Stanford Law Caves After Blocking Student From Graduating Because He Mocked Josh Hawley and Federalist Society Over Capitol Attack
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A Stanford Law student who mocked Josh Hawley and the Federalist Society on a student listserv faced an investigation by the school that put his degree in jeopardy. After controversy erupted, the school caved, and said the student would be able to graduate after all.
A few weeks after the January 6 attack on the U.S. Capitol, third-year student Nicholas Wallace sent a satirical flyer to a listserv used for debate by classmates. The flyer was a parody listing for an event held by the Federalist Society, a conservative organization for lawyers with a chapter at Stanford Law School.
“The Originalist Case for Inciting Insurrection,” the fake event was called, and it featured two prominent boosters of former President Donald Trump’s efforts to overturn the 2020 election (an effort that inspired the Capitol attack): Sen. Josh Hawley (R-MO) and Texas attorney general Ken Paxton.
The letter poking fun at the institutional support for MAGA-hat-wearing insurrectionists did not sit well with the Stanford Federalist Society, whose members are apparently as humorless as they are unfamiliar with the law.
A top Stanford Federalist Society officer filed a complaint against Wallace, according to Slate, laughably claiming that the piece of satire “defamed” the organization and caused “harm” to its members.
The meltdown worked: Stanford launched a formal investigation, and Wallace received the complaint against him on his last day of classes.
According to Slate:
Stanford then placed a hold on his degree, prohibiting him from receiving his actual diploma at graduation on June 12. It has continued to investigate him for “a possible violation of the Fundamental Standard,” the school’s code of conduct, subjecting him to the same procedures that suspected plagiarists must undergo. The hold on his diploma has jeopardized Wallace’s plans to take the Michigan bar exam this summer; the state bar requires applicants to send their diplomas immediately upon graduation, which he will not be able to do.
Fortunately, this embarrassing episode was brought to an end on Wednesday night. In a statement to Slate writer Mark Joseph Stern, a Stanford spokesperson said the investigation had been resolved after Stanford consulted with its lawyers and had an epiphany: the satirical flyer was protected speech.
?A Stanford spokesperson tells me the school will NOT move forward with the investigation into Nicholas Wallace for making fun of the Federalist Society because he engaged in protected speech. The hold on his diploma has allegedly been lifted. Background: https://t.co/gtrIlUfFOd pic.twitter.com/aG5epczMm2
— Mark Joseph Stern (@mjs_DC) June 3, 2021
While the investigation has been resolved, some involved are not satisfied.
“I’m now able to speak about this shitshow without fear of harming my friend. Stanford’s handling of this entire thing was appalling and their retroactive ass-covering is pathetic,” said Shawn Musgrave, a classmate of Wallace’s who helped him investigate Stanford’s handling of the incident.
I’m now able to speak about this shitshow without fear of harming my friend. Stanford’s handling of this entire thing was appalling and their retroactive ass-covering is pathetic. More thoughts later but thanks to @TheFIREorg for holding powerful institutions to… well, the ?? https://t.co/AM9F2arQxF
— Shawn Musgrave (@ShawnMusgrave) June 3, 2021
Musgrave extended his thanks to the FIRE Organization, a group that defends free speech on college campuses that had taken up Wallace’s cause.
