UC Berkeley’s free speech legacy shattered by Antifa violence and inaction
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The University of California at Berkeley was once known as the birthplace of America’s modern free speech movement in 1964, led by graduate student Mario Savio. However, this legacy has been marred by successive events and policies at the university that run counter to our First Amendment ideals. The growing trend of left-wing violence targeting free speech in America was on full display this week when Antifa thugs crashed a peaceful Turning Point USA event at UC Berkeley. The crowd attacked attendees and damaged university property in an attempt to remove Turning Point from the venue. Police arrested only a few people.
University organizers did little to protect students or the public despite being aware of similar incidents of organized violence in the past. They are also accused of interfering with ticketed access to the event featuring Christian comedian Rob Schneider. Berkeley’s legacy as a bastion of free speech is in tatters, stained with the blood of event attendees who came in good faith and were beaten and assaulted by a malicious, organized mob; Berkeley police and campus administrators did little to stop the massacre.
Prior to the event, the campus was reportedly littered with fliers promising violence against the Turning Point event, with violent groups well known to the campus and city clearly taking credit for their desired targets. This is a trait that has become all too common among radical left groups that embrace violence as a means to achieve political ends. Posting their targets in an attempt to silence their perceived opponents (the classic “heckler veto” but with a slightly different approach), Antifa hecklers are now armed and ready to cause mayhem.
CALIFORNIA WOMAN CHARGED IN CONNECTION WITH DISRUPTING A US APRIL TURNPOINT EVENT ON A COLLEGE CAMPUS
That’s exactly why President Donald Trump issued an executive order earlier this year designating Antifa as a terrorist organization, and Attorney General Pam Bondi is vigorously enforcing that directive. What we saw at Berkeley only reinforces the need for a coordinated response to targeted, ideologically motivated violence.
History shows that violence against conservatives is nothing new at UC Berkeley. The university settled a lawsuit filed in 2018 by the Young America’s Foundation and Berkeley College Republicans after they tried to impose exorbitant security costs on student groups that were required because many violent left-wing students on campus threatened event security. I was the attorney representing the plaintiffs in that case. As part of the agreement, UC Berkeley agreed to ensure that conservative student groups can exercise their First Amendment rights just like other student groups on campus. This includes providing adequate security to ensure a crowd of protesters does not disrupt events.
Judging by this week’s events, UC Berkeley may not make it to the end of the deal. Worse still, reports that university officials suppressed attendance at the event and did not recognize or acknowledge certain ticketed attendees are extremely concerning and deserve investigation.
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The number of protesters at a high-profile event requires extensive security measures by the university. The First Amendment demands that a public university provide such protection equally and impartially, regardless of the speaker’s point of view. This is true even if the need for greater security is the result of a hostile environment on campus. Peaceful speakers and those who come to hear them should not be forced to shoulder the burden of the university’s failure to foster an accepting, nonviolent culture for students.
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Given the alarming behavior of violent groups on campus and the completely inadequate response of both the university and the city of Berkeley, the Civil Rights Division, under the leadership and direction of Attorney General Pam Bondi, launched an investigation to determine whether any violations of federal civil rights laws had occurred. This includes the acts or omissions of university officials and any conspiracy by private parties to violate the civil rights of Turning Point members, speakers, or attendees. Any violations of the law will be dealt with quickly. We are coordinating this work with the Joint Terrorism Task Force and other units of the Department of Justice, and may uncover additional allegations as we investigate the Antifa coordination, campus violence, and police failures we saw in Berkeley this week.
UC Berkeley was the birthplace of the free speech movement. But this week’s events confirm that the school still has problems with left-wing violence. This is a feature of life on the Berkeley campus that contrasts with the school’s venerable tradition of promoting the free exchange of ideas. If UC Berkeley or the California Board of Regents do not contain this violence, and we continue to witness police practices in the city of Berkeley that place innocent Americans at risk based on their perceived viewpoints, the Department of Justice will step in and ensure fidelity to our first principles of free speech on public campuses.
