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So Much For Free Speech: Harvard Law Students Punished For Reading Together At Campus Library – Above the Law

Basically
this

There
is
a
very
strong
tendency
for
the
discourse
surrounding
protests
to
fixate
on
their
form
rather
than
their
content.
The
criticism
usually
begins
and
ends
with
an
assessment
of 
how
polite
or
convenient
the
protest
was.
Sure,

human
rights
are
important
or
whatever
,
but
was
the
Olympics
really
the
best
place
to
raise
a
fist?
Or
“Yes,
cops
murdering
unarmed
people
is
bad
or
whatever,
but
can
you
believe
Kaepernick
is
ruining
Sunday
Night
Football?”
If
the
politeness
check
isn’t
met,
people
act
as
if
it
permits
all
sorts
of
rude
responses
that
range
from

state
sanctioned
ridicule

to

state
actors
hurting
or
killing
protestors
.

Despite
disruption
being
a

vital

component
in
the
history
of
protesting,
the
demand
that
protests
be
polite
and
convenient
(in
addition
to
the

fire
hoses
and
dogs
,

tear
gas

and

attacks
on
university
faculty
and
students

that
buttress
the
demands
for
protestors
to
be
polite
and
patient)
has
incentivized
less
and
less
invasive
forms
of
protest.
We’ve
moved
from

blocking
roads

and

sit-ins
 as
objectionable
protests
to
studying
with
the
wrong
scarves
and
laptop
decor
as
deserving
scrutiny.

If
we
are
to
have

any

meaningful
discussion
about
free
speech
on
campus
that
isn’t
just

a
shorthand
excuse
for
FedSoc
judges
being
able
to
spew
Fox
News
talking
points
without
being
expected
to
respect
pedagogical
norms
like
explaining
your
legal
decision
to
law
students
,
students
quietly
studying
as
protest
has
to
be
the
bare
minimum
of
what’s
allowed,
right?
Doesn’t
seem
to
be
the
case
at
Harvard.

The
good
news
is
that
the
students
are
supported
by
some
of
the
faculty

Harvard
Law
professor
Andrew
Crespo,
joined
by
Harvard
Businness’
Reshmaan
N.
Hussam
did
a
write
up
on
the
protest
for

The
Crimson
:

[A]
few
weeks
ago,
at
least
twelve
of
our
students
were
suspended
from
the
same
library
for…reading
quietly,
with
small
signs
taped
to
their
laptops.

We
strongly
disagree
with
Harvard’s
decision
to
ban
our
students
from
the
library
over
this
conduct.
A
university
should
never
deny
access
to
scholarly
resources
as
a
mode
of
punishment.
In
fact,
we
believe
these
sanctions
violate
the
American
Library
Association’s
Bill
of
Rights.

If
there
is
one
noteworthy
difference
between
our
study
session
and
theirs,
it
is
that
the
students
all
wore
traditional
Palestinian
keffiyehs
around
their
necks,
while
we
and
our
colleagues
wore
black
scarves.
We
did
this
with
intention,
to
underscore
the
unequal
and
repeated
disciplinary
threats
and
actions
targeting
students
who
have
expressed
a
particular
point
of
view
this
last
year.

It
is
refreshing
to
see
law
professors
going
to
bat
for
their
students,
much
better
than
having
to
cover

another
Amy
Wax
“Hate
speech
is
good,
actually!”

story.
The
professors
go
on
to
say
that
there
is
no
reasonable
way
to
frame
students
quietly
studying
and
sharing
ideas
as
disruptive
since…that’s
kinda
the
fundamental
purpose
of
universities.
It
is
so
fundamental
that
there
is
a
legitimate
question
of
if
the
student’s
study
group
constituted
a
“protest,”
framing
it
as
such
may
already
be
ceding
to
the
University’s
framing
of
the
shared
silent
study.
For
example,
would
a
group
of
students
studying
together
that
have
“Don’t
tread
on
me”
stickers
or
even
a
sign
in
front
of
them
that
says
“Sic
Semper
Tyrannis”
in
front
of
their
laptop
amount
to
a
protest?
Probably
not,
even
if
they
all
happen
to
be
very
enthusiastic
libertarians.
What
makes
this
“protest”
any
different?

Harvard
isn’t
the
only
place
where
the
expression
of
a
particular
point
of
view
has
resulted
in
an
uncharacteristically
aggressive
response.
Ta-Nehisi
Coates
recently
came
under
fire
for
sharing
the
apparently
controversial
opinion
that
Apartheid
is
categorically
bad
on

CBS
.
The
fall
out
has
resulted
in
some
in-depth
discussions
about
why
and
how
dissent
is
policed
in
public
forums:

If
reading
quietly
in
a
library
can
be
framed
as
a
punishable
form
of
protest,
what
places
and
methods
remain
for
peacefully
voicing
dissent?
Or
for
that
matter,
merely
studying?


Will
Harvard
Punish
Its
Professors
for
Reading
in
the
Library?

[The
Crimson]



Chris
Williams
became
a
social
media
manager
and
assistant
editor
for
Above
the
Law
in
June
2021.
Prior
to
joining
the
staff,
he
moonlighted
as
a
minor
Memelord™
in
the
Facebook
group Law
School
Memes
for
Edgy
T14s
.
 He
endured
Missouri
long
enough
to
graduate
from
Washington
University
in
St.
Louis
School
of
Law.
He
is
a
former
boatbuilder
who
cannot
swim, a
published
author
on
critical
race
theory,
philosophy,
and
humor
,
and
has
a
love
for
cycling
that
occasionally
annoys
his
peers.
You
can
reach
him
by
email
at [email protected] and
by
tweet
at @WritesForRent.