Above the Law - Thinking Like a Lawyer

Nothin' Says Lovin' Like A Benchslap

Sep 24, 2025
A lawyer's termination over social media comments raises questions about free speech vs. firm discretion. A judge's harsh criticism of a Pillsbury partner highlights issues of entitlement in the courtroom. Meanwhile, Santa Clara Law steps up with guaranteed scholarships as a response to new federal loan caps, potentially setting a trend for other institutions. Tune in for a lively discussion on these intriguing topics!
Ask episode
AI Snips
Chapters
Transcript
Episode notes
INSIGHT

Firm Fires Over Social Posts

  • Perkins Coie fired a senior lawyer after measured social-media comments about Charlie Kirk, citing distraction risk while fighting the administration.
  • Hosts debate whether preemptive silence could be justified but worry about firing without prior guidance.
INSIGHT

Expectations Before Punishment

  • If a firm expects silence during a high-stakes litigation campaign it must communicate that expectation proactively.
  • Firing for a benign post feels punitive unless clear social-media rules were given in advance.
INSIGHT

Hagiography Versus Honest Reckoning

  • Public reaction to the death shows a split between mourning and resisting hagiography of controversial figures.
  • Hosts note efforts to whitewash Charlie Kirk's record on social media and the media's limited pushback.
Get the Snipd Podcast app to discover more snips from this episode
Get the app