The Law School Is Not a Political Movement

Berkeley law school fails at education, let’s free-speech opponents embrace leftist anti-Semitism and denounce free speech A few people in the media have pointed to what looks like a clear conflict of interest between…

The Law School Is Not a Political Movement

Berkeley law school fails at education, let’s free-speech opponents embrace leftist anti-Semitism and denounce free speech

A few people in the media have pointed to what looks like a clear conflict of interest between Berkeley professor Jordan Miltenberger, a faculty member of the law school, and the faculty of the law school, and that might be the case. This is, however, a false dispute. Professor Miltenberger does not seek any office; indeed he says that he is not interested in that. His primary interest is that it be possible for him to do the teaching that he has always done and that is both possible and essential for teaching the law. He has never claimed to be a candidate for any office. His only interest in politics is in the politics of law. The law school is not a political movement; it is a teaching institution, and its teaching is the teaching of the law. Professor Miltenberger does not hold it against other faculty members who do.

Nevertheless, after his remarks in which he said that people should “kill” those who are offended by “the idea of being offended by speech that you disagree with” and of “the desire to kill” people who offend people and that “speech does not live on the internet,” he was subjected to intense criticisms from faculty and from students. It is entirely predictable that the faculty would be criticized and the students were praised for how quickly Miltenberger was expelled from the law school. The faculty was, however, much less critical of his colleague, faculty member and law student Mark Tushnet. Even as he was being dragged by the law school into defending his colleague, Tushnet was being defended by faculty. His faculty defenders were more critical of Professor Miltenberger than their colleague, but Professor Miltenberger was not suspended because he was defended.

The fact that professors like Professor Tushnet and Professor Miltenberger are more critical of those other professors

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