When a law student's words became a weapon

A Texas Tech student faces expulsion from the bar after speaking about a political assassination on campus.

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When a law student's words became a weapon

A Texas Tech student faces expulsion from the bar after speaking about a political assassination on campus.

In brief

A Texas Tech student faces expulsion from the bar after speaking about a political assassination on campus. Political appointees running universities are using student speech codes to enforce ideological conformity, even when courts recognize the speech as constitutionally protected. Originally reported by The New…

A student's casual comment

When conservative activist Charlie Kirk was shot on campus, law student Ellie Fisher mentioned it to colleagues in the criminal-defense clinic where she worked. Her comment sparked an investigation that would threaten her legal career.

Who is Ellie Fisher

Fisher is a third-year law student at Texas Tech, a progressive activist from California who founded an NAACP chapter and testified against anti-DEI legislation. She aspired to be a federal public defender serving the underserved High Plains region.

“There are a million Ellie Fishers right now in San Francisco. Where they need me is Lubbock.”

The clinic discussion

The clinic discussion

Fisher walked into the clinic and mentioned Kirk's death to her supervisor, Patrick Metze, who was discussing the shooting with students. Metze played a video of the incident. Fisher later joined a conversation where she said Kirk was a Nazi, but the discussion remained respectful.

Morgeson's complaint

Terri Morgeson, director of the clinic's family-law practice, reported that Fisher had celebrated Kirk's death loudly in the hallway. She said Fisher shouted an expletive and that two of her students were upset and wanted to leave early.

The investigation begins

Law school administrators informed Fisher she was under investigation for violating the honor code by announcing Kirk's death in an overexuberant manner. The notice came on Kirk's birthday, October 14th.

Metze faces pressure

A portrait of a person.

Dean Jack Nowlin accused Metze of having a party in his office to celebrate Kirk's death. Metze was ordered to read a book on political civility and forbidden from contacting students. He was eventually forced to resign at the end of the school year.

“You wanted the old white guy to tell the young Black girl to shut up, and sit down, and be in her place. And I didn't do it, and I won't do it.”

The broader crackdown

Across the country, 45 academics were fired or punished for Kirk-related speech. Texas Governor Greg Abbott personally intervened in multiple cases, demanding expulsions and arrests of students who mocked or criticized Kirk.

Political appointees take control

State legislatures are installing political appointees to run universities. In Florida, a quarter of state schools are now led by former Republican politicians. Texas appointed Brandon Creighton, a state senator, as chancellor of Texas Tech.

Creighton's censorship system

Creighton banned teaching concepts that promote activism on race or sex. He launched a comprehensive review of Texas Tech's 14,000 courses using artificial intelligence to detect offending material, flagging hundreds of classes for changes.

Books removed from curriculum

Works struck from Texas Tech courses included Plato's Republic, The Silence of the Lambs, and Ta-Nehisi Coates's Between the World and Me. A French-literature professor was told neutral alternatives could replace materials on deep time.

Self-censorship spreads

An internal survey found that half of 367 professors had preëmptively altered their courses. Faculty members abandoned collaborative projects and avoided controversial topics to protect their careers.

The honor council hearing

At the hearing, Morgeson testified she heard Fisher say an expletive but later admitted she was uncertain who said it. Students testified they weren't actually upset by Fisher's comments. The council acquitted Fisher of misconduct in most instances.

Dean overrules the council

Despite the honor council's acquittal, Dean Nowlin overruled their decision and placed a reprimand in Fisher's permanent record. He sent the reprimand to the Texas Board of Law Examiners, recommending she be rejected from the state bar.

New charges emerge

Nowlin introduced a new charge against Fisher: dishonesty, for denying the conduct took place. He cited Patrick Metze as a witness, claiming Metze had admitted Fisher celebrated a murder, though Metze never made such an admission.

The strategy behind the case

Faculty members believed the investigation was designed to reach Metze through Fisher. By attacking Fisher, the school could insulate itself from a wrongful-termination lawsuit by Metze for forcing his resignation.

“The only way to get to Metze is through Ellie. So they had to hang Ellie first.”

Federal court denies relief

A federal judge dismissed Fisher's First Amendment lawsuit, granting qualified immunity to the defendants. The judge ruled that even if the school violated the First Amendment, the officials were allowed breathing room to make reasonable but mistaken judgments.

Morgeson's shifting accounts

Morgeson's letter to the bar examiners differed significantly from her later court declaration. She dropped claims that she could clearly hear conversations and that people were laughing. A free-speech attorney called the omissions a very hot gun.

Fisher's clinical work praised

Despite the dishonesty charge, Fisher received A's in both semesters of clinical work and a commendation for exemplary participation. She visited jail clients so frequently that inmates sent her fan letters.

“Ellie spent an entire year getting poor people out of jail, and now she's not ethical enough to be a lawyer?”

Fisher refuses to leave

After graduation, Fisher chose to study for the bar in Lubbock despite her parents urging her to return to California. She said she would not run scared and that it would be a failure to abandon her advocacy.

“I don't run scared. It's a complete failure if I say I'm an advocate for other people and I can't even advocate for myself.”

The cost of speaking up

The investigation took a toll on Fisher's mental health. During winter, the process made her physically ill and she considered giving up on becoming a lawyer. The bar examiners could still reject her before she even learns her exam results.

What matters most

Political appointees running universities are using student speech codes to enforce ideological conformity, even when courts recognize the speech as constitutionally protected.

Read the original on The New Yorker

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