from the bench land as absolute disenfranchisement" of the students’ rights, Steinbach said.
"Do you have something so incredibly important to say," she asked him, that it is worth the "division of these people?"
Duncan warned that what happens at Stanford, long the second-ranked law school in the country, behind Yale, is unlikely to stay there. "If enough of these kids get into the legal profession," he said, "the rule of law will descend into barbarism."
The protest is perhaps the most extreme example yet of law students shouting down conservative speakers. A similar incident occurred at Yale last year when Kristen Waggoner, a prominent SCOTUS litigator, was drowned out by students protesting her views on transgender issues.
Also last year, students at the University of California-Hastings disrupted a talk with the libertarian law professor Ilya Shapiro, shrieking and jeering each time he opened his mouth.
The tactics used against Duncan were nearly identical.
Nearly everyone in the room showed up to disrupt the proceeding, according to Duncan and two members of the Federalist Society, and many of the hundred or so students on hand were holding profane signs, including one that declared: "Duncan can’t find the clit."
Each time Duncan began to speak, the protesters would heckle him with insults, shouting things like "scumbag!" and "you’re a liar!"
The din became so loud that Duncan asked for an administrator to keep order, according to video of the event.
That’s when Steinbach, the associate diversity dean, delivered her remarks. While she reminded students of the law school’s free speech policies, which prohibit the disruption of speakers, she proceeded to stand by while students continued to heckle Duncan.
She also expressed sympathy for students who wanted to "reconsider" those free speech policies, given the "harm" Duncan’s appearance had caused.
Here is footage from later in the talk that shows Steinbach standing by as the heckling unfolds.
At least three other administrators, including. dean of student affairs Jory Steel, were present throughout the event, according to Tim Rosenberger, a member of Stanford’s Fedsoc chapter. None of them told the students to allow Duncan to speak without interruption.
Eventually, one of the leaders of the protest instructed the students to "tone down the heckling slightly so we can get to our questions." So began a contentious Q&A between Duncan and his critics, who continued to disrupt and jeer as he spoke.
It was not very productive:
The students appeared to have little familiarity with Duncan’s jurisprudence. Some accused him of suppressing the voting rights of African Americans, Duncan said–only to cite a case in which Duncan had actually dissented from the majority.
Other questions were less academic. "I fuck men, I can find the prostate," one student asked, according to Rosenberger. "Why can’t you find the clit?"
Duncan was escorted out of a back door by federal marshals, who told him, he said, that they were there to "protect" him.
The meltdown followed a week-long pressure campaign against members of the Federalist Society, who were personally named and shamed by campus activists.
Over 70 students emailed the group on March 6 asking it to cancel the event or move it to Zoom, arguing that Duncan has "proudly threatened healthcare and basic rights for marginalized communities"—language Steinbach quoted in an email sent out the morning of the event.
Her email, which also reminded students of the school’s free speech policies, nonetheless said the event would be a "significant hit" to students’ sense of belonging.
When the Federalist Society refused to cancel, students began putting up fliers with the names and faces of everyone on the board. "You should be ashamed," the posters read.
Other posters berated Duncan for opposing gay marriage, denying "Black Americans the right to vote," and denying "trans people the right to self-determination"—a reference to a 2020 opinion in which Duncan referred to a male-to-female child pornographer using he/him pronouns.
The public shaming continued the day of the event. As Duncan was being whisked away by marshals, protesters encircled members of the Federalist Society and hurled invective at them, Rosenberg and another Federalist Society member, Harrison Nugent, said.
Such tactics have become par for the course at elite law schools. The Yale Law students protesting Waggoner likewise sought to shame the Federalist Society, which had invited her, with posters littered throughout the school.
For Duncan, the attempt to shame individual students was the most disturbing part of the imbroglio.
"Don’t feel sorry for me," he said. "I’m a life-tenured federal judge. What outrages me is that these kids are being treated like dogshit by fellow students and administrators."
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NEW: In a mandatory anti-racism class, Penn State told 1L law students they must "acknowledge the reality of systemic racism" and "dismantle systems that racialize, subordinate, and oppress."
One student withdrew from the law school over the class. We obtained shocking audio.🧵
David Blackman, a former 911 call operator and a veteran of the Texas State Guard, was thrilled to be going to law school at Penn State.
Then he sat through the first session of "Race and the Equal Protection of the Laws," a required first year course.
Blackman listened as a transgender faculty member, Emily Spottswood, explained why the course was mandatory.
"It’s not optional," Spottswood said, because "being a lawyer is about recognizing and combating injustice."
NEW: A disabled woman is suing homeless services in Portland, Oregon, after she was denied rent relief due to her low score on the city's race-based prioritization rubric, which awards more points for requesting "culturally specific services" than for having a disability.🧵
Michele Mei, a white woman with cerebrovascular disease, filed the lawsuit after she was told that she did not meet the cutoff for housing assistance, Fox 12 Oregon reported last month.
Portland (Multnomah County) uses a points-based rubric to prioritize applicants for housing assistance. Under the rubric, obtained exclusively by the Free Beacon, having a disability only counts for 1 point, whereas "interest in culturally specific services" counts for 2.
NEW: In an internal document distributed last month, Pennsylvania's flagship law school promised to devote the entire school to "antiracism," pledging to "recruit, retain, teach and research according to antiracist principles" and embrace an "antiracist critical pedagogy."🧵
The document, a "Strategic Plan Update" covering the next five years, also pledges to expand "employment opportunities for candidates who are underrepresented in the University and at the Law School." Critics say that pledge is likely to expose the school to legal action.
"Every known definition of 'antiracism' explains that race will be a factor in decision making. This is illegal and should be challenged in court," said Ed Blum, the man behind the litigation that outlawed affirmative action in college admissions.
NEW: Blue jurisdictions are rationing homeless services based on race.
In Portland, a non-white, non-native English speaker who is LGBT would get priority over a domestic violence survivor with a 6 yr old child who's been homeless for 12+ months.
The policies are shocking.🧵
Let's start with Multnomah County, OR, home of deep blue Portland, where deaths of homeless people quadrupled between 2019 and 2023. The county's screening tool for housing services is designed to "prioritize … BIPOC households, LGBTQIA2S+, [and] people with disabilities."
The rubric, obtained via a public records request, wards 1 point for "interest in LGBTQ services," 2 points for "English as a second language," and another 2 points for "interest in culturally specific services," a catch-all term for Portland's race-based housing programs.
NEW: Stanford is awarding five times as much money to a campus drag troupe as to an undergraduate veterans association. And it's awarding more money to the Muslim Student Union—$175,000—than every Christian student group combined.
We obtained the school's activities budget.🧵
The awards include a $50,000 grant to the Stanford Drag Troupe, which last year sponsored a performance by two drag queens, "Slut the Rock Johnson" and "ZZ Chic," as part of a "sex trivia" event titled, "Are You Smarter Than A Sexpert?"
That grant dwarfs the $10,000 earmarked for the Stanford Undergraduate Association of Veterans, the $14,472 earmarked for Stanford’s sole ballet group, the $27,104 earmarked for the Stanford Light Opera Company, and the $27,154 earmarked for the Stanford Symphony Orchestra.
NEW: The Marylander Condominium needed millions in repairs after Prince George's County stood by as a nearby homeless encampment terrorized the condo.
One bank said it would lend if the county guaranteed the loan.
But the county refused—and now residents are being evicted.🧵
After members of the encampment allegedly vandalized the boiler room, 100 units were left without heat and in violation of local safety codes. The damage prompted building inspectors to deem those units "unfit for human habitation" in December and order their occupants to leave.
The situation made the Marylander toxic to lenders, who feared that it was all but guaranteed to default. Starved for credit and at risk of collapse, the condo found financing from a local bank that agreed to lend on one condition: The county would have to guarantee the loan.