Chemerinsky: Stanford Law Students Violated Free Speech By Shouting Down A Conservative Speaker

Sacramento Bee Op-Ed:  Stanford Students Violated Free Speech by Shouting Down a Conservative Speaker, by Erwin Chemerinsky (Dean, UC-Berkeley):

There is no First Amendment right to use speech to shout down a speaker and keep them from being heard. This principle has again become important in connection with an incident at Stanford Law School on March 9. ...

This is not the first time in recent years that law students have behaved this way. A year ago, students at both UC Law San Francisco (previously Hastings College of Law) and at Yale Law School disrupted invited conservative speakers. In all of these instances, protesters defended their actions by claiming that they had the right to use their speech to “de-platform” a speaker and keep them from being heard. This is wrong as a matter of law and at odds with common sense. There is no reason why the protesters’ speech should be given priority over that of an invited speaker and an audience desiring to listen. Cases have consistently rejected such a right to a “heckler’s veto.” Indeed, if it were allowed, the only permissible speech would be that where no one cares enough to protest.

Each fall, in my role as dean, I send a message to the Berkeley Law School community about this. This year, my message stated: “Our goal is to be a place where all ideas and views can be expressed. The First Amendment does not allow us to exclude any viewpoints, and I believe that it is crucial that universities should be places where all ideas can be voiced and discussed. At times, this may mean that there can be an expression of views that we dislike or even find offensive.”

“Disruption of speakers and events will not be tolerated,” I wrote. “The appropriate response to an objectionable speaker is to invite your own speaker or to engage in non-disruptive protests.” I know some disagree and claim a right to shout down speakers. But the only way my speech can be free tomorrow is to support protection for speech that I dislike today. I also am hopeful that there is a benefit in hearing views different from our own, though it can be unsettling and even painful.

Prior TaxProf Blog coverage:

• Stanford President And Law Dean Apologize To Fifth Circuit Judge For Disruption Of His Speech (Mar. 13, 2023)
• Students Target Stanford Law School Dean In Revolt Over Her Apology To Federal Judge FedSoc Speaker (Mar. 15, 2023)
• More Commentary On The Disruption Of A Federal Judge's Speech At Stanford Law School (Part 1) (Mar. 16, 2023)
• More Commentary On The Disruption Of A Federal Judge's Speech At Stanford Law School (Part 2) (Mar. 18, 2023)
• Dean Martinez's 10-Page Letter To The Stanford Community About The Disruption Of Judge Duncan's Speech (Mar. 22, 2023)
• DEI Dean Escalates Battle Against Dean; Stanford Law School's Sole Conservative Professor Weighs In (Mar. 24, 2023)
• More Commentary On The Disruption Of A Federal Judge's Speech At Stanford Law School (Part 3) (Mar. 27, 2023)
• UC Berkeley Dean Erwin Chemerinsky: Stanford Law Students Violated Free Speech By Shouting Down A Conservative Speaker (Mar. 29, 2023)
• Judge Kyle Duncan: What We Must Expect of Our Law Schools (Mar. 30, 2023)
• More Commentary On The Disruption Of A Federal Judge's Speech At Stanford Law School (Part 4) (Mar. 31, 2023)
• Will The ABA And California Bar Get Involved In The Stanford Law School Free Speech Imbroglio? (Apr. 1, 2023)
• Law Profs' Petition Backs Stanford DEI Dean's 'Unimpeachable Approach' With An 'Obviously Repellent' Federal Judge (Apr. 3, 2023)
• Federal Judges Ho And Branch Add Stanford To Their Law Clerk Hiring Boycott (Apr. 3, 2023)
• More Commentary On The Disruption Of A Federal Judge's Speech At Stanford Law School (Part 5) (Apr. 4, 2023)
• Stanford President Renews Commitment To Academic Freedom Amid Law School Controversy (Apr. 5, 2023)
• More Commentary On The Disruption Of A Federal Judge's Speech At Stanford Law School (Part 6) (Apr. 8, 2023)
• NY Times: At Stanford Law School, The Dean Takes A Stand For Free Speech. Will It Work? (Apr. 13, 2023)
• More On The Law School Free Speech Wars At BYU, Stanford, And Yale (Apr. 15, 2023)
• Promising Signs For Free Speech At Stanford And Other Elite Schools (Apr. 17, 2023)
• Lessons For Law Students And Law Schools From The Stanford Free Speech Imbroglio (Apr. 20, 2023)
• Stanford BLSA Refuses To Help Recruit The Class Of 2026 Due To Administration's Response To Judge Duncan's FedSoc Event (Apr. 20)