I was a bit perplexed that in defending YLS's commitment to free speech, Dean Gerken noted that "the faculty revised our disciplinary code and adopted a policy prohibiting surreptitious recordings that mirrors policies that the University of Chicago and other peer institutions have put in place to encourage the free expression of ideas."
From the proverbial "veil of ignorance," this may indeed be a good policy.
But in context, one may recall that the only reason that the law school's egregious bullying of a student involved in the ridiculous "trap house" scandal came to light was because the student, Trent Colbert, surreptitiously recorded statements made to him by two administrators, to wit:
