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Georgetown Law Professors Say Students Are “Traumatized” by Criticisms of Scalia, Demand “Remedies”

On the day the death of Justice Antonin Scalia was announced, Georgetown Law School issued an official statement and press release headlined “Georgetown Law Mourns the Loss of U.S. Supreme Court Justice Antonin Scalia.” It quoted the school’s dean, William M. Treanor, heaping unqualified praise on the highly controversial justice.

“Scalia was a giant in the history of the law, a brilliant jurist whose opinions and scholarship profoundly transformed the law,” Dean Treanor pronounced. “Like countless academics, I learned a great deal from his opinions and his scholarship. In the history of the Court, few justices have had such influence on the way in which the law is understood.” Moreover, “he cared passionately about the profession, about the law and about the future. … We will all miss him.” It went on and on in that vein.

[...] Two Georgetown law professors, Mike Seidman and Gary Peller, disagreed with Dean Treanor’s glowing assessment of Scalia and said so. That night, Seidman posted a brief email to the dean and faculty noting: “Our norms of civility preclude criticizing public figures immediately after their death.” As a result, said Seidman, “all I’ll say is that I disagree with these sentiments and that expressions attributed to the ‘Georgetown Community’ in the press release issued this evening do not reflect the views of the entire community.”

A full two days after Scalia’s death, Professor Peller wrote an email — first to the dean and the faculty, and thereafter to the entire law school — explaining his dissent from the dean’s praise. Like a huge number of Americans generally, and legal professionals particularly, Professor Peller viewed Scalia’s role on the Supreme Court as toxic in the extreme, and he explained why.

Professor Peller wrote that he was “put off” by the official statement praising Scalia, and that he “imagine[s] many other faculty, students, and staff, particularly people of color, women, and sexual minorities, cringed at [the] headline and at the unmitigated praise with which the press release described a jurist that many of us believe was a defender of privilege, oppression, and bigotry, one whose intellectual positions were not brilliant but simplistic and formalistic.” He added that Scalia “was not a legal figure to be lionized or emulated by our students. He bullied lawyers, trafficked in personal humiliation of advocates, and openly sided with the party of intolerance in the ‘culture wars’ he often invoked. In my mind, he was not a ‘giant’ in any good sense.”

So far, so good: right? The Georgetown dean lionized Scalia as a “brilliant jurist” from whom we all learned so very much and whom we will “all miss,” while a law professor objected to that view and argued that Scalia was actually a destructive presence on the Court. That sounds to me like exactly the sort of debate that one should find at a major U.S. law school, the sort of debate thinking adults have on a daily basis. Vehement criticisms of Scalia have long been, and still are, commonplace; The New Yorker’s Jeffrey Toobin this week wrote that Scalia “devoted his professional life to making the United States a less fair, less tolerant, and less admirable democracy.”

But two conservative law professors on the Georgetown faculty are indignant that this debate took place at all. The right-wing duo, Randy Barnett and Nick Rosenkranz (a senior Rubio adviser), sent their own email denouncing Peller’s anti-Scalia statement: not on substantive grounds that he was wrong on the merits about Scalia, but insisting that he had no right to criticize Scalia at all.

They began with an incredibly petty accusation that Professor Peller broke the law school’s rules in posting his statement; it was, they said, “in violation of the stated policies governing such emails.” By contrast, the two professors boasted, they “sought and received permission to post this response in an attempt to remedy the harm caused by the initial breach of our norms.”

After they each recounted fond personal memories they shared with Justice Scalia (“We had lunch together at his favorite pizza place, AV Ristorante. … We once sang a song together, believe it or not: Oh, Danny Boy”), they jointly moved to the crux of their grievance: It was “simply cruel beyond words” to subject these two professors to criticisms of their beloved hero. They literally said that:

To hear from one’s colleagues, within hours of the death of a hero, mentor, and friend, that they resent any implication that they might mourn his death — that, in effect, they are glad he is dead — is simply cruel beyond words.

They added, “But, though the insult and cruelty of our colleagues was grievous, at least only two of us had to bear it.” We had to bear it.

[...] For some reason, national pundits who love to denounce “PC” campus censorship and parade around as free speech crusaders obsessively focus on left-wing censorship while ignoring other kinds of campus viewpoint-suppression that are far more common. As I’ve documented repeatedly, the most common form of campus censorship — punishment and other official limitations imposed on activists working against Israeli occupation of Palestine — is almost always completely ignored in this pundit debate.

Indeed, it’s common for those seeking to suppress left-wing views on college campuses to invoke exactly the same “safe space” rhetoric. As we noted last week in reporting on the growing criminalization of the BDS movement, the University of Illinois student who led the campaign to have Steven Salaita fired for his pro-Gaza tweets, himself a former AIPAC intern, told the New York Times when justifying this campaign: “Hate speech is never acceptable for those applying for a tenured position; incitement to violence is never acceptable. … There must be a relationship between free speech and civility.” Another “pro-Israel” student demanding Salaita’s firing said, “It’s about feeling safe on campus.” This is seen over and over: “PC” censorship is almost always depicted as a left-wing phenomenon even though it is directed at least as commonly at the Left as it is wielded by them.

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