Let’s see what the problem might be:  Duke professors have jumped to conclusions, based upon politically correct assumptions designed to inflame racial conflict, at the expense of one set of students for the benefit of another.  These guardians of intellectual freedom, who acted precipitously and utterly without foundation, to taint the wealthy, white Lacrosse players as not merely rapists, but racists, and thereby condemn an institution for its quasi-covert but pervasive racism, seized upon a developing incident to foment hatred.  Oh yeah.  And they were completely, totally, utterly wrong about everything.

Judge Bellacosa speaks out for the integrity of those who are given the honor of shaping the minds of our youth in institutions of higher learning, by asking that those who, in their self-serving zeal, violated every precept of integrity by their attack first, learn the facts later, approach.  These 88 professors, caught up in the overwhelming opportunity to use the incident they so desperately wanted to believe happened to further a secondary agenda, were all too happy to sacrifice the lives of three innocent boys.

The thing that bothers me most here, however, is that Law Prof Dave is a very smart guy, and I’m sure could have figured this out on his own under other circumstances.  So why is this so difficult for him to grasp?  I have a suspicion.  Perhaps the problem arises from his being a professor, the 88 being professors, and some misguided circling of the wagons.  Though Judge Bellacosa is now a dean, he has let his ability to see be clouded by his new reference group. 

On the other hand, have the law profs found that their common ground (and mutual protection/admiration society) justifies ignoring intellectual integrity when it’s one (or 88) of your own, then the whole shebang falls apart.  Whether the answer is to shun the 88, as Judge Bellacosa suggests, or merely to note the egregious error of their way and rebuke them for their disingenuous attack, isn’t really the point.  Free speech is fine.  Speaking out against racism is great.  But inflaming blind hatred against innocent people, particularly without benefit of factual basis; that’s a problem.  It’s just not that hard to grasp.