Courtesy of Harold Shapiro

In its inaugural event, the Law School’s Center for Academic Freedom and Free Speech hosted prominent legal scholars from across the country to discuss free speech on Yale’s campus.

In honor of the 50th anniversary of the Woodward Report, panelists came together in the Sterling Law Building on Friday, Feb. 14. The conference, “Revisiting the Woodward Report: Free Expression on College Campuses,” reflected on the report’s legacy, its original goals and the role of free speech in higher education.

The conference began with remarks from Law School Dean Heather Gerken and a surprise appearance from University President Maurie McInnis, who reflected on the Woodward Report’s enduring legacy at Yale.

“The research and teaching that take place at the Law School, and many other parts of our campus, demonstrate that Yale isn’t merely marking a landmark anniversary for the Woodward Report, but is recommitting ourselves anew to its core values,” said McInnis.

In her opening remarks, Gerken highlighted the central importance of free speech to the Law School’s mission. She noted that the Law School encourages the ability to “question everything” by pushing students in classroom discussion to make the best case for positions they might oppose. 

Though the conference was specifically in honor of the new Center for Academic Freedom and Free Speech and the 50th anniversary of the Woodward Report, Gerken highlighted that free speech has been of constant importance, noting the protection of speaking freely as one of her priorities throughout her tenure as dean.

“Without the Woodward Report’s protections for free speech and academic freedom, our students would never acquire the scholar’s superpower — the ability to question everything,” said Gerken.

McInnis also expressed how “fortunate” Yale was to have Professor Keith Whittington as the center’s inaugural director, highlighting his expertise in constitutional theory and leadership.

Whittington expressed his gratitude toward Gerken and the Law School for their enthusiasm and support in launching the new center.

“The 50th anniversary of the Woodward Report is a very happy coincidence for being able to launch the center,” said Whittington. “It’s a useful and important opportunity to use the report as a vehicle for talking through important issues about free speech and free expression on campus, as well as their particular legacy here at Yale.”

Whittington then expanded on the long-term significance of the Woodward Report’s inclusion of “soaring rhetoric” about the importance of free expression on campuses and the relationship between free speech and the established mission of the University.

The first panel featured remarks from scholars, practicing attorneys and Yale Law professors, who discussed the difference between free speech and academic freedom in the context of the University’s current landscape.

Sterling Professor of Law and Former Dean of Yale Law School Robert Post emphasized the need for Yale to amend its governing documents to better serve what he views as the University’s “twin missions of research and of teaching” by promoting academic freedom, which he views as having a “tiny different structure” from the freedom of speech.

“Here at Yale, we have no particular account of academic freedom,” said Post. “In fact, if you look at our documents to say, ‘Where [is] our protection for academic freedom,’ we don’t have it.”

Law professor Kate Stith, a fellow panelist, agreed with Post that the Woodward Report is indeed “not about academic free speech.”

Stith noted a shift from prioritizing free speech and scholarship to incorporating social and political justice goals on Yale’s campus.

The second panel featured remarks from leading academics visiting from other universities, including Harvard Law professor Randall Kennedy, University of Pennsylvania professor Sigal Ben-Porath, University of Richmond President emeritus Ronald Crutcher and Carleton College professor Amna Khalid.

The panel debated whether universities should be mandated to teach citizenship and leadership for the public good. The panel discussed the idea of students advocating for the “disinvitation” of speakers from campus events.

The conference was closed with a speech by Judge James C. Ho of the U.S Fifth Circuit Court of Appeals. In his remarks, Ho emphasized the importance of respecting people who hold different viewpoints.

“We could approach disagreement with a presumption of good faith, with the assumption that there’s always something we can learn from our fellow man,” Ho said.

Ho added that freedom of speech is not a protection of “easy” speech that echoes commonly held beliefs. Rather, he highlighted that freedom of speech protects “uncomfortable” speech that goes against the majority opinion.

In 2022, Ho called for a boycott of hiring law clerks from Yale Law School, citing the University’s alleged tolerance for “cancel culture.” Since announcing this position, Ho has been on Yale’s campus for various events, such as one hosted by the Buckley Institute.

“My goal is that people not feel like second-class citizens because of the viewpoints they hold,” Ho told the News.

The Center for Academic Freedom and Free Speech was launched in the fall.