Students Call for Genocide, Presidents Smirk

One Kansas City Chiefs fan will have a coming check with a lot of zeros.

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The university presidents of Harvard, MIT, and Penn testified before Congress on antisemitism in their schools. It didn’t go well. Sarah and David talk Title VI implications, and:

-David feels gaslit

-The parents of a young Kansas City Chiefs fan threaten to sue Deadspin for libel

-Acheson and why mootness is easy and standing is hard

-Happy holiday housekeeping

Show Notes:

-Harvard ranked last in free speech 

-U.S. Department of Education Reminds Schools of Their Legal Obligation to Address Discrimination, Including Harassment

-Department of Education’s newest ‘Dear Colleague’ letter relies on unconstitutional standards, but offers some promise

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Comments (150)
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  1. Avatar photo
    Bill Dyer (aka Beldar)

    Re wedding causation: Definitely a cause-in-fact. And since there can be more than one proximate cause, the email makes a concise but powerful case -- foreseeable, natural and continuous sequence -- for that higher level of causation as well. Cue: Barbara Streisand, more often discussed on AO in the odd context of the magnification of attention which can follow a complaint that one's privacy has been invaded, but this time for the appropriate soundtrack, "Matchmaker," from "Hello, Dolly!"

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  2. Avatar photo
    Bill Dyer (aka Beldar)

    If the lawyers representing, and therefore preparing, these college presidents did not include mock cross-examinations captured, and then replayed with the witness, on video, with vigorous critiquing as part of that process, then they skipped a step. Smirking doesn't show up on a transcript, but it can leap off the screen. An effective advocate representing a witness will prepare the witness against all these risks, because they are by no means unforeseeable.

    But the step-skipping, if such there was, may more probably be laid at the feet of the witnesses, who think themselves, and are, highly intelligent and articulate, and who get away with their bullsh!t 24/7/365 except for brief intervals like this one, in which they find themselves Sherman McCoys instead of Masters of the Universe.

    Felicitations in advance to the expectant parents. There is, occasionally, a distinction between having "appeared" and having "argued." Three appeared; two argued. There is honor in both.

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  3. Mar-of-Jarbles

    First comment. My go-to podcast is AO, and my closest link to the legal profession is that I was pre-law during my freshman year before switching to business. I really enjoy Sarah and David and their review of SCOTUS. Just thought that I would pipe in. Have a great day y'all!

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  4. Avatar photo
    Larry

    First Title VI suit against Penn.
    https://www.kasowitz.com/media/focjlca0/university-of-pennsylvania-complaint.pdf

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  5. David Keating

    Sarah and David, you gave great potential answers to Rep. Stefanik's question but you didn't answer the question. The acceptable answer, as she asked the question, was either "yes" or "no."

    Stupid question.

    I agree, of course, that smirking is bad.

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  6. Jonnyd7606

    If you can't see how calling for genocide in front of Jewish people might be construed as a threat of immediate physical violence, and thus fall outside the purview of Constitutional guarantees of free speech, I can't help you. This woman couldn't bring herself to preface her comments with "of course, calling for calling for genocide is evil, but..." until she was forced to do so the next day, but too little, too late.

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    1. Michael M

      Then you are completely ignorant of First Amendment law. See: Skokie, which both Sarah and David have strongly defended. They’ve gone a bit off track here.

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  7. Eazy-E

    I used to follow Popehat, but he became a really uncharitable asshole over time.

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  8. Jefsut

    I was going to post something, but decided against it. Hope everyone has a good weekend in spite of everything!

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  9. Avatar photo
    Larry

    Relevant law firm news:
    https://www.nytimes.com/2023/12/08/business/dealbook/wilmerhale-penn-harvard-mit-antisemitism-hearing.html?smid=nytcore-android-share

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  10. Photo of Jonah Goldbergstaff-badge-circle
    Jonah Goldberg staff-badge Editor

    I'm an avid AO listener, but this is my first comment here. I have to say I'm disappointed in everybody for not giving Sarah more grief for guessing that "DeNiro's" [Sic] line about "I could have been a contender!" was from ..."Taxi Cab."

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    1. Mjfswim+Jg

      But how would she know? She's a kid!

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    2. @Fakejohn

      Travis Bickle has had a long day and wants only to clean his cab, watch a movie with his best girl Betsy and check in on his God Daughter Iris. Unfortunately, New York has other plans! Don't miss the hilarious antics of Travis' madcap romp through the city that never sleeps in the movie critics are calling "Engrossing" and "A real wake up call" Taxi Cab!

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      1. Avatar photo
        Eahay19

        Oh my god… if only The Onion existed in the ‘70’s….

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    3. BenP

      LOL

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