Should law students publicize embarrassing or distasteful activities of their classmates that arise in the classroom?

The answer, in my view, is an obvious and resounding “no.” But a recent piece in an online subsidiary of the Graham Holdings Company suggests otherwise.

That piece (which I won’t link to) describes the actions of a law student at a selective law school in a Zoom classroom setting of a law school class. Some of his classmates found his behavior embarrassing or distasteful, described by some as “provocative” or “inappropriate.” The online piece included a screen shot of the student in the classroom, presumably captured and shared by a fellow classmate. Other classmates described this student's behavior and participation in other classes, editorializing their disapproval of his comments in other classes.

The students had enough self-awareness to speak anonymously, because their school “might punish them for revealing details of a class.”

In my view, this is not a close case. Students should not publicize the activities or comments about their fellow students in the classroom—even if they are embarrassing or distasteful.

First, while some comments or activities might be embarrassing or distasteful to some, they might not be to all. This then drives students to selectively capture and share embarrassing or distasteful remarks to a select audience to critique.

Granted, there is, I think, a distinction between activities in the classroom and comments in the classroom—the latter often being used to advance academic discourse. But this Graham Holdings piece made sure to include commentary about the student’s comments, too, with editorialized statements of disapproval.

Second, there are real questions about a student’s state of mind. What might be embarrassing or distasteful to some might simply be an accident, an oversight, or a mere lack of sensitivity. I can only think of the number of times I’ve used a word or phrase in the classroom intending no offense but adversely affecting some. Public shaming presumes culpability.

Third, there are particular concerns that arise in a virtual setting. Students inadvertently leave cameras or microphones on when engaging in any number of personal activities. Their cameras might capture the intimate contents of their bedroom. We should most strongly discourage publicizing what we perceive as embarrassing or distasteful activities in these circumstances.

Fourth, there’s a question of proper channels. If a student engages in threatening or harmful behavior, reports to the professor, the administration, and the police may be in order. If the activity is embarrassing or distasteful, a student ought to send an email or a text to the student in question with a remark along the lines of, “I don’t know if you know your camera is on, but it looks like you’re doing X, and it might not be the best thing to have on camera.”

Even assuming a student deliberately engages in provocative behavior, it’s hard for me to think of circumstances that would justify intruding upon the classroom to publicize it. Other students in the class may justifiably wonder if their activities—perhaps innocent, perhaps accidental, perhaps deliberate but in furtherance of academic discourage—would be later publicized for shaming. The slippery slope or the chilling effect is perhaps overused in legal circles. But I think it’s a justifiable concern here, where expectations of privacy in the classroom are particularly high.

Sadly, the salient feature for others in this encounter is one I deliberately haven’t mentioned until now. There is a politically-charged element to the activity, the commentary, and the reaction to the story. While that is assuredly the driving force behind the controversy at hand, I hope that the framing of my approach to this questions applies without regard to political valence. For others, the political valence is the justification or the excuse for the disclosure. For me, however, I can’t say that it is. Students simply shouldn’t publicize embarrassing or distasteful activities of their fellow students that arise in the classroom, even if they profoundly disagree on the politics.