08-08-2024
In July, Sullivan & Cromwell confirmed that it intended to scrutinize their applicants' student behavior, checking for any involvement with pro-Palestinian student groups. The firm planned to review social media, news reports, and protest footage for explicit examples of antisemitism and "triggering" statements, such as "From the river to the sea, Palestine will be free." Even students merely involved with protests where others used these questionable slogans would be scrutinized by the firm. The firm will not directly ask applicants for their opinions on the current Israeli war. Sullivan & Cromwell is a high-profile Wall Street law firm that has large banks and billionaire investors as clients.
Several prominent attorneys sent a letter to Sullivan & Cromwell to protest its policy. They pushed back on the firm's lack of procedural safeguards for the applicants, its block of their free speech rights, and its infringement on the right to protest. The lawyers also suggested the firm may violate federal anti-discrimination laws by vetting applicants for antisemitism. That vetting may result in discrimination against Arab Americans. The lawyers asserted, "Silencing, chilling or deterring speech that offends no civil or criminal prohibition subtracts from our democratic dispensation and the health of civil society." The protesting attorneys sent their letter to other law firms and some law schools. They hope their public letter will deter other law firms from adopting a similar policy.