Given the facts as presented, I think Volokh is 100% right on this one.
It's a shame he wasn't so quick to come to the defense of academic freedom when left-wing speech was at issue at Stanford.
(In that case, last year, Stanford fired radical attorney Lynne Stewart from a paid short-term post as a public interest mentor for Stanford law students (to which she had been appointed based on her extensive experience in criminal defense work) explicitly because of her political views (in particular, her view that sometimes violence is justified to bring about social and economic change). In her magnanimity, Dean Kathleen Sullivan of Stanford didn't have the police remove Ms. Stewart from campus, when she agreed to perform the services for free. Professor Volokh's rationalizations in defense of this action are available at the preceding link, and in subsequent posts at his site.)
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