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In letter to Dean Robert Schapiro, the Foundation for Individual Rights in Education writes: "Smith’s post on his personal blog is an exercise of extramural expression, a right USD Law expressly provides to its faculty.... Accordingly, we call on USD Law to immediately disband its investigation into Smith."

In a personal blog post, Professor Thomas Smith used colorful language to attack the Chinese government over the coronavirus, but student activists falsely claim he disparaged Chinese people as an ethnic group, and Dean Robert Schapiro has denounced the professor, who now faces law school and university bias investigations.