UC Berkeley Faces Discrimination Lawsuit Over Free Speech
Community College Professors Allege New Diversity Policies Infringe on Academic Freedom
Some Terms and Conditions May Apply...
Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested
'Not the Ideal Messenger' Delivers Messages to Congress
Trump Signs Executive Order Requiring Colleges to Back Free Speech or Lose Funding
Free Speech in the Eye of the Beholder
UC Berkeley and College Republicans Settle Free Speech Case
Supreme Court Takes On Case About Free Speech and Abortion
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He also taught journalism classes at Fremont High School in East Oakland.\r\n\r\nEmail: mgreen@kqed.org; Twitter: @MGreenKQED","avatar":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twitter":"MGreenKQED","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["administrator"]},{"site":"lowdown","roles":["administrator"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["administrator"]},{"site":"education","roles":["editor"]},{"site":"quest","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Matthew Green | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/matthewgreen"},"markfiore":{"type":"authors","id":"3236","meta":{"index":"authors_1591205172","id":"3236","found":true},"name":"Mark Fiore","firstName":"Mark","lastName":"Fiore","slug":"markfiore","email":"mark@markfiore.com","display_author_email":false,"staff_mastheads":["news"],"title":"KQED News Cartoonist","bio":"\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"agarces":{"type":"authors","id":"11367","meta":{"index":"authors_1591205172","id":"11367","found":true},"name":"Audrey Garces","firstName":"Audrey","lastName":"Garces","slug":"agarces","email":"agarces@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"Digital Producer","bio":"Audrey is a former digital producer at KQED News. Previously, she was a KQED Raul Ramirez Diversity Fund intern where she developed stories that focused on highlighting diverse voices in journalism. Prior to her work at KQED, she worked as a news intern at the San Francisco Examiner. Audrey graduated from San Francisco State University with a B.A. in journalism and a minor in political science.","avatar":"https://secure.gravatar.com/avatar/5211bc2e6a809b9956da169e35ce63d5?s=600&d=blank&r=g","twitter":"audgar","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["editor"]},{"site":"perspectives","roles":["administrator"]}],"headData":{"title":"Audrey Garces | KQED","description":"Digital Producer","ogImgSrc":"https://secure.gravatar.com/avatar/5211bc2e6a809b9956da169e35ce63d5?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/5211bc2e6a809b9956da169e35ce63d5?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/agarces"},"mwiley":{"type":"authors","id":"11526","meta":{"index":"authors_1591205172","id":"11526","found":true},"name":"Michelle Wiley","firstName":"Michelle","lastName":"Wiley","slug":"mwiley","email":"mwiley@KQED.org","display_author_email":true,"staff_mastheads":[],"title":null,"bio":"Michelle Wiley was the senior editor of weekends.","avatar":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g","twitter":"michelleewiley","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"lowdown","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"podcasts","roles":["editor"]}],"headData":{"title":"Michelle Wiley | KQED","description":null,"ogImgSrc":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/mwiley"}},"breakingNewsReducer":{},"campaignFinanceReducer":{},"firebase":{"requesting":{},"requested":{},"timestamps":{},"data":{},"ordered":{},"auth":{"isLoaded":false,"isEmpty":true},"authError":null,"profile":{"isLoaded":false,"isEmpty":true},"listeners":{"byId":{},"allIds":[]},"isInitializing":false,"errors":[]},"navBarReducer":{"navBarId":"news","fullView":true,"showPlayer":false},"navMenuReducer":{"menus":[{"key":"menu1","items":[{"name":"News","link":"/","type":"title"},{"name":"Politics","link":"/politics"},{"name":"Science","link":"/science"},{"name":"Education","link":"/educationnews"},{"name":"Housing","link":"/housing"},{"name":"Immigration","link":"/immigration"},{"name":"Criminal 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Breakdown","link":"/podcasts/politicalbreakdown"}]},{"key":"menu4","items":[{"name":"Live Radio","link":"/radio","type":"title"},{"name":"TV","link":"/tv","type":"title"},{"name":"Events","link":"/events","type":"title"},{"name":"For Educators","link":"/education","type":"title"},{"name":"Support KQED","link":"/support","type":"title"},{"name":"About","link":"/about","type":"title"},{"name":"Help Center","link":"https://kqed-helpcenter.kqed.org/s","type":"title"}]}]},"pagesReducer":{},"postsReducer":{"stream_live":{"type":"live","id":"stream_live","audioUrl":"https://streams.kqed.org/kqedradio","title":"Live Stream","excerpt":"Live Stream information currently unavailable.","link":"/radio","featImg":"","label":{"name":"KQED Live","link":"/"}},"stream_kqedNewscast":{"type":"posts","id":"stream_kqedNewscast","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/newscast.mp3?_=1","title":"KQED Newscast","featImg":"","label":{"name":"88.5 FM","link":"/"}},"news_11969165":{"type":"posts","id":"news_11969165","meta":{"index":"posts_1591205157","site":"news","id":"11969165","score":null,"sort":[1701963045000]},"guestAuthors":[],"slug":"lawsuit-intensifies-spotlight-on-free-speech-controversies-at-uc-berkeley","title":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech","publishDate":1701963045,"format":"standard","headTitle":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech | KQED","labelTerm":{},"content":"\u003cp>Long revered as the birthplace of the free speech movement in the ’60s, UC Berkeley now finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\u003c/p>\n\u003cp>Tempers are running high on all sides amid the bloodshed in the Middle East, which has already claimed thousands of lives, exposing ideological rifts between students and professors at the law school, spurring a \u003ca class=\"external\" href=\"https://brandeiscenter.com/wp-content/uploads/2023/11/Brandeis-Center-Complaint-11.28.2023.pdf\" target=\"_blank\" rel=\"noopener\">discrimination lawsuit (PDF) \u003c/a>against the UC system and setting off a broader a debate over who gets to define the boundaries of First Amendment protections, a drama heightened by Berkeley’s legendary status as the heart of the ’60s student protest movement.\u003c/p>\n\u003cp>“It’s emblematic of the polarized times that we live in. We can’t begin to decide what the contours of expressive rights are,” said Will Creeley, the legal director of the Foundation for Individual Rights and Expression, a free-speech advocacy group. “In our pluralistic democracy, there are going to be groups out there with beliefs that you don’t share, that maybe the majority of Americans don’t share. But that’s what our system of government kind of defends and requires. We believe in groups of citizens banding together, even groups of citizens with unpopular ideas. That’s what the First Amendment protects.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Will Creeley, legal director, Foundation for Individual Rights and Expression\"]‘Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.’[/pullquote]The war of words first flared last summer when a student group, Law Students for Justice in Palestine, adopted a bylaw that banned supporters of Zionism from speaking at its events. Roughly 22 other student groups have adopted variations of this bylaw.\u003c/p>\n\u003cp>“As law students, we must utilize our privilege in amplifying the voices of indigenous movements for liberation and engage in the academic and political boycott that is essential to furthering goals of freedom,” as the LSJP group noted on its \u003ca class=\"external\" href=\"https://www.instagram.com/p/CyQ5vo9rkyX/?hl=en\" target=\"_blank\" rel=\"noopener\">Instagram\u003c/a> page, framing the bylaw issue as a matter of free speech. Members of the group did not respond to messages seeking comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Others view the bylaws as discriminatory toward Jewish students, faculty and invited speakers. Steven Davidoff Solomon, a noted professor of corporate law, took offense at the bylaw, firing off \u003ca class=\"external\" href=\"https://www.wsj.com/articles/dont-hire-my-anti-semitic-law-students-protests-colleges-universities-jews-palestine-6ad86ad5\" target=\"_blank\" rel=\"noopener\">an op-ed in the Wall Street Journal \u003c/a>urging employers: “Don’t Hire My Anti-Semitic Law Students.”\u003c/p>\n\u003cp>“The student conduct at Berkeley is part of the broader attitude against Jews on university campuses that made last week’s massacre possible,” he wrote in the aftermath of the Hamas attack on Israel on Oct. 7.\u003c/p>\n\u003cp>In response to that commentary, a group of alumni wrote an open letter to Erwin Chemerinsky, the dean of the law school, calling on him to uphold the rights of all students. The letter argued that Solomon conflated “support for the Palestinian people or criticism of the Israeli government with antisemitism.”\u003c/p>\n\u003cp>Chemerinsky responded by voicing the school’s commitment to freedom of speech, including language that “others find offensive, even deeply offensive.” Excluding speakers based on race, religion, sex or sexual orientation would not be allowed, he said, but excluding speakers based on viewpoint is a different matter.\u003c/p>\n\u003cp>“Student organizations have the First Amendment right to choose speakers based on viewpoint,” Chemerinsky said. “The College Republicans can choose to invite only conservative speakers. The Women of Berkeley Law can choose to invite only pro-choice speakers. I think that is quite clear.”\u003c/p>\n\u003cp>However, if you consider anti-Zionist to be synonymous with antisemitic, as some do, then excluding Zionist speakers can be seen as a discriminatory act.\u003c/p>\n\u003cp>“Nobody’s saying you have to include a program on a position that you disagree with,” said Alyza D. Lewin, president of the Brandeis Center For Human Rights under the Law. “They’re saying you cannot exclude an individual on the basis of their identity. That is a form of discrimination they need to address. You can’t have groups saying, ‘Zionists aren’t welcome,’ because that’s excluding Jews on the basis of an integral component of what it means to be a Jew.”\u003c/p>\n\u003cp>That’s among the reasons the Brandeis Center and Jewish Americans for Fairness in Education are \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">suing\u003c/a> UC Berkeley for what they characterize as the “longstanding, unchecked spread of anti-Semitism” on campus. The suit argues that anti-Zionism is a form of antisemitism and that the student group bylaws violate the 14th Amendment’s equal protection clause, the First Amendment right to freedom of religion and Title VI of the Civil Rights Act.\u003c/p>\n\u003cp>“Conditioning a Jew’s ability to participate in a student group on his or her renunciation of a core component of Jewish identity is no less pernicious than demanding the renunciation of some other core element of a student’s identity — whether based on race, ethnicity, gender, or sexual identity,” as the \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">lawsuit \u003c/a>said.\u003c/p>\n\u003cp>Others reject the notion of equating antisemitism with anti-Zionism.\u003c/p>\n\u003cp>“I am wary of that argument for a couple reasons. First of all, I do think there is a distinction between anti-Zionism and antisemitism,” Creeley said. “You have a First Amendment right to criticize Israel. That’s core political speech.”\u003c/p>\n\u003cp>Still, the question became a hot-button issue when more than two dozen Wall Street law firms signed a \u003ca class=\"external\" href=\"https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjlxxodvr/Letter%20to%20Law%20School%20Deans.pdf\" target=\"_blank\" rel=\"noopener\">letter warning deans at top law schools (PDF)\u003c/a> that they have “zero tolerance policies for any form of discrimination or harassment, much less the kind that has been taking place on some law school campuses.” \u003ca class=\"external\" href=\"https://www.reuters.com/legal/litigation/davis-polk-revokes-jobs-harvard-columbia-law-students-over-statements-israel-2023-10-17/\" target=\"_blank\" rel=\"noopener\">Harvard, Columbia\u003c/a> and \u003ca class=\"external\" href=\"https://www.businesswire.com/news/home/20231010192191/en/\" target=\"_blank\" rel=\"noopener\">NYU\u003c/a> students have already lost job offers over “inflammatory remarks.”\u003c/p>\n\u003cp>Other voices, however, defend the right of student groups to invite whomever they choose to speak on campus. For instance, it has been noted that some\u003ca class=\"external\" href=\"https://www.insidehighered.com/news/2013/12/11/swarthmore-hillel-rejects-ban-anti-israel-speakers#:~:text=Those%20guidelines%20stipulate%20that%20Hillel,sanctions%20(BDS)%20movement%20against%20Israel\" target=\"_blank\" rel=\"noopener\"> chapters of Hillel,\u003c/a> the Jewish student group on college campuses, have rules prohibiting speakers who “delegitimize” Israel.\u003c/p>\n\u003cp>“If you are a public university, you can’t require your belief-based student groups to either adopt or disavow certain beliefs,” said Creeley. “Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.”\u003c/p>\n\u003cp>But some argue that freedom of speech should not trample on the freedom of religion. Kenneth Marcus, chairman and founder of the Brandeis Center as well as \u003ca class=\"external\" href=\"https://www.nytimes.com/2020/07/27/us/politics/kenneth-marcus-education-department.html\" target=\"_blank\" rel=\"noopener\">the civil rights chief\u003c/a> of the U.S. Education Department during the Trump administration, has likened the bylaws to the \u003ca class=\"external\" href=\"https://jewishjournal.com/commentary/opinion/351854/berkeley-develops-jewish-free-zones/\" target=\"_blank\" rel=\"noopener\">“Jewish-free zones”\u003c/a> of the past.\u003c/p>\n\u003cp>“The school is quick to address other types of hatred, but why not antisemitism?” as Marcus, a Berkeley law school alumnus, has put it. “Berkeley, once a beacon of free speech, civil rights and equal treatment of persons regardless of race, religion, ethnicity, national origin, gender and sexual orientation, is heading down a very different and dangerous path from the one I proudly attended as a Jewish law student.”\u003c/p>\n\u003cp>Hannah Schlacter, a second-year MBA student at UC Berkeley’s Haas School of Business who is part of Jewish Americans for Fairness in Education, one of the plaintiffs in the lawsuit, said she feels unsafe on campus.\u003c/p>\n\u003cp>“I sense a hostile campus environment towards Jewish students who express their Jewish identity in certain ways. This was the case before 10/7, but it became even more so after 10/7,” she said. “If I express a part of my Jewish identity, like holding a flag of the Jewish homeland, then if I am assaulted, the university has demonstrated they will not investigate nor call it hate crime.”\u003c/p>\n\u003cp>The dean of the law school, a constitutional law scholar who is Jewish, refutes the central tenet of the suit.\u003c/p>\n\u003cp>“There is no ‘longstanding, unchecked antisemitism’ on the Berkeley campus,” Chemerinsky said. “I have been here six and a half years, and it is just a false narrative. I doubt the people who wrote it have been on campus.”\u003c/p>\n\u003cp>At the core of the debate is how you define freedom of speech, which has become an increasingly contentious matter in itself in recent years. Some say there’s not as much common ground on what constitutes free speech and its critical role in feeding a lively marketplace of ideas, the foundation of any participatory democracy, as there once was.\u003c/p>\n\u003cp>“I have been teaching First Amendment law for 44 years, and I think there is less consensus about free speech than there used to be,” Chemerinsky said. “The first seven weeks of this semester were calm and easy. Since Oct. 7, it has been difficult on our campus and on campuses across the country.”\u003c/p>\n\u003cp>For his part, the dean has also blamed the media, suggesting that many outlets \u003ca class=\"external\" href=\"https://www.thedailybeast.com/there-are-no-jewish-free-zones-on-the-uc-berkeley-campus\" target=\"_blank\" rel=\"noopener\">have overblown the controversy\u003c/a>, pouring fuel on the fire.\u003c/p>\n\u003cp>“What is the proper role of the university? To be a place where all ideas and views are discussed,” he wrote. “At my law school, the Law Students for Justice in Palestine bring in speakers and hold programs to express their views. At the same time, the Helen Diller Institute for Jewish Law and Israel Studies holds many programs.”\u003c/p>\n\u003cp>Lewin disagrees that institutional neutrality is the best approach to combat a rising tide of bias. The suit argues that the university failed to address antisemitic incidents on campus following the Oct. 7 Hamas attacks on Israel. In one campus incident, the lawsuit alleges, a Jewish student draped in an Israeli flag was assaulted by two protesters who hit him in the head with his water bottle.\u003c/p>\n\u003cp>There has also been a rise in anti-Islamic incidents. Pro-Palestinian students have reported being harassed and threatened in the wake of Oct. 7, \u003ca class=\"external\" href=\"https://news.berkeley.edu/2023/11/03/chancellor-carol-christ-reaffirming-our-community\" target=\"_blank\" rel=\"noopener\">according to university officials.\u003c/a>\u003c/p>\n\u003cp>“Hate doesn’t start with violence. Hate starts with biased attitudes,” Lewin said. “It starts with stereotypes. And then it builds. The reason we’re now seeing the violence is because for all those years when the biased attitudes, the stereotypes, the slurs, the shunning were taking place, the university said we’re not doing anything.”\u003c/p>\n\u003cp>Certainly, the law school is far from being alone in grappling with these thorny issues. Cases of both Islamophobia and antisemitism have been spiking on campuses across the country. These mounting incidents have prompted a federal response, with President Joe Biden’s Department of Education \u003ca class=\"external\" href=\"https://www.axios.com/2023/11/29/harvard-nyc-public-schools-antisemitism-investigation\" target=\"_blank\" rel=\"noopener\">announcing investigations\u003c/a> into antisemitism and Islamophobia at a growing number of universities, including Harvard, Columbia and Cornell.\u003c/p>\n\u003cp>“Of all the issues we deal with, of all the topics of speech, abortion, Trump, politics, whatever, Israel and Palestine has always been the most intensely felt. And that was true before Oct. 7. Now, holy moly,” Creeley said. “It’s the intensity of the feelings on both sides and the decades of historical precedent, the general feeling of bitterness and hopelessness. It all coagulates into a very toxic stew on campus.”\u003c/p>\n\u003cp>The social strife rampant on campuses across the country, experts say, may reflect a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/22/heckling-to-be-heard-why-bay-area-protesters-have-increasingly-become-government-disruptors/\" target=\"_blank\" rel=\"noopener\">deeply divided nation\u003c/a> coping with myriad crises, foreign and domestic. This has spread far beyond campuses to society at large, with \u003ca class=\"external\" href=\"https://apnews.com/article/oakland-israel-hamas-cease-fire-947cc31f56055c056768136100d09547\" target=\"_blank\" rel=\"noopener\">Oakland’s City Council\u003c/a> passing a resolution calling for a cease-fire in Gaza. Demonstrators recently \u003ca class=\"external\" href=\"https://www.cbsnews.com/sanfrancisco/pictures/photos-demonstration-demanding-cease-fire-in-gaza-shuts-down-westbound-bay-bridge/\" target=\"_blank\" rel=\"noopener\">shut down the San Francisco Bay Bridge\u003c/a> while others staged a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/13/calling-for-ceasefire-in-gaza-protesters-take-over-oakland-federal-building/\" target=\"_blank\" rel=\"noopener\">sit-in\u003c/a> at Oakland’s Ronald V. Dellums Federal Building, also urging a cease-fire. Protesters have also delayed a ship, which was believed to be carrying military supplies, for nine hours at the Port of Oakland. The use of \u003ca class=\"external\" href=\"https://www.nytimes.com/2023/11/15/technology/hate-speech-israel-gaza-internet.html#:~:text=Fueled%20by%20the%20conflict%20between,Facebook%20and%20Instagram%2C%20researchers%20said.&text=Sheera%20Frenkel%20and%20Steven%20Lee%20Myers%20reviewed%20thousands%20of%20social,with%20antisemitic%20and%20Islamophobic%20hashtags.\" target=\"_blank\" rel=\"noopener\">hate speech is also rising online.\u003c/a> Common ground is proving elusive on all fronts.\u003c/p>\n\u003cp>Grappling for ways to combat the rising tide of hate, \u003ca href=\"https://edsource.org/2023/uc-pledges-7-million-to-address-islamophobia-antisemitism-on-campuses/700780\">UC President Michael Drake\u003c/a> has pledged $7 million toward addressing “acts of bigotry, intolerance, and intimidation” on campuses.\u003c/p>\n\u003cp>“We have a crisis today on America’s campuses,” as Marcus said in his testimony before the House Committee on Education in a hearing titled “\u003ca class=\"external\" href=\"https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=409731\" target=\"_blank\" rel=\"noopener\">Confronting the Scourge of Antisemitism on Campus\u003c/a>.” “This is an emergency, and I would suggest to this committee that when the problem is exceptional and unprecedented, the solutions need to be unprecedented and exceptional.”\u003c/p>\n\u003cp>Chemerinsky, for one, takes a pragmatic approach to the discord on and off campus in these polarized times. At the law school, he said he hopes to engender a greater sense of civility in the discourse.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I don’t think we can aspire to unity,” he said. “But we can work to create community and to make all students feel included and respected.”\u003c/p>\n\n","blocks":[],"excerpt":"UC Berkeley finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\r\n","status":"publish","parent":0,"modified":1702085448,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":2218},"headData":{"title":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech | KQED","description":"UC Berkeley finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech","datePublished":"2023-12-07T15:30:45.000Z","dateModified":"2023-12-09T01:30:48.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"EdSource","sourceUrl":"https://edsource.org/","sticky":false,"nprByline":"Karen D'Souza","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11969165/lawsuit-intensifies-spotlight-on-free-speech-controversies-at-uc-berkeley","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Long revered as the birthplace of the free speech movement in the ’60s, UC Berkeley now finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\u003c/p>\n\u003cp>Tempers are running high on all sides amid the bloodshed in the Middle East, which has already claimed thousands of lives, exposing ideological rifts between students and professors at the law school, spurring a \u003ca class=\"external\" href=\"https://brandeiscenter.com/wp-content/uploads/2023/11/Brandeis-Center-Complaint-11.28.2023.pdf\" target=\"_blank\" rel=\"noopener\">discrimination lawsuit (PDF) \u003c/a>against the UC system and setting off a broader a debate over who gets to define the boundaries of First Amendment protections, a drama heightened by Berkeley’s legendary status as the heart of the ’60s student protest movement.\u003c/p>\n\u003cp>“It’s emblematic of the polarized times that we live in. We can’t begin to decide what the contours of expressive rights are,” said Will Creeley, the legal director of the Foundation for Individual Rights and Expression, a free-speech advocacy group. “In our pluralistic democracy, there are going to be groups out there with beliefs that you don’t share, that maybe the majority of Americans don’t share. But that’s what our system of government kind of defends and requires. We believe in groups of citizens banding together, even groups of citizens with unpopular ideas. That’s what the First Amendment protects.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Will Creeley, legal director, Foundation for Individual Rights and Expression","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The war of words first flared last summer when a student group, Law Students for Justice in Palestine, adopted a bylaw that banned supporters of Zionism from speaking at its events. Roughly 22 other student groups have adopted variations of this bylaw.\u003c/p>\n\u003cp>“As law students, we must utilize our privilege in amplifying the voices of indigenous movements for liberation and engage in the academic and political boycott that is essential to furthering goals of freedom,” as the LSJP group noted on its \u003ca class=\"external\" href=\"https://www.instagram.com/p/CyQ5vo9rkyX/?hl=en\" target=\"_blank\" rel=\"noopener\">Instagram\u003c/a> page, framing the bylaw issue as a matter of free speech. Members of the group did not respond to messages seeking comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Others view the bylaws as discriminatory toward Jewish students, faculty and invited speakers. Steven Davidoff Solomon, a noted professor of corporate law, took offense at the bylaw, firing off \u003ca class=\"external\" href=\"https://www.wsj.com/articles/dont-hire-my-anti-semitic-law-students-protests-colleges-universities-jews-palestine-6ad86ad5\" target=\"_blank\" rel=\"noopener\">an op-ed in the Wall Street Journal \u003c/a>urging employers: “Don’t Hire My Anti-Semitic Law Students.”\u003c/p>\n\u003cp>“The student conduct at Berkeley is part of the broader attitude against Jews on university campuses that made last week’s massacre possible,” he wrote in the aftermath of the Hamas attack on Israel on Oct. 7.\u003c/p>\n\u003cp>In response to that commentary, a group of alumni wrote an open letter to Erwin Chemerinsky, the dean of the law school, calling on him to uphold the rights of all students. The letter argued that Solomon conflated “support for the Palestinian people or criticism of the Israeli government with antisemitism.”\u003c/p>\n\u003cp>Chemerinsky responded by voicing the school’s commitment to freedom of speech, including language that “others find offensive, even deeply offensive.” Excluding speakers based on race, religion, sex or sexual orientation would not be allowed, he said, but excluding speakers based on viewpoint is a different matter.\u003c/p>\n\u003cp>“Student organizations have the First Amendment right to choose speakers based on viewpoint,” Chemerinsky said. “The College Republicans can choose to invite only conservative speakers. The Women of Berkeley Law can choose to invite only pro-choice speakers. I think that is quite clear.”\u003c/p>\n\u003cp>However, if you consider anti-Zionist to be synonymous with antisemitic, as some do, then excluding Zionist speakers can be seen as a discriminatory act.\u003c/p>\n\u003cp>“Nobody’s saying you have to include a program on a position that you disagree with,” said Alyza D. Lewin, president of the Brandeis Center For Human Rights under the Law. “They’re saying you cannot exclude an individual on the basis of their identity. That is a form of discrimination they need to address. You can’t have groups saying, ‘Zionists aren’t welcome,’ because that’s excluding Jews on the basis of an integral component of what it means to be a Jew.”\u003c/p>\n\u003cp>That’s among the reasons the Brandeis Center and Jewish Americans for Fairness in Education are \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">suing\u003c/a> UC Berkeley for what they characterize as the “longstanding, unchecked spread of anti-Semitism” on campus. The suit argues that anti-Zionism is a form of antisemitism and that the student group bylaws violate the 14th Amendment’s equal protection clause, the First Amendment right to freedom of religion and Title VI of the Civil Rights Act.\u003c/p>\n\u003cp>“Conditioning a Jew’s ability to participate in a student group on his or her renunciation of a core component of Jewish identity is no less pernicious than demanding the renunciation of some other core element of a student’s identity — whether based on race, ethnicity, gender, or sexual identity,” as the \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">lawsuit \u003c/a>said.\u003c/p>\n\u003cp>Others reject the notion of equating antisemitism with anti-Zionism.\u003c/p>\n\u003cp>“I am wary of that argument for a couple reasons. First of all, I do think there is a distinction between anti-Zionism and antisemitism,” Creeley said. “You have a First Amendment right to criticize Israel. That’s core political speech.”\u003c/p>\n\u003cp>Still, the question became a hot-button issue when more than two dozen Wall Street law firms signed a \u003ca class=\"external\" href=\"https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjlxxodvr/Letter%20to%20Law%20School%20Deans.pdf\" target=\"_blank\" rel=\"noopener\">letter warning deans at top law schools (PDF)\u003c/a> that they have “zero tolerance policies for any form of discrimination or harassment, much less the kind that has been taking place on some law school campuses.” \u003ca class=\"external\" href=\"https://www.reuters.com/legal/litigation/davis-polk-revokes-jobs-harvard-columbia-law-students-over-statements-israel-2023-10-17/\" target=\"_blank\" rel=\"noopener\">Harvard, Columbia\u003c/a> and \u003ca class=\"external\" href=\"https://www.businesswire.com/news/home/20231010192191/en/\" target=\"_blank\" rel=\"noopener\">NYU\u003c/a> students have already lost job offers over “inflammatory remarks.”\u003c/p>\n\u003cp>Other voices, however, defend the right of student groups to invite whomever they choose to speak on campus. For instance, it has been noted that some\u003ca class=\"external\" href=\"https://www.insidehighered.com/news/2013/12/11/swarthmore-hillel-rejects-ban-anti-israel-speakers#:~:text=Those%20guidelines%20stipulate%20that%20Hillel,sanctions%20(BDS)%20movement%20against%20Israel\" target=\"_blank\" rel=\"noopener\"> chapters of Hillel,\u003c/a> the Jewish student group on college campuses, have rules prohibiting speakers who “delegitimize” Israel.\u003c/p>\n\u003cp>“If you are a public university, you can’t require your belief-based student groups to either adopt or disavow certain beliefs,” said Creeley. “Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.”\u003c/p>\n\u003cp>But some argue that freedom of speech should not trample on the freedom of religion. Kenneth Marcus, chairman and founder of the Brandeis Center as well as \u003ca class=\"external\" href=\"https://www.nytimes.com/2020/07/27/us/politics/kenneth-marcus-education-department.html\" target=\"_blank\" rel=\"noopener\">the civil rights chief\u003c/a> of the U.S. Education Department during the Trump administration, has likened the bylaws to the \u003ca class=\"external\" href=\"https://jewishjournal.com/commentary/opinion/351854/berkeley-develops-jewish-free-zones/\" target=\"_blank\" rel=\"noopener\">“Jewish-free zones”\u003c/a> of the past.\u003c/p>\n\u003cp>“The school is quick to address other types of hatred, but why not antisemitism?” as Marcus, a Berkeley law school alumnus, has put it. “Berkeley, once a beacon of free speech, civil rights and equal treatment of persons regardless of race, religion, ethnicity, national origin, gender and sexual orientation, is heading down a very different and dangerous path from the one I proudly attended as a Jewish law student.”\u003c/p>\n\u003cp>Hannah Schlacter, a second-year MBA student at UC Berkeley’s Haas School of Business who is part of Jewish Americans for Fairness in Education, one of the plaintiffs in the lawsuit, said she feels unsafe on campus.\u003c/p>\n\u003cp>“I sense a hostile campus environment towards Jewish students who express their Jewish identity in certain ways. This was the case before 10/7, but it became even more so after 10/7,” she said. “If I express a part of my Jewish identity, like holding a flag of the Jewish homeland, then if I am assaulted, the university has demonstrated they will not investigate nor call it hate crime.”\u003c/p>\n\u003cp>The dean of the law school, a constitutional law scholar who is Jewish, refutes the central tenet of the suit.\u003c/p>\n\u003cp>“There is no ‘longstanding, unchecked antisemitism’ on the Berkeley campus,” Chemerinsky said. “I have been here six and a half years, and it is just a false narrative. I doubt the people who wrote it have been on campus.”\u003c/p>\n\u003cp>At the core of the debate is how you define freedom of speech, which has become an increasingly contentious matter in itself in recent years. Some say there’s not as much common ground on what constitutes free speech and its critical role in feeding a lively marketplace of ideas, the foundation of any participatory democracy, as there once was.\u003c/p>\n\u003cp>“I have been teaching First Amendment law for 44 years, and I think there is less consensus about free speech than there used to be,” Chemerinsky said. “The first seven weeks of this semester were calm and easy. Since Oct. 7, it has been difficult on our campus and on campuses across the country.”\u003c/p>\n\u003cp>For his part, the dean has also blamed the media, suggesting that many outlets \u003ca class=\"external\" href=\"https://www.thedailybeast.com/there-are-no-jewish-free-zones-on-the-uc-berkeley-campus\" target=\"_blank\" rel=\"noopener\">have overblown the controversy\u003c/a>, pouring fuel on the fire.\u003c/p>\n\u003cp>“What is the proper role of the university? To be a place where all ideas and views are discussed,” he wrote. “At my law school, the Law Students for Justice in Palestine bring in speakers and hold programs to express their views. At the same time, the Helen Diller Institute for Jewish Law and Israel Studies holds many programs.”\u003c/p>\n\u003cp>Lewin disagrees that institutional neutrality is the best approach to combat a rising tide of bias. The suit argues that the university failed to address antisemitic incidents on campus following the Oct. 7 Hamas attacks on Israel. In one campus incident, the lawsuit alleges, a Jewish student draped in an Israeli flag was assaulted by two protesters who hit him in the head with his water bottle.\u003c/p>\n\u003cp>There has also been a rise in anti-Islamic incidents. Pro-Palestinian students have reported being harassed and threatened in the wake of Oct. 7, \u003ca class=\"external\" href=\"https://news.berkeley.edu/2023/11/03/chancellor-carol-christ-reaffirming-our-community\" target=\"_blank\" rel=\"noopener\">according to university officials.\u003c/a>\u003c/p>\n\u003cp>“Hate doesn’t start with violence. Hate starts with biased attitudes,” Lewin said. “It starts with stereotypes. And then it builds. The reason we’re now seeing the violence is because for all those years when the biased attitudes, the stereotypes, the slurs, the shunning were taking place, the university said we’re not doing anything.”\u003c/p>\n\u003cp>Certainly, the law school is far from being alone in grappling with these thorny issues. Cases of both Islamophobia and antisemitism have been spiking on campuses across the country. These mounting incidents have prompted a federal response, with President Joe Biden’s Department of Education \u003ca class=\"external\" href=\"https://www.axios.com/2023/11/29/harvard-nyc-public-schools-antisemitism-investigation\" target=\"_blank\" rel=\"noopener\">announcing investigations\u003c/a> into antisemitism and Islamophobia at a growing number of universities, including Harvard, Columbia and Cornell.\u003c/p>\n\u003cp>“Of all the issues we deal with, of all the topics of speech, abortion, Trump, politics, whatever, Israel and Palestine has always been the most intensely felt. And that was true before Oct. 7. Now, holy moly,” Creeley said. “It’s the intensity of the feelings on both sides and the decades of historical precedent, the general feeling of bitterness and hopelessness. It all coagulates into a very toxic stew on campus.”\u003c/p>\n\u003cp>The social strife rampant on campuses across the country, experts say, may reflect a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/22/heckling-to-be-heard-why-bay-area-protesters-have-increasingly-become-government-disruptors/\" target=\"_blank\" rel=\"noopener\">deeply divided nation\u003c/a> coping with myriad crises, foreign and domestic. This has spread far beyond campuses to society at large, with \u003ca class=\"external\" href=\"https://apnews.com/article/oakland-israel-hamas-cease-fire-947cc31f56055c056768136100d09547\" target=\"_blank\" rel=\"noopener\">Oakland’s City Council\u003c/a> passing a resolution calling for a cease-fire in Gaza. Demonstrators recently \u003ca class=\"external\" href=\"https://www.cbsnews.com/sanfrancisco/pictures/photos-demonstration-demanding-cease-fire-in-gaza-shuts-down-westbound-bay-bridge/\" target=\"_blank\" rel=\"noopener\">shut down the San Francisco Bay Bridge\u003c/a> while others staged a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/13/calling-for-ceasefire-in-gaza-protesters-take-over-oakland-federal-building/\" target=\"_blank\" rel=\"noopener\">sit-in\u003c/a> at Oakland’s Ronald V. Dellums Federal Building, also urging a cease-fire. Protesters have also delayed a ship, which was believed to be carrying military supplies, for nine hours at the Port of Oakland. The use of \u003ca class=\"external\" href=\"https://www.nytimes.com/2023/11/15/technology/hate-speech-israel-gaza-internet.html#:~:text=Fueled%20by%20the%20conflict%20between,Facebook%20and%20Instagram%2C%20researchers%20said.&text=Sheera%20Frenkel%20and%20Steven%20Lee%20Myers%20reviewed%20thousands%20of%20social,with%20antisemitic%20and%20Islamophobic%20hashtags.\" target=\"_blank\" rel=\"noopener\">hate speech is also rising online.\u003c/a> Common ground is proving elusive on all fronts.\u003c/p>\n\u003cp>Grappling for ways to combat the rising tide of hate, \u003ca href=\"https://edsource.org/2023/uc-pledges-7-million-to-address-islamophobia-antisemitism-on-campuses/700780\">UC President Michael Drake\u003c/a> has pledged $7 million toward addressing “acts of bigotry, intolerance, and intimidation” on campuses.\u003c/p>\n\u003cp>“We have a crisis today on America’s campuses,” as Marcus said in his testimony before the House Committee on Education in a hearing titled “\u003ca class=\"external\" href=\"https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=409731\" target=\"_blank\" rel=\"noopener\">Confronting the Scourge of Antisemitism on Campus\u003c/a>.” “This is an emergency, and I would suggest to this committee that when the problem is exceptional and unprecedented, the solutions need to be unprecedented and exceptional.”\u003c/p>\n\u003cp>Chemerinsky, for one, takes a pragmatic approach to the discord on and off campus in these polarized times. At the law school, he said he hopes to engender a greater sense of civility in the discourse.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I don’t think we can aspire to unity,” he said. “But we can work to create community and to make all students feel included and respected.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11969165/lawsuit-intensifies-spotlight-on-free-speech-controversies-at-uc-berkeley","authors":["byline_news_11969165"],"categories":["news_8"],"tags":["news_27626","news_23960","news_18797","news_17597"],"featImg":"news_11969172","label":"source_news_11969165"},"news_11966417":{"type":"posts","id":"news_11966417","meta":{"index":"posts_1591205157","site":"news","id":"11966417","score":null,"sort":[1699192846000]},"guestAuthors":[],"slug":"community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom","title":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom","publishDate":1699192846,"format":"standard","headTitle":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom | KQED","labelTerm":{},"content":"\u003cp>Bill Blanken, a chemistry professor at Reedley College, said a new diversity and equity policy in California’s community colleges amounts to a “loyalty oath” and “compelled speech” that runs afoul of free speech and academic freedom.\u003c/p>\n\u003cp>Blanken, along with five other tenured professors in State Center Community College District, are challenging new California Community College diversity policies that change the way employees are evaluated. A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.\u003c/p>\n\u003cp>“We need legal protection,” Blanken said in an interview with EdSource on Oct. 12.\u003c/p>\n\u003cp>Last year, the Board of Governors for the California Community Colleges adopted new regulations requiring local districts to evaluate employees, including faculty, on their competency in working with a diverse student population. Local districts were required to be in compliance last month.\u003c/p>\n\u003cp>Blanken disagrees with the DEIA policy’s premise that racism is embedded in institutions, including California’s community colleges, or in disciplines such as chemistry, math and physics. He argues that these fields should be taught in a way that is race- and gender-neutral. That is at the crux of the lawsuit by the six plaintiffs.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jill Wagner, spokesperson, State Center Community College District\"]‘DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.’[/pullquote]Filed by free speech advocacy group Foundation for Individual Rights and Expression (FIRE), \u003ca class=\"external\" href=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\">the suit\u003c/a> names California Community College Chancellor Sonya Christian, the board of governors of the California Community Colleges as well as the chancellor and governing board of State Center Community College District.\u003c/p>\n\u003cp>A related suit, filed in June on behalf of Bakersfield College history professor Daymon Johnson, targets the chancellor and board of the Kern Community College District.\u003c/p>\n\u003cp>State Center Community College District, which serves Fresno and surrounding central San Joaquin Valley communities, is one of the first districts in the state to include these new diversity requirements in its \u003ca class=\"external\" href=\"https://www.scccd.edu/_uploaded-files/documents/scccd-scft-agreement-ft-2022-2025-05.9.23-accessible-copy.pdf\" target=\"_blank\" rel=\"noopener\">latest faculty contract (PDF)\u003c/a>. The district said in a statement that it will defend its implementation of the state’s DEIA regulations and its collaborative effort with the State Center Federation of Teachers.\u003c/p>\n\u003cp>“The District now and forever will be a welcoming place for a diverse population, with a commitment to access and inclusion,” wrote Jill Wagner, spokesperson for State Center Community College District. “DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.”\u003c/p>\n\u003cp>The district’s new evaluation process requires instructional faculty to demonstrate “teaching and learning practices that reflect DEIA and anti-racist principles,” in addition to a written self-evaluation on the faculty’s “understanding” of DEIA competencies and “anti-racist principles,” with the goal of improving “equitable student outcomes and course completion.”\u003c/p>\n\u003cp>How these principles will play out in the next rounds of evaluation is still uncertain. Blanken said he has not received guidance from his department. A September memo by State Center’s human resources department noted that the district and academic senate have yet to develop uniform training guidelines for evaluations, and that meanwhile, “evaluatees should, in good faith, review the language in the contract and do their best to speak to how they have demonstrated or shown progress toward practices that embrace the DEIA principles.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Daniel Ortner, the FIRE attorney representing the State Center professors said, “That’s not good enough when free speech is on the line.”\u003c/p>\n\u003cp>Ortner added that broad, undefined regulations could have a “chilling effect” on speech in the classroom. Plaintiffs are particularly concerned about a \u003ca class=\"external\" href=\"https://www.asccc.org/sites/default/files/CCC_DEI-in-Curriculum_Model_Principles_and_Practices_June_2022.pdf\" target=\"_blank\" rel=\"noopener\">framework released by the California Community College Curriculum Committee (PDF)\u003c/a> that warns professors not to “‘weaponize’ academic freedom and academic integrity in an academic discipline or inflict curricular trauma” on historically marginalized students.\u003c/p>\n\u003cp>In the suit, plaintiffs said they have changed the way they teach their classes this semester because of the new DEIA policies. Loren Palsgaard, English professor at Madera Community College, said he will no longer assign texts that contain racial slurs, including Martin Luther King Jr.’s “Letter from Birmingham Jail” and works by William Faulkner and Flannery O’Connor.\u003c/p>\n\u003cp>A response filed on Oct. 2 by California Attorney General Rob Bonta, on behalf of the chancellor and the board of governors challenges the claim the DEIA policies bar professors from using these texts, adding that this framework is not binding and only provides a reference for college districts creating their own DEIA policies.\u003c/p>\n\u003cp>The guidance “expresses competencies the Chancellor’s Office endorses, but does not require,” wrote Melissa Villarin, spokesperson for the state Chancellor’s Office. “The regulations do not impose penalties on district employees. They are intended to contribute to employee professional development.”\u003c/p>\n\u003cp>Erwin Chemerinsky, dean of the UC Berkeley School of Law, said that it is well within a college’s rights to not only prescribe the curriculum for courses but to insist that faculty be sensitive to teaching a diverse student body. He added, however, that schools cannot require that faculty espouse a particular viewpoint in their teaching.\u003c/p>\n\u003cp>“The question is whether this is more the former than the latter,” Chemerinsky wrote in an email to EdSource, adding that he believes the government has a strong argument that this is within its realm of prescribing a curriculum.\u003c/p>\n\u003cp>“It is hard to say on this record that the First Amendment has been violated,” Chemerisky wrote. “It would be different if a teacher was being disciplined and bringing a challenge.” None of the plaintiffs in the suits has been disciplined.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Daniel Ortner, FIRE attorney representing State Center professors\"]‘A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech.’[/pullquote]A separate \u003ca class=\"external\" href=\"https://www.ifs.org/cases/johnson-v-watkin/\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.ifs.org/cases/johnson-v-watkin/\">suit\u003c/a>, filed by the Institute for Free Speech on behalf of Bakersfield College professor Daymon Johnson, points to the firing of Matthew Garrett, a professor who had been critical of DEIA initiatives. Garrett was not subject to new DEIA policies affecting faculty evaluations. However, Johnson’s suit claims that he worries that he, too, could lose his job, because he shares many of the same conservative values and anti-DEIA stances as Garrett.\u003c/p>\n\u003cp>The Kern Community College District said in a statement that Garrett was not terminated because of his opinions on DEIA or other free speech issues.\u003c/p>\n\u003cp>“Matthew Garrett was terminated after a lengthy and detailed examination of his disciplinary violations at Bakersfield College,” said district spokesperson Norma Rojas.\u003c/p>\n\u003cp>Plaintiffs in both suits have asked the court for a preliminary injunction that would prevent the California Community Colleges’ DEIA policy — as well as State Center Community College District’s faculty contract — from going into immediate effect. The request remains pending in federal court, and no hearing date is currently set.\u003c/p>\n\u003cp>Ortner said he is not aware of any other lawsuits from California’s 116 community colleges that are targeting the new DEIA policies, but he’s keeping his eye on the issue statewide.\u003c/p>\n\u003cp>“A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech,” Ortner said. “California colleges are much more aggressive and forward in advocating for these principles.”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://edsource.org/2023/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom/699920\">This story originally appeared in EdSource.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":" A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.","status":"publish","parent":0,"modified":1705885162,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1353},"headData":{"title":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom | KQED","description":" A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom","datePublished":"2023-11-05T14:00:46.000Z","dateModified":"2024-01-22T00:59:22.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"source":"edsource","sourceUrl":"https://edsource.org/","sticky":false,"nprByline":"\u003ca href=\"https://edsource.org/author/egallegos\">Emma Gallegos\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11966417/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Bill Blanken, a chemistry professor at Reedley College, said a new diversity and equity policy in California’s community colleges amounts to a “loyalty oath” and “compelled speech” that runs afoul of free speech and academic freedom.\u003c/p>\n\u003cp>Blanken, along with five other tenured professors in State Center Community College District, are challenging new California Community College diversity policies that change the way employees are evaluated. A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.\u003c/p>\n\u003cp>“We need legal protection,” Blanken said in an interview with EdSource on Oct. 12.\u003c/p>\n\u003cp>Last year, the Board of Governors for the California Community Colleges adopted new regulations requiring local districts to evaluate employees, including faculty, on their competency in working with a diverse student population. Local districts were required to be in compliance last month.\u003c/p>\n\u003cp>Blanken disagrees with the DEIA policy’s premise that racism is embedded in institutions, including California’s community colleges, or in disciplines such as chemistry, math and physics. He argues that these fields should be taught in a way that is race- and gender-neutral. That is at the crux of the lawsuit by the six plaintiffs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jill Wagner, spokesperson, State Center Community College District","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Filed by free speech advocacy group Foundation for Individual Rights and Expression (FIRE), \u003ca class=\"external\" href=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\">the suit\u003c/a> names California Community College Chancellor Sonya Christian, the board of governors of the California Community Colleges as well as the chancellor and governing board of State Center Community College District.\u003c/p>\n\u003cp>A related suit, filed in June on behalf of Bakersfield College history professor Daymon Johnson, targets the chancellor and board of the Kern Community College District.\u003c/p>\n\u003cp>State Center Community College District, which serves Fresno and surrounding central San Joaquin Valley communities, is one of the first districts in the state to include these new diversity requirements in its \u003ca class=\"external\" href=\"https://www.scccd.edu/_uploaded-files/documents/scccd-scft-agreement-ft-2022-2025-05.9.23-accessible-copy.pdf\" target=\"_blank\" rel=\"noopener\">latest faculty contract (PDF)\u003c/a>. The district said in a statement that it will defend its implementation of the state’s DEIA regulations and its collaborative effort with the State Center Federation of Teachers.\u003c/p>\n\u003cp>“The District now and forever will be a welcoming place for a diverse population, with a commitment to access and inclusion,” wrote Jill Wagner, spokesperson for State Center Community College District. “DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.”\u003c/p>\n\u003cp>The district’s new evaluation process requires instructional faculty to demonstrate “teaching and learning practices that reflect DEIA and anti-racist principles,” in addition to a written self-evaluation on the faculty’s “understanding” of DEIA competencies and “anti-racist principles,” with the goal of improving “equitable student outcomes and course completion.”\u003c/p>\n\u003cp>How these principles will play out in the next rounds of evaluation is still uncertain. Blanken said he has not received guidance from his department. A September memo by State Center’s human resources department noted that the district and academic senate have yet to develop uniform training guidelines for evaluations, and that meanwhile, “evaluatees should, in good faith, review the language in the contract and do their best to speak to how they have demonstrated or shown progress toward practices that embrace the DEIA principles.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Daniel Ortner, the FIRE attorney representing the State Center professors said, “That’s not good enough when free speech is on the line.”\u003c/p>\n\u003cp>Ortner added that broad, undefined regulations could have a “chilling effect” on speech in the classroom. Plaintiffs are particularly concerned about a \u003ca class=\"external\" href=\"https://www.asccc.org/sites/default/files/CCC_DEI-in-Curriculum_Model_Principles_and_Practices_June_2022.pdf\" target=\"_blank\" rel=\"noopener\">framework released by the California Community College Curriculum Committee (PDF)\u003c/a> that warns professors not to “‘weaponize’ academic freedom and academic integrity in an academic discipline or inflict curricular trauma” on historically marginalized students.\u003c/p>\n\u003cp>In the suit, plaintiffs said they have changed the way they teach their classes this semester because of the new DEIA policies. Loren Palsgaard, English professor at Madera Community College, said he will no longer assign texts that contain racial slurs, including Martin Luther King Jr.’s “Letter from Birmingham Jail” and works by William Faulkner and Flannery O’Connor.\u003c/p>\n\u003cp>A response filed on Oct. 2 by California Attorney General Rob Bonta, on behalf of the chancellor and the board of governors challenges the claim the DEIA policies bar professors from using these texts, adding that this framework is not binding and only provides a reference for college districts creating their own DEIA policies.\u003c/p>\n\u003cp>The guidance “expresses competencies the Chancellor’s Office endorses, but does not require,” wrote Melissa Villarin, spokesperson for the state Chancellor’s Office. “The regulations do not impose penalties on district employees. They are intended to contribute to employee professional development.”\u003c/p>\n\u003cp>Erwin Chemerinsky, dean of the UC Berkeley School of Law, said that it is well within a college’s rights to not only prescribe the curriculum for courses but to insist that faculty be sensitive to teaching a diverse student body. He added, however, that schools cannot require that faculty espouse a particular viewpoint in their teaching.\u003c/p>\n\u003cp>“The question is whether this is more the former than the latter,” Chemerinsky wrote in an email to EdSource, adding that he believes the government has a strong argument that this is within its realm of prescribing a curriculum.\u003c/p>\n\u003cp>“It is hard to say on this record that the First Amendment has been violated,” Chemerisky wrote. “It would be different if a teacher was being disciplined and bringing a challenge.” None of the plaintiffs in the suits has been disciplined.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Daniel Ortner, FIRE attorney representing State Center professors","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A separate \u003ca class=\"external\" href=\"https://www.ifs.org/cases/johnson-v-watkin/\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.ifs.org/cases/johnson-v-watkin/\">suit\u003c/a>, filed by the Institute for Free Speech on behalf of Bakersfield College professor Daymon Johnson, points to the firing of Matthew Garrett, a professor who had been critical of DEIA initiatives. Garrett was not subject to new DEIA policies affecting faculty evaluations. However, Johnson’s suit claims that he worries that he, too, could lose his job, because he shares many of the same conservative values and anti-DEIA stances as Garrett.\u003c/p>\n\u003cp>The Kern Community College District said in a statement that Garrett was not terminated because of his opinions on DEIA or other free speech issues.\u003c/p>\n\u003cp>“Matthew Garrett was terminated after a lengthy and detailed examination of his disciplinary violations at Bakersfield College,” said district spokesperson Norma Rojas.\u003c/p>\n\u003cp>Plaintiffs in both suits have asked the court for a preliminary injunction that would prevent the California Community Colleges’ DEIA policy — as well as State Center Community College District’s faculty contract — from going into immediate effect. The request remains pending in federal court, and no hearing date is currently set.\u003c/p>\n\u003cp>Ortner said he is not aware of any other lawsuits from California’s 116 community colleges that are targeting the new DEIA policies, but he’s keeping his eye on the issue statewide.\u003c/p>\n\u003cp>“A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech,” Ortner said. “California colleges are much more aggressive and forward in advocating for these principles.”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://edsource.org/2023/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom/699920\">This story originally appeared in EdSource.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11966417/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom","authors":["byline_news_11966417"],"categories":["news_18540","news_8"],"tags":["news_33446","news_25365","news_32395","news_33447","news_20013","news_21405","news_23960","news_18797","news_19970"],"featImg":"news_11966418","label":"source_news_11966417"},"news_11822631":{"type":"posts","id":"news_11822631","meta":{"index":"posts_1591205157","site":"news","id":"11822631","score":null,"sort":[1591217584000]},"guestAuthors":[],"slug":"some-terms-and-conditions-may-apply","title":"Some Terms and Conditions May Apply...","publishDate":1591217584,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>Civil liberties advocates and a San Francisco supervisor are \u003ca href=\"https://bit.ly/fiorecurfewassemble\">questioning the constitutionality\u003c/a> of Bay Area curfew orders.\u003c/p>\n\u003cp>So am I.\u003c/p>\n\u003cp>Over five million people around the Bay Area are currently subject to a range of curfew orders designed to keep them off the streets at night.\u003c/p>\n\u003cp>These orders are an extraordinary restriction of our usual freedoms guaranteed in the First Amendment and are a pretty ham-fisted approach to reigning in the relatively small number of people who vandalize and steal.\u003c/p>\n\u003cp>I'm all for removing \u003ca href=\"https://www.kqed.org/news/11822242/so-much-more-than-fires-and-theft\">property destruction\u003c/a>, violence and \u003ca href=\"https://sfist.com/2020/06/02/looters-stole-at-least-70-cars-san-leandro/\">heists\u003c/a> from the equation, I just hope it doesn't happen at the expense of \"the right of the people peaceably to assemble.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Until the First Amendment is fully up and running again, better \u003ca href=\"https://www.kqed.org/news/11822230/curfews-expand-in-the-bay-area-check-your-town\">check your local curfew orders\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"Civil liberties advocates and a San Francisco supervisor are questioning the constitutionality of Bay Area curfew orders. ","status":"publish","parent":0,"modified":1591217584,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":131},"headData":{"title":"Some Terms and Conditions May Apply... | KQED","description":"Civil liberties advocates and a San Francisco supervisor are questioning the constitutionality of Bay Area curfew orders. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Some Terms and Conditions May Apply...","datePublished":"2020-06-03T20:53:04.000Z","dateModified":"2020-06-03T20:53:04.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11822631 https://ww2.kqed.org/news/?p=11822631","disqusUrl":"https://ww2.kqed.org/news/2020/06/03/some-terms-and-conditions-may-apply/","disqusTitle":"Some Terms and Conditions May Apply...","path":"/news/11822631/some-terms-and-conditions-may-apply","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Civil liberties advocates and a San Francisco supervisor are \u003ca href=\"https://bit.ly/fiorecurfewassemble\">questioning the constitutionality\u003c/a> of Bay Area curfew orders.\u003c/p>\n\u003cp>So am I.\u003c/p>\n\u003cp>Over five million people around the Bay Area are currently subject to a range of curfew orders designed to keep them off the streets at night.\u003c/p>\n\u003cp>These orders are an extraordinary restriction of our usual freedoms guaranteed in the First Amendment and are a pretty ham-fisted approach to reigning in the relatively small number of people who vandalize and steal.\u003c/p>\n\u003cp>I'm all for removing \u003ca href=\"https://www.kqed.org/news/11822242/so-much-more-than-fires-and-theft\">property destruction\u003c/a>, violence and \u003ca href=\"https://sfist.com/2020/06/02/looters-stole-at-least-70-cars-san-leandro/\">heists\u003c/a> from the equation, I just hope it doesn't happen at the expense of \"the right of the people peaceably to assemble.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Until the First Amendment is fully up and running again, better \u003ca href=\"https://www.kqed.org/news/11822230/curfews-expand-in-the-bay-area-check-your-town\">check your local curfew orders\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11822631/some-terms-and-conditions-may-apply","authors":["3236"],"series":["news_18515"],"categories":["news_6188","news_13"],"tags":["news_28046","news_23960","news_18797","news_28031","news_20949"],"featImg":"news_11822647","label":"news_18515"},"news_11787618":{"type":"posts","id":"news_11787618","meta":{"index":"posts_1591205157","site":"news","id":"11787618","score":null,"sort":[1574322901000]},"guestAuthors":[],"slug":"uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event","title":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested","publishDate":1574322901,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 1:25 a.m. Thursday\u003c/em>\u003c/p>\n\u003cp>UC Berkeley Police confirmed six arrests and one injury outside conservative firebrand Ann Coulter’s speaking engagement on campus Wednesday night.\u003c/p>\n\u003cp>Police in riot gear barricaded the entrance to the venue as thousands of people gathered outside Wheeler Hall. Some protesters tried to block attendees from entering by linking arms and forming a human chain.\u003c/p>\n\u003cp>More than two years after her first scheduled appearance on campus was \u003ca href=\"https://www.kqed.org/news/11416982/safety-concerns-prompt-uc-berkeley-to-cancel-talk-by-ann-coulter\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled\u003c/a>, Coulter spoke Wednesday about what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\n\u003cp>https://twitter.com/MichelleEWiley/status/1197358814049103872\u003c/p>\n\u003cp>“When they decided to have her come speak, instead of creating a safe space for LatinX people like me, [UC Berkeley Chancellor] Carol Christ sent a message to us saying that if we feel unsafe, we shouldn’t be on campus,” said second-year student Erika Gutierrez. “So what’s the point of me paying tuition to come here if I don’t feel safe on my own campus?”\u003c/p>\n\u003cfigure id=\"attachment_11787838\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787838\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg\" alt=\"\" width=\"1920\" height=\"1399\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-160x117.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-800x583.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1020x743.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1200x874.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Police lined the outside of Wheeler Hall as students and other members of the public protested Ann Coulter speaking at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Berkeley officials said approximately 400 people attended the event.\u003c/p>\n\u003cp>\"I understand that many people feel very strongly about hate speech that's connected with Ann Coulter ... but I want to hear for myself what she has to say,\" said Michael Wang, a student who bought a ticket for the event, but identifies as a Democrat.\u003c/p>\n\u003cfigure id=\"attachment_11787837\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787837\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Groups of students and other members of the public came to protest Ann Coulter speaking at Wheeler Hall at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Video on social media showed a protester inside the event being escorted out by police.\u003c/p>\n\u003cp>https://twitter.com/joenewsman/status/1197385709536940032\u003cbr>\n\u003cem>Original post, last updated 6:04 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Here we go again.\u003c/p>\n\u003cp>Conservative firebrand Ann Coulter is expected to speak at UC Berkeley on Wednesday evening, more than two years after her first scheduled speaking engagement on campus was abruptly cancelled.\u003c/p>\n\u003cp>Coulter, a right-wing syndicated columnist known for her hardline views on U.S. immigration and border security, plans to address what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\n\u003cp>The far-right provocateur has long advocated for a dramatic reduction in the number of immigrants allowed to enter the U.S., often blaming America’s woes on refugees and other groups of newcomers from poor nations.\u003c/p>\n\u003cp>The event, at 9 p.m. at Wheeler Hall, is likely to draw scores of protesters to the famously liberal campus, spurring the university to deploy what it says will be a significant security operation in an effort to thwart violent clashes and vandalism.\u003c/p>\n\u003cp>\"We believe [Coulter] has been extremely impactful on shaping the Republican Party's position on immigration,\" said Rudra Reddy, vice president of the Berkeley College Republicans, the student group hosting the event. And while not every member of his group agrees with all of Coulter's positions, he added, she is someone who \"should be listened to\" given the current national political context.\u003c/p>\n\u003cp>https://twitter.com/berkeleyantifa/status/1196168559539310592?s=21\u003c/p>\n\u003cp>Coulter was initially scheduled to speak on campus in April 2017, but later \u003ca href=\"https://www.kqed.org/news/11427970/reports-controversial-coulter-speech-at-uc-berkeley-cancelled\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled her appearance\u003c/a> after school administrators called off the event, citing safety concerns, and then offered an alternative date the following month.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ann-coulter\"]\"It’s sickening when a radical thuggish institution like Berkeley can so easily snuff out the cherished American right to free speech,\" Coulter said afterwards on Twitter. \"I’m very sad about Berkeley's cancellation (sic), but my sadness is greater than that. It is a dark day for free speech in America.\"\u003c/p>\n\u003cp>At the time, university police said they had received specific, credible threats related to Coulter's planned appearance. The cancellation of the event came after a series of violent clashes between far-right and far-left protesters, including a riot on campus before a scheduled Feb. 1 talk by right-wing provocateur Milo Yiannopoulos.\u003c/p>\n\u003cp>The university said it spent roughly $800,000 on security in preparation for the Coulter event, even though it never actually happened.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Berkeley College Republicans, along with the Tennessee-based Young America's Foundation, a conservative group, later \u003ca href=\"https://www.reuters.com/article/us-california-lawsuit-ucberkeley/uc-berkeley-settles-lawsuit-over-treatment-of-conservative-speakers-idUSKBN1O22K4\" target=\"_blank\" rel=\"noopener noreferrer\">filed suit against UC Berkeley\u003c/a> in federal court in San Francisco, accusing the school of violating the First Amendment by discriminating against speakers with conservative views.\u003c/p>\n\u003cp>In a Dec. 2018 settlement with both groups, Cal agreed to modify its procedures for handling \"major events\" and to no longer charge \"security\" fees for certain activities, including lectures and speeches. The university also paid $70,000 to cover the groups' legal costs.\u003c/p>\n\u003cp>\"We just hope that Ms. Coulter is able to speak, unlike what happened two years ago,\" Reddy said. He said the Berkeley College Republicans worked closely with campus police and Cal Performances in preparation for this event. All attendees will be required to pass through metal detectors and will only be allowed to take certain items inside, he said. Police also plan to set up barricades outside the event.\u003c/p>\n\u003cp>\"We believe these policies will help the event go smoother than some others in the past,” Reddy added, noting that his group has already received some threats. \"A disruption would be very unfavorable to our interests.\"\u003c/p>\n\u003cp>A number of leftist groups, comprised of both students and off-campus activists, remain hell-bent on shutting the event down.\u003c/p>\n\u003cp>\"We're calling on people from all around the Bay Area to come to Berkeley tomorrow to shut down Ann Coulter and the College Republicans speaking event,\" said Hoku Jeffrey, an organizer for the group By Any Means Necessary.\u003c/p>\n\u003cp>\"The Coulter event is simply an invitation for white supremacist violence to happen on the Berkeley campus and in the surrounding community, and we don't we don't accept that at all.\"\u003c/p>\n\u003cp>https://twitter.com/berkeleycrs/status/1195147703094665216?s=21\u003c/p>\n\u003cp>The school is much better prepared to accommodate controversial events like this than it used to be, said UC Berkeley spokesman Dan Mogulof, noting that more than 15 high-profile conservative speakers have come to campus over the last two years, without major disruption or incident.\u003c/p>\n\u003cp>\"That's largely because student organizations are now following to the letter and the spirit of the campus event policy,\" including extensive security assessments before each event, he said.\u003c/p>\n\u003cp>\"We have two priorities, two commitments, and we have an unwavering commitment to both,\" he added. “One is to support the First Amendment rights of our students regardless of their perspectives. And two is to provide for the safety and security of the members of the campus community, our guests and the public at large.\"\u003c/p>\n\u003cp>Nonetheless, the administration is not taking anything for granted, Mogulof added.\u003c/p>\n\u003cp>\"We're not complacent. You know, we do believe that we have the necessary preparations in place. But you never know. And so, we'll see what happens.\"\u003c/p>\n\u003cp>Mogulof declined to comment on how much UC Berkeley planned to spend on security for the Coulter event, or on how many officers would be deployed.\u003c/p>\n\u003cp>\u003cem>KQED’s Peter Jon Shuler contributed reporting to this article.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Thousands of people gathered outside as the conservative firebrand spoke at Wheeler Hall, according to Berkeley officials.","status":"publish","parent":0,"modified":1574365182,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1247},"headData":{"title":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested | KQED","description":"Thousands of people gathered outside as the conservative firebrand spoke at Wheeler Hall, according to Berkeley officials.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested","datePublished":"2019-11-21T07:55:01.000Z","dateModified":"2019-11-21T19:39:42.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11787618 https://ww2.kqed.org/news/?p=11787618","disqusUrl":"https://ww2.kqed.org/news/2019/11/20/uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event/","disqusTitle":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested","audioTrackLength":120,"path":"/news/11787618/uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/11/WileyAnnCoulter.mp3","audioDuration":120000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 1:25 a.m. Thursday\u003c/em>\u003c/p>\n\u003cp>UC Berkeley Police confirmed six arrests and one injury outside conservative firebrand Ann Coulter’s speaking engagement on campus Wednesday night.\u003c/p>\n\u003cp>Police in riot gear barricaded the entrance to the venue as thousands of people gathered outside Wheeler Hall. Some protesters tried to block attendees from entering by linking arms and forming a human chain.\u003c/p>\n\u003cp>More than two years after her first scheduled appearance on campus was \u003ca href=\"https://www.kqed.org/news/11416982/safety-concerns-prompt-uc-berkeley-to-cancel-talk-by-ann-coulter\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled\u003c/a>, Coulter spoke Wednesday about what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1197358814049103872"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“When they decided to have her come speak, instead of creating a safe space for LatinX people like me, [UC Berkeley Chancellor] Carol Christ sent a message to us saying that if we feel unsafe, we shouldn’t be on campus,” said second-year student Erika Gutierrez. “So what’s the point of me paying tuition to come here if I don’t feel safe on my own campus?”\u003c/p>\n\u003cfigure id=\"attachment_11787838\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787838\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg\" alt=\"\" width=\"1920\" height=\"1399\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-160x117.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-800x583.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1020x743.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1200x874.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Police lined the outside of Wheeler Hall as students and other members of the public protested Ann Coulter speaking at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Berkeley officials said approximately 400 people attended the event.\u003c/p>\n\u003cp>\"I understand that many people feel very strongly about hate speech that's connected with Ann Coulter ... but I want to hear for myself what she has to say,\" said Michael Wang, a student who bought a ticket for the event, but identifies as a Democrat.\u003c/p>\n\u003cfigure id=\"attachment_11787837\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787837\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Groups of students and other members of the public came to protest Ann Coulter speaking at Wheeler Hall at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Video on social media showed a protester inside the event being escorted out by police.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1197385709536940032"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003cem>Original post, last updated 6:04 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Here we go again.\u003c/p>\n\u003cp>Conservative firebrand Ann Coulter is expected to speak at UC Berkeley on Wednesday evening, more than two years after her first scheduled speaking engagement on campus was abruptly cancelled.\u003c/p>\n\u003cp>Coulter, a right-wing syndicated columnist known for her hardline views on U.S. immigration and border security, plans to address what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\n\u003cp>The far-right provocateur has long advocated for a dramatic reduction in the number of immigrants allowed to enter the U.S., often blaming America’s woes on refugees and other groups of newcomers from poor nations.\u003c/p>\n\u003cp>The event, at 9 p.m. at Wheeler Hall, is likely to draw scores of protesters to the famously liberal campus, spurring the university to deploy what it says will be a significant security operation in an effort to thwart violent clashes and vandalism.\u003c/p>\n\u003cp>\"We believe [Coulter] has been extremely impactful on shaping the Republican Party's position on immigration,\" said Rudra Reddy, vice president of the Berkeley College Republicans, the student group hosting the event. And while not every member of his group agrees with all of Coulter's positions, he added, she is someone who \"should be listened to\" given the current national political context.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1196168559539310592"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Coulter was initially scheduled to speak on campus in April 2017, but later \u003ca href=\"https://www.kqed.org/news/11427970/reports-controversial-coulter-speech-at-uc-berkeley-cancelled\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled her appearance\u003c/a> after school administrators called off the event, citing safety concerns, and then offered an alternative date the following month.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"ann-coulter"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"It’s sickening when a radical thuggish institution like Berkeley can so easily snuff out the cherished American right to free speech,\" Coulter said afterwards on Twitter. \"I’m very sad about Berkeley's cancellation (sic), but my sadness is greater than that. It is a dark day for free speech in America.\"\u003c/p>\n\u003cp>At the time, university police said they had received specific, credible threats related to Coulter's planned appearance. The cancellation of the event came after a series of violent clashes between far-right and far-left protesters, including a riot on campus before a scheduled Feb. 1 talk by right-wing provocateur Milo Yiannopoulos.\u003c/p>\n\u003cp>The university said it spent roughly $800,000 on security in preparation for the Coulter event, even though it never actually happened.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Berkeley College Republicans, along with the Tennessee-based Young America's Foundation, a conservative group, later \u003ca href=\"https://www.reuters.com/article/us-california-lawsuit-ucberkeley/uc-berkeley-settles-lawsuit-over-treatment-of-conservative-speakers-idUSKBN1O22K4\" target=\"_blank\" rel=\"noopener noreferrer\">filed suit against UC Berkeley\u003c/a> in federal court in San Francisco, accusing the school of violating the First Amendment by discriminating against speakers with conservative views.\u003c/p>\n\u003cp>In a Dec. 2018 settlement with both groups, Cal agreed to modify its procedures for handling \"major events\" and to no longer charge \"security\" fees for certain activities, including lectures and speeches. The university also paid $70,000 to cover the groups' legal costs.\u003c/p>\n\u003cp>\"We just hope that Ms. Coulter is able to speak, unlike what happened two years ago,\" Reddy said. He said the Berkeley College Republicans worked closely with campus police and Cal Performances in preparation for this event. All attendees will be required to pass through metal detectors and will only be allowed to take certain items inside, he said. Police also plan to set up barricades outside the event.\u003c/p>\n\u003cp>\"We believe these policies will help the event go smoother than some others in the past,” Reddy added, noting that his group has already received some threats. \"A disruption would be very unfavorable to our interests.\"\u003c/p>\n\u003cp>A number of leftist groups, comprised of both students and off-campus activists, remain hell-bent on shutting the event down.\u003c/p>\n\u003cp>\"We're calling on people from all around the Bay Area to come to Berkeley tomorrow to shut down Ann Coulter and the College Republicans speaking event,\" said Hoku Jeffrey, an organizer for the group By Any Means Necessary.\u003c/p>\n\u003cp>\"The Coulter event is simply an invitation for white supremacist violence to happen on the Berkeley campus and in the surrounding community, and we don't we don't accept that at all.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1195147703094665216"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The school is much better prepared to accommodate controversial events like this than it used to be, said UC Berkeley spokesman Dan Mogulof, noting that more than 15 high-profile conservative speakers have come to campus over the last two years, without major disruption or incident.\u003c/p>\n\u003cp>\"That's largely because student organizations are now following to the letter and the spirit of the campus event policy,\" including extensive security assessments before each event, he said.\u003c/p>\n\u003cp>\"We have two priorities, two commitments, and we have an unwavering commitment to both,\" he added. “One is to support the First Amendment rights of our students regardless of their perspectives. And two is to provide for the safety and security of the members of the campus community, our guests and the public at large.\"\u003c/p>\n\u003cp>Nonetheless, the administration is not taking anything for granted, Mogulof added.\u003c/p>\n\u003cp>\"We're not complacent. You know, we do believe that we have the necessary preparations in place. But you never know. And so, we'll see what happens.\"\u003c/p>\n\u003cp>Mogulof declined to comment on how much UC Berkeley planned to spend on security for the Coulter event, or on how many officers would be deployed.\u003c/p>\n\u003cp>\u003cem>KQED’s Peter Jon Shuler contributed reporting to this article.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11787618/uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event","authors":["1263","11367","11526"],"categories":["news_18540","news_8","news_13"],"tags":["news_20817","news_21450","news_20848","news_23960","news_18797","news_17597"],"featImg":"news_11787840","label":"news"},"news_11782173":{"type":"posts","id":"news_11782173","meta":{"index":"posts_1591205157","site":"news","id":"11782173","score":null,"sort":[1571874949000]},"guestAuthors":[],"slug":"not-the-ideal-messenger-delivers-messages-to-congress","title":"'Not the Ideal Messenger' Delivers Messages to Congress","publishDate":1571874949,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>Mark Zuckerberg faced another \u003ca href=\"http://bit.ly/fiorezuckerbergcongress\" target=\"_blank\" rel=\"noopener\">grilling before Congress Wednesday\u003c/a>, with Rep. Maxine Waters (D-Calif.) challenging the CEO about profiting from political ads that contain lies.\u003c/p>\n\u003cp>The tech billionaire appeared before the House Financial Services Committee, where he faced questions on everything from the planned Libra cryptocurrency to discrimination in advertising.\u003c/p>\n\u003cp>Oh, then there's that little matter of trying to prevent bad actors from subverting the U.S. electoral system again.\u003c/p>\n\u003cp>Amid responses that touted the wonders of unfettered Facebook free speech, Zuckerberg said election security \"is one of my top priorities for the company.\"\u003c/p>\n\u003cp>Let's hope so.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Mark Zuckerberg faced another grilling before Congress Wednesday, with Rep. Maxine Waters (D-Calif.) challenging the CEO about profiting from political ads that contain lies. ","status":"publish","parent":0,"modified":1571876277,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":7,"wordCount":101},"headData":{"title":"'Not the Ideal Messenger' Delivers Messages to Congress | KQED","description":"Mark Zuckerberg faced another grilling before Congress Wednesday, with Rep. Maxine Waters (D-Calif.) challenging the CEO about profiting from political ads that contain lies. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"'Not the Ideal Messenger' Delivers Messages to Congress","datePublished":"2019-10-23T23:55:49.000Z","dateModified":"2019-10-24T00:17:57.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11782173 https://ww2.kqed.org/news/?p=11782173","disqusUrl":"https://ww2.kqed.org/news/2019/10/23/not-the-ideal-messenger-delivers-messages-to-congress/","disqusTitle":"'Not the Ideal Messenger' Delivers Messages to Congress","path":"/news/11782173/not-the-ideal-messenger-delivers-messages-to-congress","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Mark Zuckerberg faced another \u003ca href=\"http://bit.ly/fiorezuckerbergcongress\" target=\"_blank\" rel=\"noopener\">grilling before Congress Wednesday\u003c/a>, with Rep. Maxine Waters (D-Calif.) challenging the CEO about profiting from political ads that contain lies.\u003c/p>\n\u003cp>The tech billionaire appeared before the House Financial Services Committee, where he faced questions on everything from the planned Libra cryptocurrency to discrimination in advertising.\u003c/p>\n\u003cp>Oh, then there's that little matter of trying to prevent bad actors from subverting the U.S. electoral system again.\u003c/p>\n\u003cp>Amid responses that touted the wonders of unfettered Facebook free speech, Zuckerberg said election security \"is one of my top priorities for the company.\"\u003c/p>\n\u003cp>Let's hope so.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11782173/not-the-ideal-messenger-delivers-messages-to-congress","authors":["3236"],"series":["news_18515"],"categories":["news_6188","news_8","news_13","news_248"],"tags":["news_26551","news_249","news_20261","news_18797","news_250","news_20949","news_20110","news_23968"],"featImg":"news_11782182","label":"news_18515"},"news_11734489":{"type":"posts","id":"news_11734489","meta":{"index":"posts_1591205157","site":"news","id":"11734489","score":null,"sort":[1553212822000]},"guestAuthors":[],"slug":"trump-orders-colleges-to-back-free-speech-or-lose-funding","title":"Trump Signs Executive Order Requiring Colleges to Back Free Speech or Lose Funding","publishDate":1553212822,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Calling on students to fight back against \"rigid, far-left ideology\" at universities, President Donald Trump signed an executive order Thursday requiring U.S. colleges to protect free speech on their campuses or risk losing federal research funding.\u003c/p>\n\u003cp>The new order directs federal agencies to ensure that any college or university receiving research grants agrees to promote free speech and the exchange of ideas and to follow federal rules guiding free expression.\u003c/p>\n\u003cp>\"Even as universities have received billions and billions of dollars from taxpayers, many have become increasingly hostile to free speech and to the First Amendment,\" Trump said at a White House signing ceremony. \"These universities have tried to restrict free thought, impose total conformity and shut down the voices of great young Americans.\"\u003c/p>\n\u003cp>University of California President Janet Napolitano quickly responded that the order was unnecessary.\u003c/p>\n\u003cp>\"We do not need the federal government to mandate what already exists: our longstanding, unequivocal support for freedom of expression,\" she said in a \u003ca href=\"https://www.universityofcalifornia.edu/press-room/university-california-responds-executive-order-free-speech\">statement\u003c/a>. \"This executive order will only muddle policies surrounding free speech, while doing nothing to further the aim of the First Amendment.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The order follows a growing chorus of complaints from conservatives who say their voices have been stifled on campuses across the U.S. Joining Trump at the ceremony were students who said they were challenged by their schools while trying to express views against abortion or in support of their faith.\u003c/p>\n\u003cp>Trump initially proposed the idea during a Mar. 2 speech to conservative activists, highlighting the case of Hayden Williams, an activist who was punched in the face while recruiting for the group Turning Point USA at UC Berkeley. Trump invoked the case again Thursday, noting that Williams was hit hard \"but he didn't go down.\"\u003c/p>\n\u003cp>Under the order, colleges would need to agree to protect free speech in order to tap into more than $35 billion a year in research and educational grants.\u003c/p>\n\u003cp>For public universities, that means vowing to uphold the First Amendment, which they're already required to do. Private universities, which have more flexibility in limiting speech, will be required to commit to their own institutional rules.\u003c/p>\n\u003cp>\"We will not stand idly by to allow public institutions to violate their students' constitutional rights,\" Trump said. \"If a college or university doesn't allow you to speak, we will not give them money. It's very simple.\"\u003c/p>\n\u003cp>Enforcement of the order will be left to federal agencies that award grants, but how schools will be monitored and what types of violations could trigger a loss of funding have yet to be seen. White House officials said details about the implementation will be finalized in coming months.\u003c/p>\n\u003cp>Many colleges have firmly opposed the need for an executive order.\u003c/p>\n\u003cp>The American Council on Education, which represents more than 1,700 college presidents, called the order \"a solution in search of a problem.\"\u003c/p>\n\u003cp>\"No matter how this order is implemented, it is neither needed nor desirable, and could lead to unwanted federal micromanagement of the cutting-edge research that is critical to our nation's continued vitality and global leadership,\" said Ted Mitchell, the organization's president.\u003c/p>\n\u003cp>Some legal experts are concerned the executive order could harm free speech protections, not ensure them.\u003c/p>\n\u003cp>\"I think what this executive order could do is scare administrators of colleges and universities,\" said Loyola University law professor Jessica Levinson.\u003c/p>\n\u003cp>\"At best, this executive order will do no harm. At worst, I think it could actually interject a new level of government regulation in colleges and universities,\" said Levinson. \"Because who is to determine when they're complying with the First Amendment? And wouldn't that be the government actually saying, 'You're not hearing enough from certain speakers' or 'You're hearing too much from other speakers,' which frankly sounds like forced speech and/or censorship.\"\u003c/p>\n\u003cp>Education Secretary Betsy DeVos, who has spoken against a government answer to campus speech issues, issued a statement that only briefly mentioned free speech, and instead largely focused on another part of the order dealing with transparency in college performance data.\u003c/p>\n\u003cp>Her statement said students \"should be empowered to pursue truth through the free exchange of all ideas, especially ideas with which they may not agree. Free inquiry is an essential feature of our democracy, and I applaud the president's continued support for America's students.\"\u003c/p>\n\u003cp>The order was supported by conservative groups including Turning Point USA, which has pushed for action on the issue. In Trump's speech, he specifically thanked Charlie Kirk, the group's founder, who has pushed for action on the issue. On Twitter, Kirk called the order \"historic,\" adding that while harassment by campus faculty is not uncommon, \"it ends today!\"\u003c/p>\n\u003cp>Several free speech groups raised concerns about the order, including the American Civil Liberties Union, which took issue with \"the partisan nature of the administration's rollout of this executive order.\"\u003c/p>\n\u003cp>The top Republican on the Senate education committee, Sen. Lamar Alexander, said he supports the push for free speech but criticized Trump's approach.\u003c/p>\n\u003cp>\"I don't want to see Congress or the president or the department of anything creating speech codes to define what you can say on campus,\" said Alexander, R-Tenn. \"The U.S. Constitution guarantees free speech. Federal courts define and enforce it. The Department of Justice can weigh in.\"\u003c/p>\n\u003cp>Debate over campus free speech has flared in recent years following a string of high-profile cases in which protesters shut down or heckled conservative speakers, including at UC Berkeley and Middlebury College in Vermont. Republicans called hearings on the issue when they controlled both chambers, but proposed legislation backing campus speech never made it through committee.\u003c/p>\n\u003cp>Some college leaders have said they worry the order could backfire. If a speaking event threatens to turn violent, for example, some say they might have to choose between canceling the event for safety and allowing it to continue to preserve federal funding. Some say it could force religious universities to host speakers with views that conflict with the universities' values.\u003c/p>\n\u003cp>Still, the order has gained support from some religious institutions including Liberty University, a Christian school in Virginia whose leaders say they denounce censorship of either the left or right.\u003cbr>\nSeparate from the free speech requirement, the order also calls for several measures meant to promote transparency in the student loan industry and in how well colleges prepare students.\u003c/p>\n\u003cp>By January 2020, Trump is directing the Education Department to create a website where borrowers can find better information about their loans and repayment options, and he's calling on the agency to expand its College Scorecard website to include data on the graduates of individual college programs, including their median earnings, loan debt and their default rates.\u003c/p>\n\u003cp>Trump is also asking the Education Department to prepare a policy that would make sure colleges \"share the financial risk\" that students and the federal government take on with federal student loans.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>KQED's Michelle Wiley contributed to this report.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"The order follows a growing chorus of complaints from conservatives who say their voices have been stifled on campuses.","status":"publish","parent":0,"modified":1553280838,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":31,"wordCount":1168},"headData":{"title":"Trump Signs Executive Order Requiring Colleges to Back Free Speech or Lose Funding | KQED","description":"The order follows a growing chorus of complaints from conservatives who say their voices have been stifled on campuses.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Trump Signs Executive Order Requiring Colleges to Back Free Speech or Lose Funding","datePublished":"2019-03-22T00:00:22.000Z","dateModified":"2019-03-22T18:53:58.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11734489 https://ww2.kqed.org/news/?p=11734489","disqusUrl":"https://ww2.kqed.org/news/2019/03/21/trump-orders-colleges-to-back-free-speech-or-lose-funding/","disqusTitle":"Trump Signs Executive Order Requiring Colleges to Back Free Speech or Lose Funding","audioUrl":"https://www.kqed.org/.stream/anon/radio/RDnews/2019/03/2way1stAmendmentCampuses.mp3","nprByline":"Collin Binkley, Associated Press","audioTrackLength":260,"path":"/news/11734489/trump-orders-colleges-to-back-free-speech-or-lose-funding","audioDuration":260000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Calling on students to fight back against \"rigid, far-left ideology\" at universities, President Donald Trump signed an executive order Thursday requiring U.S. colleges to protect free speech on their campuses or risk losing federal research funding.\u003c/p>\n\u003cp>The new order directs federal agencies to ensure that any college or university receiving research grants agrees to promote free speech and the exchange of ideas and to follow federal rules guiding free expression.\u003c/p>\n\u003cp>\"Even as universities have received billions and billions of dollars from taxpayers, many have become increasingly hostile to free speech and to the First Amendment,\" Trump said at a White House signing ceremony. \"These universities have tried to restrict free thought, impose total conformity and shut down the voices of great young Americans.\"\u003c/p>\n\u003cp>University of California President Janet Napolitano quickly responded that the order was unnecessary.\u003c/p>\n\u003cp>\"We do not need the federal government to mandate what already exists: our longstanding, unequivocal support for freedom of expression,\" she said in a \u003ca href=\"https://www.universityofcalifornia.edu/press-room/university-california-responds-executive-order-free-speech\">statement\u003c/a>. \"This executive order will only muddle policies surrounding free speech, while doing nothing to further the aim of the First Amendment.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The order follows a growing chorus of complaints from conservatives who say their voices have been stifled on campuses across the U.S. Joining Trump at the ceremony were students who said they were challenged by their schools while trying to express views against abortion or in support of their faith.\u003c/p>\n\u003cp>Trump initially proposed the idea during a Mar. 2 speech to conservative activists, highlighting the case of Hayden Williams, an activist who was punched in the face while recruiting for the group Turning Point USA at UC Berkeley. Trump invoked the case again Thursday, noting that Williams was hit hard \"but he didn't go down.\"\u003c/p>\n\u003cp>Under the order, colleges would need to agree to protect free speech in order to tap into more than $35 billion a year in research and educational grants.\u003c/p>\n\u003cp>For public universities, that means vowing to uphold the First Amendment, which they're already required to do. Private universities, which have more flexibility in limiting speech, will be required to commit to their own institutional rules.\u003c/p>\n\u003cp>\"We will not stand idly by to allow public institutions to violate their students' constitutional rights,\" Trump said. \"If a college or university doesn't allow you to speak, we will not give them money. It's very simple.\"\u003c/p>\n\u003cp>Enforcement of the order will be left to federal agencies that award grants, but how schools will be monitored and what types of violations could trigger a loss of funding have yet to be seen. White House officials said details about the implementation will be finalized in coming months.\u003c/p>\n\u003cp>Many colleges have firmly opposed the need for an executive order.\u003c/p>\n\u003cp>The American Council on Education, which represents more than 1,700 college presidents, called the order \"a solution in search of a problem.\"\u003c/p>\n\u003cp>\"No matter how this order is implemented, it is neither needed nor desirable, and could lead to unwanted federal micromanagement of the cutting-edge research that is critical to our nation's continued vitality and global leadership,\" said Ted Mitchell, the organization's president.\u003c/p>\n\u003cp>Some legal experts are concerned the executive order could harm free speech protections, not ensure them.\u003c/p>\n\u003cp>\"I think what this executive order could do is scare administrators of colleges and universities,\" said Loyola University law professor Jessica Levinson.\u003c/p>\n\u003cp>\"At best, this executive order will do no harm. At worst, I think it could actually interject a new level of government regulation in colleges and universities,\" said Levinson. \"Because who is to determine when they're complying with the First Amendment? And wouldn't that be the government actually saying, 'You're not hearing enough from certain speakers' or 'You're hearing too much from other speakers,' which frankly sounds like forced speech and/or censorship.\"\u003c/p>\n\u003cp>Education Secretary Betsy DeVos, who has spoken against a government answer to campus speech issues, issued a statement that only briefly mentioned free speech, and instead largely focused on another part of the order dealing with transparency in college performance data.\u003c/p>\n\u003cp>Her statement said students \"should be empowered to pursue truth through the free exchange of all ideas, especially ideas with which they may not agree. Free inquiry is an essential feature of our democracy, and I applaud the president's continued support for America's students.\"\u003c/p>\n\u003cp>The order was supported by conservative groups including Turning Point USA, which has pushed for action on the issue. In Trump's speech, he specifically thanked Charlie Kirk, the group's founder, who has pushed for action on the issue. On Twitter, Kirk called the order \"historic,\" adding that while harassment by campus faculty is not uncommon, \"it ends today!\"\u003c/p>\n\u003cp>Several free speech groups raised concerns about the order, including the American Civil Liberties Union, which took issue with \"the partisan nature of the administration's rollout of this executive order.\"\u003c/p>\n\u003cp>The top Republican on the Senate education committee, Sen. Lamar Alexander, said he supports the push for free speech but criticized Trump's approach.\u003c/p>\n\u003cp>\"I don't want to see Congress or the president or the department of anything creating speech codes to define what you can say on campus,\" said Alexander, R-Tenn. \"The U.S. Constitution guarantees free speech. Federal courts define and enforce it. The Department of Justice can weigh in.\"\u003c/p>\n\u003cp>Debate over campus free speech has flared in recent years following a string of high-profile cases in which protesters shut down or heckled conservative speakers, including at UC Berkeley and Middlebury College in Vermont. Republicans called hearings on the issue when they controlled both chambers, but proposed legislation backing campus speech never made it through committee.\u003c/p>\n\u003cp>Some college leaders have said they worry the order could backfire. If a speaking event threatens to turn violent, for example, some say they might have to choose between canceling the event for safety and allowing it to continue to preserve federal funding. Some say it could force religious universities to host speakers with views that conflict with the universities' values.\u003c/p>\n\u003cp>Still, the order has gained support from some religious institutions including Liberty University, a Christian school in Virginia whose leaders say they denounce censorship of either the left or right.\u003cbr>\nSeparate from the free speech requirement, the order also calls for several measures meant to promote transparency in the student loan industry and in how well colleges prepare students.\u003c/p>\n\u003cp>By January 2020, Trump is directing the Education Department to create a website where borrowers can find better information about their loans and repayment options, and he's calling on the agency to expand its College Scorecard website to include data on the graduates of individual college programs, including their median earnings, loan debt and their default rates.\u003c/p>\n\u003cp>Trump is also asking the Education Department to prepare a policy that would make sure colleges \"share the financial risk\" that students and the federal government take on with federal student loans.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>KQED's Michelle Wiley contributed to this report.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11734489/trump-orders-colleges-to-back-free-speech-or-lose-funding","authors":["byline_news_11734489"],"categories":["news_18540","news_8","news_13"],"tags":["news_1323","news_23960","news_18797"],"featImg":"news_11674216","label":"news"},"news_11734513":{"type":"posts","id":"news_11734513","meta":{"index":"posts_1591205157","site":"news","id":"11734513","score":null,"sort":[1553210906000]},"guestAuthors":[],"slug":"free-speech-in-the-eye-of-the-beholder","title":"Free Speech in the Eye of the Beholder","publishDate":1553210906,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>President Trump \u003ca href=\"https://www.kqed.org/news/11734489/trump-orders-colleges-to-back-free-speech-or-lose-funding\" rel=\"noopener\" target=\"_blank\">signed an executive order\u003c/a> that he says will prevent \"ideological intolerance on campus\" by withholding federal funding from universities that curtail free speech.\u003c/p>\n\u003cp>During the signing ceremony at the White House, Trump spoke of \"rigid far-left ideologies\" and referred to an incident where a recruiter for Turning Point USA was punched while on the UC Berkeley campus.\u003c/p>\n\u003cp>All three students that Trump singled out during the ceremony were espousing conservative or religious viewpoints on their respective campuses.\u003c/p>\n\u003cp>I don't seem to recall the president being as enamored with the First Amendment at his \u003ca href=\"https://www.npr.org/sections/thetwo-way/2016/03/13/470294270/trump-on-rally-violence-dont-accept-responsibility-might-pay-legal-bills\" target=\"_blank\" rel=\"noopener\">campaign rallies\u003c/a> or in the \u003ca href=\"https://www.npr.org/2018/08/16/639125774/hundreds-of-newspapers-denounce-trumps-attacks-on-media-in-coordinated-editorial\" target=\"_blank\" rel=\"noopener\">news media\u003c/a>.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n","blocks":[],"excerpt":"President Trump signed an executive order that he says will prevent 'ideological intolerance on campus' by withholding federal funding from universities that curtail free speech.","status":"publish","parent":0,"modified":1553210906,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":6,"wordCount":106},"headData":{"title":"Free Speech in the Eye of the Beholder | KQED","description":"President Trump signed an executive order that he says will prevent 'ideological intolerance on campus' by withholding federal funding from universities that curtail free speech.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Free Speech in the Eye of the Beholder","datePublished":"2019-03-21T23:28:26.000Z","dateModified":"2019-03-21T23:28:26.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11734513 https://ww2.kqed.org/news/?p=11734513","disqusUrl":"https://ww2.kqed.org/news/2019/03/21/free-speech-in-the-eye-of-the-beholder/","disqusTitle":"Free Speech in the Eye of the Beholder","path":"/news/11734513/free-speech-in-the-eye-of-the-beholder","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>President Trump \u003ca href=\"https://www.kqed.org/news/11734489/trump-orders-colleges-to-back-free-speech-or-lose-funding\" rel=\"noopener\" target=\"_blank\">signed an executive order\u003c/a> that he says will prevent \"ideological intolerance on campus\" by withholding federal funding from universities that curtail free speech.\u003c/p>\n\u003cp>During the signing ceremony at the White House, Trump spoke of \"rigid far-left ideologies\" and referred to an incident where a recruiter for Turning Point USA was punched while on the UC Berkeley campus.\u003c/p>\n\u003cp>All three students that Trump singled out during the ceremony were espousing conservative or religious viewpoints on their respective campuses.\u003c/p>\n\u003cp>I don't seem to recall the president being as enamored with the First Amendment at his \u003ca href=\"https://www.npr.org/sections/thetwo-way/2016/03/13/470294270/trump-on-rally-violence-dont-accept-responsibility-might-pay-legal-bills\" target=\"_blank\" rel=\"noopener\">campaign rallies\u003c/a> or in the \u003ca href=\"https://www.npr.org/2018/08/16/639125774/hundreds-of-newspapers-denounce-trumps-attacks-on-media-in-coordinated-editorial\" target=\"_blank\" rel=\"noopener\">news media\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11734513/free-speech-in-the-eye-of-the-beholder","authors":["3236"],"series":["news_18515"],"categories":["news_18540","news_8","news_13"],"tags":["news_1323","news_20466","news_23960","news_18797","news_20949","news_17597"],"featImg":"news_11734521","label":"news_18515"},"news_11709925":{"type":"posts","id":"news_11709925","meta":{"index":"posts_1591205157","site":"news","id":"11709925","score":null,"sort":[1543953760000]},"guestAuthors":[],"slug":"uc-berkeley-and-college-republicans-settle-free-speech-case","title":"UC Berkeley and College Republicans Settle Free Speech Case","publishDate":1543953760,"format":"standard","headTitle":"The California Report | KQED News","labelTerm":{},"content":"\u003cp>UC Berkeley and a conservative student group have reached a settlement agreement in a prominent 2017 free speech case, both parties announced Monday.\u003c/p>\n\u003cp>Under the agreement, UC Berkeley has \u003ca href=\"https://www.berkeleyside.com/wp-content/uploads/2018/12/Exhibit-A-Revisions-to-Major-Events-Policy.pdf\" target=\"_blank\" rel=\"noopener\">changed its campus events policy\u003c/a>, explicitly laying out which events require student groups to pay security costs. The university also agreed to pay the \u003ca href=\"https://www.berkeleyside.com/2017/09/19/inconsequential-berkeley-college-republicans-now-command-national-attention\" target=\"_blank\" rel=\"noopener\">Berkeley College Republicans\u003c/a> and Young America’s Foundation $70,000 in attorney fees.\u003c/p>\n\u003cp>The organizations \u003ca href=\"https://www.berkeleyside.com/2017/04/24/berkeley-college-republicans-file-lawsuit-force-university-let-ann-coulter-speak\" target=\"_blank\" rel=\"noopener\">filed the lawsuit\u003c/a> in federal court in April 2017, alleging UC Berkeley violated conservative students’ First Amendment rights by placing prohibitive restrictions on when and where \u003ca href=\"https://www.kqed.org/news/11427970/reports-controversial-coulter-speech-at-uc-berkeley-cancelled\" target=\"_blank\" rel=\"noopener\">events featuring Ann Coulter\u003c/a> and David Horowitz could take place. The campus maintained that the restrictions were set in place due to legitimate security concerns — following violent protests that forced the cancellation of \u003ca href=\"https://www.kqed.org/news/11618852/free-speech-week-protestors-face-off-at-barricaded-sproul-plaza\" target=\"_blank\" rel=\"noopener\">Milo Yiannopoulos’ speech\u003c/a> earlier that year — rather than the political views of the speakers, and that the rules did not prevent the groups from holding their events.\u003c/p>\n\u003cfigure id=\"attachment_11709940\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut.jpg\">\u003cimg class=\"size-full wp-image-11709940\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A campus police officer talks on his radio after protesters toppled a mobile light trailer and set it on fire during a demonstration against the scheduled appearance of Milo Yiannopoulos at UC Berkeley on Feb. 1, 2017. \u003ccite>(Bert Johnson/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit emerged during the series of raucous protests and speaking events that trailed the Yiannopoulos melee on campus in 2017. While the public controversy has largely died down, the lawsuit has continued quietly in court. Judge Maxine Chesney dismissed the case in late 2017, but plaintiffs accepted her invitation to file an amended complaint in light of new developments.\u003c/p>\n\u003cp>Both sides said they considered the settlement a victory. However, they appear to be interpreting the implications of the agreement differently.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>UC Berkeley spokesman Dan Mogulof said the “insubstantial cosmetic changes” to the final events policy simply codify what the campus has been doing all along.\u003c/p>\n\u003cp>“We’ve clarified existing practices,” Mogulof said. “The claims that we had an unconstitutional events policy were thrown out of court.”\u003c/p>\n\u003cp>According to the new \u003ca href=\"https://www.berkeleyside.com/wp-content/uploads/2018/12/Exhibit-B-UCPD-Event-Fee-Schedule-FINAL.pdf\" target=\"_blank\" rel=\"noopener\">fee schedule\u003c/a>, student groups holding events in classrooms and similar venues are not required to pay for security, except in some specific cases like dances. Mogulof said this has been the university’s practice, pointing to several Berkeley College Republicans events last spring that he said were held at no cost to the students.\u003c/p>\n\u003cfigure id=\"attachment_11709947\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11709947\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Troy Worden, president of the Berkeley College Republicans, talks to reporters about the club’s invitation to Ann Coulter and the campus’s response in the spring of 2017. \u003ccite>(Natalie Orenstein/Berkeleyside)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some venues that are rented out separately, like Zellerbach Hall, set their own security fees that student groups have always been, and are still, responsible for, he said. The Berkeley College Republicans and their sponsors, Young America’s Foundation, paid $9,000 for security, which the groups said was an unfair amount, when they hosted Ben Shapiro there in September 2017. UC Berkeley and the University of California paid $600,000 in security costs for anticipated protests outside the event that barely materialized.\u003c/p>\n\u003cp>If the Shapiro event happened again next year, the students would be responsible for the same or similar cost, Mogulof said.\u003c/p>\n\u003cp>The new policy also removes language that allowed the university to judge the nature of an event, and thus how much security would cost, based on its “complexity.” That passage was among pieces of the policy that prompted some conservatives to say the university discriminated against right-wing events. Mogulof said UC Berkeley never actually made any decisions based on the “complexity” provision.\u003c/p>\n\u003cp>Harmeet Dhillon, the lawyer for the plaintiffs, however, said the new policy required in the settlement “completely changes” the university’s approach to campus events. Her clients achieved the outcome they wanted, she said.\u003c/p>\n\u003cp>“They’re going to charge all student groups zero dollars for security — that is a landmark policy,” she said. “Our clients ... and our firm view this settlement as a major victory for the First Amendment rights of all students.”\u003c/p>\n\u003cp>Dhillon said her understanding of the agreement is that venues like Zellerbach can state flat security requirements for events held there, but cannot charge amounts that vary based on the nature of the event, like what happened, she said, when Shapiro spoke.\u003c/p>\n\u003cp>Dhillon said the $70,000 that UC Berkeley is obligated to pay her clients indicates campus culpability. She said the amount did not represent “100 percent of the attorney fees — that is customary in a settlement,” but declined to state how much her clients had paid.\u003c/p>\n\u003cp>Mogulof said the lawsuit has cost UC Berkeley an estimated $250,000.\u003c/p>\n\u003cp>“This is the sort of fight that protects something so foundational to the university,” he said. “It was worth all the effort and resources to establish beyond any doubt that the polices are constitutional.”\u003c/p>\n\u003cp>Mogulof said he is unaware of any events held by the College Republicans this year.\u003c/p>\n\u003cp>Troy Worden, who was president of the club when the lawsuit was filed, was among the many on the right who celebrated the settlement online Monday.\u003c/p>\n\u003cp>“Honored to have been a part of this momentous victory for the New Free Speech Movement,” he said \u003ca href=\"https://twitter.com/TroyWerden/status/1069684502170124302\">on Twitter\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Follow Berkeleyside on \u003ca href=\"https://twitter.com/berkeleyside\" target=\"_blank\" rel=\"noopener\">Twitter\u003c/a> and \u003ca href=\"https://www.facebook.com/berkeleyside\" target=\"_blank\" rel=\"noopener\">Facebook\u003c/a> or get the latest news in your inbox with \u003ca href=\"http://www.berkeleyside.com/e-news-signup/\" target=\"_blank\" rel=\"noopener\">Berkeleyside’s Daily Briefing\u003c/a>. Email us at tips@berkeleyside.com. Keep Berkeleyside running and support independent local journalism by \u003ca href=\"http://www.berkeleyside.com/support-us-by-becoming-a-member/\" target=\"_blank\" rel=\"noopener\">becoming a member\u003c/a>.\u003c/em>\u003c/p>\n\n","blocks":[],"excerpt":"Under the agreement, UC Berkeley has changed its campus events policy and agreed to pay $70,000 for the plaintiff's attorney fees.","status":"publish","parent":0,"modified":1543970599,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":924},"headData":{"title":"UC Berkeley and College Republicans Settle Free Speech Case | KQED","description":"Under the agreement, UC Berkeley has changed its campus events policy and agreed to pay $70,000 for the plaintiff's attorney fees.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"UC Berkeley and College Republicans Settle Free Speech Case","datePublished":"2018-12-04T20:02:40.000Z","dateModified":"2018-12-05T00:43:19.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11709925 https://ww2.kqed.org/news/?p=11709925","disqusUrl":"https://ww2.kqed.org/news/2018/12/04/uc-berkeley-and-college-republicans-settle-free-speech-case/","disqusTitle":"UC Berkeley and College Republicans Settle Free Speech Case","source":"Berkeleyside","sourceUrl":"https://www.berkeleyside.com","nprByline":"\u003cstrong>\u003ca href=\"https://www.berkeleyside.com/author/natalie\">Natalie Orenstein\u003c/a>\u003cbr />\u003ca href=\"https://www.berkeleyside.com/\">Berkeleyside\u003c/a>\u003c/strong>","path":"/news/11709925/uc-berkeley-and-college-republicans-settle-free-speech-case","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>UC Berkeley and a conservative student group have reached a settlement agreement in a prominent 2017 free speech case, both parties announced Monday.\u003c/p>\n\u003cp>Under the agreement, UC Berkeley has \u003ca href=\"https://www.berkeleyside.com/wp-content/uploads/2018/12/Exhibit-A-Revisions-to-Major-Events-Policy.pdf\" target=\"_blank\" rel=\"noopener\">changed its campus events policy\u003c/a>, explicitly laying out which events require student groups to pay security costs. The university also agreed to pay the \u003ca href=\"https://www.berkeleyside.com/2017/09/19/inconsequential-berkeley-college-republicans-now-command-national-attention\" target=\"_blank\" rel=\"noopener\">Berkeley College Republicans\u003c/a> and Young America’s Foundation $70,000 in attorney fees.\u003c/p>\n\u003cp>The organizations \u003ca href=\"https://www.berkeleyside.com/2017/04/24/berkeley-college-republicans-file-lawsuit-force-university-let-ann-coulter-speak\" target=\"_blank\" rel=\"noopener\">filed the lawsuit\u003c/a> in federal court in April 2017, alleging UC Berkeley violated conservative students’ First Amendment rights by placing prohibitive restrictions on when and where \u003ca href=\"https://www.kqed.org/news/11427970/reports-controversial-coulter-speech-at-uc-berkeley-cancelled\" target=\"_blank\" rel=\"noopener\">events featuring Ann Coulter\u003c/a> and David Horowitz could take place. The campus maintained that the restrictions were set in place due to legitimate security concerns — following violent protests that forced the cancellation of \u003ca href=\"https://www.kqed.org/news/11618852/free-speech-week-protestors-face-off-at-barricaded-sproul-plaza\" target=\"_blank\" rel=\"noopener\">Milo Yiannopoulos’ speech\u003c/a> earlier that year — rather than the political views of the speakers, and that the rules did not prevent the groups from holding their events.\u003c/p>\n\u003cfigure id=\"attachment_11709940\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003ca href=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut.jpg\">\u003cimg class=\"size-full wp-image-11709940\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/RS23996_20170201_MiloYiannopoulos_protest_Cal_Credit_BertJohnson-9-qut-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A campus police officer talks on his radio after protesters toppled a mobile light trailer and set it on fire during a demonstration against the scheduled appearance of Milo Yiannopoulos at UC Berkeley on Feb. 1, 2017. \u003ccite>(Bert Johnson/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The lawsuit emerged during the series of raucous protests and speaking events that trailed the Yiannopoulos melee on campus in 2017. While the public controversy has largely died down, the lawsuit has continued quietly in court. Judge Maxine Chesney dismissed the case in late 2017, but plaintiffs accepted her invitation to file an amended complaint in light of new developments.\u003c/p>\n\u003cp>Both sides said they considered the settlement a victory. However, they appear to be interpreting the implications of the agreement differently.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>UC Berkeley spokesman Dan Mogulof said the “insubstantial cosmetic changes” to the final events policy simply codify what the campus has been doing all along.\u003c/p>\n\u003cp>“We’ve clarified existing practices,” Mogulof said. “The claims that we had an unconstitutional events policy were thrown out of court.”\u003c/p>\n\u003cp>According to the new \u003ca href=\"https://www.berkeleyside.com/wp-content/uploads/2018/12/Exhibit-B-UCPD-Event-Fee-Schedule-FINAL.pdf\" target=\"_blank\" rel=\"noopener\">fee schedule\u003c/a>, student groups holding events in classrooms and similar venues are not required to pay for security, except in some specific cases like dances. Mogulof said this has been the university’s practice, pointing to several Berkeley College Republicans events last spring that he said were held at no cost to the students.\u003c/p>\n\u003cfigure id=\"attachment_11709947\" class=\"wp-caption aligncenter\" style=\"max-width: 800px\">\u003cimg class=\"size-medium wp-image-11709947\" src=\"https://ww2.kqed.org/news/wp-content/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627-800x600.jpg\" alt=\"\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627-160x120.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2018/12/Troy-Worden-president-of-Berkeley-College-Republicans-e1499883091627.jpg 1000w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003cfigcaption class=\"wp-caption-text\">Troy Worden, president of the Berkeley College Republicans, talks to reporters about the club’s invitation to Ann Coulter and the campus’s response in the spring of 2017. \u003ccite>(Natalie Orenstein/Berkeleyside)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Some venues that are rented out separately, like Zellerbach Hall, set their own security fees that student groups have always been, and are still, responsible for, he said. The Berkeley College Republicans and their sponsors, Young America’s Foundation, paid $9,000 for security, which the groups said was an unfair amount, when they hosted Ben Shapiro there in September 2017. UC Berkeley and the University of California paid $600,000 in security costs for anticipated protests outside the event that barely materialized.\u003c/p>\n\u003cp>If the Shapiro event happened again next year, the students would be responsible for the same or similar cost, Mogulof said.\u003c/p>\n\u003cp>The new policy also removes language that allowed the university to judge the nature of an event, and thus how much security would cost, based on its “complexity.” That passage was among pieces of the policy that prompted some conservatives to say the university discriminated against right-wing events. Mogulof said UC Berkeley never actually made any decisions based on the “complexity” provision.\u003c/p>\n\u003cp>Harmeet Dhillon, the lawyer for the plaintiffs, however, said the new policy required in the settlement “completely changes” the university’s approach to campus events. Her clients achieved the outcome they wanted, she said.\u003c/p>\n\u003cp>“They’re going to charge all student groups zero dollars for security — that is a landmark policy,” she said. “Our clients ... and our firm view this settlement as a major victory for the First Amendment rights of all students.”\u003c/p>\n\u003cp>Dhillon said her understanding of the agreement is that venues like Zellerbach can state flat security requirements for events held there, but cannot charge amounts that vary based on the nature of the event, like what happened, she said, when Shapiro spoke.\u003c/p>\n\u003cp>Dhillon said the $70,000 that UC Berkeley is obligated to pay her clients indicates campus culpability. She said the amount did not represent “100 percent of the attorney fees — that is customary in a settlement,” but declined to state how much her clients had paid.\u003c/p>\n\u003cp>Mogulof said the lawsuit has cost UC Berkeley an estimated $250,000.\u003c/p>\n\u003cp>“This is the sort of fight that protects something so foundational to the university,” he said. “It was worth all the effort and resources to establish beyond any doubt that the polices are constitutional.”\u003c/p>\n\u003cp>Mogulof said he is unaware of any events held by the College Republicans this year.\u003c/p>\n\u003cp>Troy Worden, who was president of the club when the lawsuit was filed, was among the many on the right who celebrated the settlement online Monday.\u003c/p>\n\u003cp>“Honored to have been a part of this momentous victory for the New Free Speech Movement,” he said \u003ca href=\"https://twitter.com/TroyWerden/status/1069684502170124302\">on Twitter\u003c/a>.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Follow Berkeleyside on \u003ca href=\"https://twitter.com/berkeleyside\" target=\"_blank\" rel=\"noopener\">Twitter\u003c/a> and \u003ca href=\"https://www.facebook.com/berkeleyside\" target=\"_blank\" rel=\"noopener\">Facebook\u003c/a> or get the latest news in your inbox with \u003ca href=\"http://www.berkeleyside.com/e-news-signup/\" target=\"_blank\" rel=\"noopener\">Berkeleyside’s Daily Briefing\u003c/a>. Email us at tips@berkeleyside.com. Keep Berkeleyside running and support independent local journalism by \u003ca href=\"http://www.berkeleyside.com/support-us-by-becoming-a-member/\" target=\"_blank\" rel=\"noopener\">becoming a member\u003c/a>.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11709925/uc-berkeley-and-college-republicans-settle-free-speech-case","authors":["byline_news_11709925"],"programs":["news_72"],"categories":["news_18540","news_6188","news_8"],"tags":["news_18797","news_20479","news_17597"],"affiliates":["news_5078"],"featImg":"news_11709927","label":"source_news_11709925"},"news_11630330":{"type":"posts","id":"news_11630330","meta":{"index":"posts_1591205157","site":"news","id":"11630330","score":null,"sort":[1510598085000]},"guestAuthors":[],"slug":"supreme-court-takes-on-case-about-free-speech-and-abortion","title":"Supreme Court Takes On Case About Free Speech and Abortion","publishDate":1510598085,"format":"standard","headTitle":"News Fix | KQED News","labelTerm":{},"content":"\u003cp>Does a California law violate the Constitution by requiring anti-abortion pregnancy centers to inform clients about free or low-cost abortion and contraception services? That's the question the Supreme Court is taking on, in a new case it accepted on Monday.\u003c/p>\n\u003cp>California's \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB775\" target=\"_blank\" rel=\"noopener\">Reproductive FACT Act\u003c/a> became law in October of 2015. It requires licensed and covered facilities to give all their clients notice that the state \"has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care, and abortion, for eligible women.\"\u003c/p>\n\u003cp>The law also gives the attorney general and other prosecutors the power \"to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements.\"\u003c/p>\n\u003cp>Anti-abortion group NIFLA — the National Institute of Family and Life Advocates — filed a legal challenge to the Reproductive FACT Act, saying that it forces clinics to promote or advertise abortion services.\u003c/p>\n\u003cp>In taking the case on, the Supreme Court justices limited their participation to one question: \"Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the Free Speech Clause of the First Amendment, applicable to the States through the Fourteenth Amendment.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[contextly_sidebar id=\"RosNGKZYyT6nieLnTmnM95hYjZ1aZsxj\"]\u003c/p>\n\u003cp>The California law generated lawsuits almost immediately, with several pregnancy centers suing the state and asking for the law to be struck down, as \u003ca href=\"https://www.npr.org/sections/health-shots/2015/11/04/454589142/california-law-adds-new-twist-to-abortion-religious-freedom-debate\" target=\"_blank\" rel=\"noopener\">NPR's Kelly McEvers reported\u003c/a> in the fall of 2015.\u003c/p>\n\u003cp>One of those suing was the Pacific Justice Institute, whose Brad Dacus spoke to Kelly about his reasoning.\u003c/p>\n\u003cp>\"It's like telling the Alcoholics Anonymous group that they have to have a large sign saying where people can get alcohol and booze for free,\" Dacus said. \"It's like telling a Jewish synagogue that they can have their service, and do their thing, but they have to have a large sign where people can go to pray to receive Jesus.\"\u003c/p>\n\u003cp>The Reproductive FACT Act details both the content of the clinics' message about abortion, and the method of delivery.\u003c/p>\n\u003cp>According to the law, the notice must read, \"California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].\"\u003c/p>\n\u003cp>It adds that the information must be disclosed in one of several ways, including a public notice in a conspicuous place in the waiting area, on paper which \"shall be at least 8.5 inches by 11 inches and written in no less than 22-point type.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Other options include providing printed or digital notices to all the clinics' clients.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Supreme+Court+Takes+On+Case+About+Free+Speech+And+Abortion&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n","blocks":[],"excerpt":"After California passed the Reproductive FACT Act in 2015, many anti-abortion pregnancy clinics filed lawsuits.","status":"publish","parent":0,"modified":1510603396,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":15,"wordCount":469},"headData":{"title":"Supreme Court Takes On Case About Free Speech and Abortion | KQED","description":"After California passed the Reproductive FACT Act in 2015, many anti-abortion pregnancy clinics filed lawsuits.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":"","schema":{"@context":"http://schema.org","@type":"NewsArticle","headline":"Supreme Court Takes On Case About Free Speech and Abortion","datePublished":"2017-11-13T18:34:45.000Z","dateModified":"2017-11-13T20:03:16.000Z","image":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png","isAccessibleForFree":"Y","publisher":{"@type":"NewsMediaOrganization","@id":"https://www.kqed.org/#organization","name":"KQED","url":"https://www.kqed.org","logo":"https://cdn.kqed.org/wp-content/uploads/2020/02/KQED-OG-Image@1x.png"}}},"disqusIdentifier":"11630330 https://ww2.kqed.org/news/?p=11630330","disqusUrl":"https://ww2.kqed.org/news/2017/11/13/supreme-court-takes-on-case-about-free-speech-and-abortion/","disqusTitle":"Supreme Court Takes On Case About Free Speech and Abortion","source":"NPR","sourceUrl":"www.npr.org","nprImageCredit":"Becky Sullivan","nprByline":"\u003cstrong/>Bill Chappell\u003c/strong>","nprImageAgency":"NPR","nprStoryId":"563737297","nprApiLink":"http://api.npr.org/query?id=563737297&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/sections/thetwo-way/2017/11/13/563737297/supreme-court-takes-on-case-about-free-speech-and-abortion?ft=nprml&f=563737297","nprRetrievedStory":"1","nprPubDate":"Mon, 13 Nov 2017 11:27:00 -0500","nprStoryDate":"Mon, 13 Nov 2017 11:27:00 -0500","nprLastModifiedDate":"Mon, 13 Nov 2017 11:27:10 -0500","path":"/news/11630330/supreme-court-takes-on-case-about-free-speech-and-abortion","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Does a California law violate the Constitution by requiring anti-abortion pregnancy centers to inform clients about free or low-cost abortion and contraception services? That's the question the Supreme Court is taking on, in a new case it accepted on Monday.\u003c/p>\n\u003cp>California's \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB775\" target=\"_blank\" rel=\"noopener\">Reproductive FACT Act\u003c/a> became law in October of 2015. It requires licensed and covered facilities to give all their clients notice that the state \"has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care, and abortion, for eligible women.\"\u003c/p>\n\u003cp>The law also gives the attorney general and other prosecutors the power \"to bring an action to impose a specified civil penalty against covered facilities that fail to comply with these requirements.\"\u003c/p>\n\u003cp>Anti-abortion group NIFLA — the National Institute of Family and Life Advocates — filed a legal challenge to the Reproductive FACT Act, saying that it forces clinics to promote or advertise abortion services.\u003c/p>\n\u003cp>In taking the case on, the Supreme Court justices limited their participation to one question: \"Whether the disclosures required by the California Reproductive FACT Act violate the protections set forth in the Free Speech Clause of the First Amendment, applicable to the States through the Fourteenth Amendment.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The California law generated lawsuits almost immediately, with several pregnancy centers suing the state and asking for the law to be struck down, as \u003ca href=\"https://www.npr.org/sections/health-shots/2015/11/04/454589142/california-law-adds-new-twist-to-abortion-religious-freedom-debate\" target=\"_blank\" rel=\"noopener\">NPR's Kelly McEvers reported\u003c/a> in the fall of 2015.\u003c/p>\n\u003cp>One of those suing was the Pacific Justice Institute, whose Brad Dacus spoke to Kelly about his reasoning.\u003c/p>\n\u003cp>\"It's like telling the Alcoholics Anonymous group that they have to have a large sign saying where people can get alcohol and booze for free,\" Dacus said. \"It's like telling a Jewish synagogue that they can have their service, and do their thing, but they have to have a large sign where people can go to pray to receive Jesus.\"\u003c/p>\n\u003cp>The Reproductive FACT Act details both the content of the clinics' message about abortion, and the method of delivery.\u003c/p>\n\u003cp>According to the law, the notice must read, \"California has public programs that provide immediate free or low-cost access to comprehensive family planning services (including all FDA-approved methods of contraception), prenatal care, and abortion for eligible women. To determine whether you qualify, contact the county social services office at [insert the telephone number].\"\u003c/p>\n\u003cp>It adds that the information must be disclosed in one of several ways, including a public notice in a conspicuous place in the waiting area, on paper which \"shall be at least 8.5 inches by 11 inches and written in no less than 22-point type.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Other options include providing printed or digital notices to all the clinics' clients.\u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2017 NPR. To see more, visit http://www.npr.org/.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Supreme+Court+Takes+On+Case+About+Free+Speech+And+Abortion&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11630330/supreme-court-takes-on-case-about-free-speech-and-abortion","authors":["byline_news_11630330"],"programs":["news_6944"],"categories":["news_457","news_6188","news_8"],"tags":["news_21979","news_18797","news_21980"],"featImg":"news_11630332","label":"source_news_11630330"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Possible-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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You ask the questions. You decide what Bay Curious investigates. And you join us on the journey to find the answers.","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Bay-Curious-Podcast-Tile-703x703-1.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/BBC-World-Service-Podcast-Tile-360x360-1.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. Hosted by journalists of color, the show tackles the subject of race head-on, exploring how it impacts every part of society — from politics and pop culture to history, sports and more.\u003cbr />\u003cbr />\u003cem>Life Kit\u003c/em>, which will be in the second part of the hour, guides you through spaces and feelings no one prepares you for — from finances to mental health, from workplace microaggressions to imposter syndrome, from relationships to parenting. The show features experts with real world experience and shares their knowledge. Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2024/04/Code-Switch-Life-Kit-Podcast-Tile-360x360-1.jpg","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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