Ep. 235: Cancel culture, legal education, and the Supreme Court with Ilya Shapiro
Feb 6, 2025
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In this discussion, Ilya Shapiro, a senior fellow at the Manhattan Institute and author of "Lawless," shares his insights on the evolving landscape of legal education. He recounts his personal encounters with cancel culture, particularly during his time at Georgetown. Shapiro also analyzes significant Supreme Court cases affecting free speech, including the TikTok ownership debate and Texas' age verification law. He emphasizes the need for open dialogue in academia and reflects on the ideological shifts within elite institutions.
Ilya Shapiro discusses how the ideological conformity in elite institutions is being challenged, indicating a potential return to open debate.
The episode highlights Shapiro's personal experiences with cancel culture, illustrating the risks faced by those who voice dissenting opinions in academia.
Shapiro critiques the declining state of law schools, emphasizing the need for diverse viewpoints to safeguard foundational legal principles and academic rigor.
Deep dives
The Impact of DEI on Free Expression
The episode highlights a significant political shift in the approach to Diversity, Equity, and Inclusion (DEI) initiatives under the current administration, particularly targeting policies implemented by the previous administration. A key discussion revolves around executive orders aimed at dismantling institutional DEI programs, indicating a broader assault on these initiatives across federal agencies. The conversation underscores the implications of these orders for free speech and expression in educational and professional environments, suggesting that such actions may create an atmosphere where individuals feel less free to express themselves. The potential chilling effects on open discourse and academic freedom are illustrated as being a direct consequence of this political maneuvering.
Ilya Shapiro's Controversial Experience at Georgetown
The episode delves into Ilya Shapiro's personal experience of facing backlash after a controversial tweet about Supreme Court nominees, highlighting the dangers of expressing opposing viewpoints in academia. Shapiro shares the tumultuous aftermath of being suspended from Georgetown University, illustrating how a single tweet led to protests and call for his dismissal based on misinterpretations of his words. The discussion emphasizes the tension between academic freedom and the repercussions of vocal dissent in increasingly polarized environments. Shapiro recounts how he navigated the hostile response, leaning on allies and advocacy organizations to maintain his position amid fears of a backlash.
The Broader Crisis in Law Schools
The podcast addresses the troubling state of law schools, viewed as microcosms of broader societal issues regarding ideological biases and the prioritization of activism over education. Law schools are criticized for producing graduates who may not fully uphold the principles of free inquiry and merit, as evidenced by narratives surrounding the decline in academic rigor and the embrace of critical theory. Shapiro points out that these institutions, by failing to teach diverse viewpoints, contribute to a amassing of ideological homogeneity among the future leaders of the legal profession. The impact of this shift is underscored as it poses risks to foundational legal principles and harms the public’s trust in the legal system.
The Role of Higher Education Institutions in Free Speech
The episode reflects on the responsibility of higher education institutions to uphold free speech and the challenges they face in doing so amid rising tensions around various social issues. Shapiro shares experiences from his talks at different law schools where protests erupted to silence speakers, showcasing the struggle to maintain an environment conducive to open debate. He argues that failure to enforce existing policies protecting free speech only encourages further disruptions and stifles academic discourse. The conversation emphasizes that universities and their administrations need to take a stand, moving beyond passive policies to proactively defend free expression.
Future of Free Speech and Political Movements
Finally, the discussion encompasses the future landscape of free speech, particularly in relation to current political movements and the social climate. Shapiro notes a potential 'vibe shift' where the tides may be turning against cancel culture, reflecting changes in executive attitudes and public sentiment. The implications of varying interpretations of laws regarding free expression and how they might evolve alongside shifts in societal values are examined. The conversation ends with a call for continued vigilance and advocacy to protect free speech rights, especially within institutions that have historically been seen as bastions of open discourse.
Over the years, elite institutions shifted from fostering open debate to enforcing ideological conformity. But as guest Ilya Shapiro puts it, “the pendulum is swinging back.” He shares his firsthand experience with cancel culture and how the American Bar Association’s policies influence legal education. Shapiro also opines on major free speech cases before the Supreme Court, including the TikTok ownership battle and Texas’ age verification law for adult content.
Shapiro is a senior fellow and director of constitutional studies at the Manhattan Institute. He previously (and briefly) served as executive director and senior lecturer at the Georgetown Center for the Constitution and as a vice president at the Cato Institute. His latest book, “Lawless: The Miseducation of America’s Elites,” is out now.
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