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Law Professors On Twitter – Above the LawAbove the Law

Daily Legal Briefing by Daily Legal Briefing
December 15, 2021
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Law Professors On Twitter – Above the LawAbove the Law
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twitter birdSay you’re in eighth grade. You walk up to a group and call them names while shoving one. Then they all kick the shit out of you. You insult and shove them a few more times. Then you run to the principal and claim you are being ganged up on.

What’s that called?

I’m asking for an academic or two.

You see, I think the problem with academics on Twitter is people say on tweets what they would not say to that same audience if they were in person. And that’s what gets academics in trouble.

A law professor tweeted, “Well, NY public defenders have shown their asses, filing an amicus brief in FAVOR of unlimited gun rights. What could go wrong? Never, ever listen to public defenders on any issue of public policy. They’re stupid and arrogant, a toxic combination.”

The professor walked back the statement, suggesting she was intending to only attack the writers of the document. But that’s not what she wrote. Just read the quote again.

The problem, with the initial statement is that if she had just walked it back, this would be over. If she had just clarified her issue was about the substance of the brief and perhaps apologized for the generalization, then things would have died down. Instead, it’s gotten quite wild. Double downs, triple downs, and … well, I think we’re in the teens, now.

This isn’t the first time this has happened. Law professors seem surprised when Twitter turns on them. There are a few reasons why this keeps happening, and it has little to do with Twitter and everything to do with how professors phrase things.

So, let me give a little advice. If you are going to present an intellectual position, then perhaps consider this.

1. You can have an opinion about a subject matter. I’m not saying you can’t have an opinion. But it isn’t an intellectual argument if it is merely an ad hominem about people who disagree with you.

2. Don’t mischaracterize people’s views. I see this quite often where professors will overstate the critique they receive. Here’s an example:

Me: I don’t like pineapple on pizza.

Professor: So you’re saying pineapple is the devil and you want to eradicate it everywhere? What about the populations that make a living off of pineapple.

3. Your claim of objectivity is disingenuous. Calling opposing views unhinged, hysterical, unbalanced, etc. is a great away to assert by implication you are hinged, rational, and balanced.

I’ll just add here that pretending to be objective and pointing out everyone else’s subjectivity is not the same as being objective. It just means you are not being honest about your subjective bias.

4. If you claim that you are being ganged up on, you need to ask yourself if you threw the first punch. Because yeah, if you walk into a room of people and tell them they all suck and hit one of them, you’re going to get some feedback.

5. Don’t be condescending. You see, and I’ll explain this slowly, so you understand, when you’re condescending, people aren’t going to listen to your position. See what I did there?

6. Maybe don’t block people just because they disagree with you? There are few professors out there that block with abandon. Hey, it’s your Twitter account. But the question is: Are you just on Twitter to tell people what you think or to engage with people? Only those that agree with you? Are you now the “professor who blocks people because they don’t like ideas contrary to their own?”

7. Don’t deny people’s emotional responses. This is related to condescension.  Your intellectual instinct is the Supreme Court won’t completely overturn Roe v. Wade. Great! Telling people to stop worrying their heads about it is still dismissive. And it will be a really bad look if you are wrong.

Bottom line: If you want to talk about ideas, then avoid attacking people. Because once you break into street rules, everyone is happy to reciprocate. I know when someone throws ad hominem my way, I’m happy to reciprocate, too.

So, keep to the high road, or you’ll play by the street rules. And that’s fine if you want to play by the street rules. But if you walk by a group of people and call them all idiots, don’t claim they bullied you.


LawProfBlawg is an anonymous professor at a top 100 law school. You can see more of his musings here. He is way funnier on social media, he claims. Please follow him on Twitter (@lawprofblawg). Email him at lawprofblawg@gmail.com.





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