More On The Free Speech Scandal At UC-Berkeley Law School

Taxprof:

Following up on last week’s post, UC-Berkeley Law Faculty Statement In Support Of Jewish Students:  Chronicle of Higher Education Op-Ed:  A Free-Speech Scandal at Berkeley Law, by Steven Lubet (Northwestern):

The University of California’s Berkeley campus has been a hotbed of leftist politics since at least the early 1960s, so it is unsurprising that students at its prestigious law school have long embraced the cause of Palestinian rights. It was shocking, however, when the latest expression of anti-Israel sentiment veered into territory so extreme that even the law school’s progressive dean, Erwin Chemerinsky, observed that it could be seen as antisemitic. Although the students had not in any sense established “Jewish-free zones,” as some overheated commentaries called them, what they did was bad enough. Nine law-school affinity organizations, nominally representing a majority of the student body, adopted a bylaw providing that they will not “lend platforms to speakers” who “have professed or continue to hold” Zionist views.

Yes, you read that correctly. The bylaw does not simply prohibit pro-Israel presentations at the organizations’ events. It bans speakers on any topic who happen to support the existence of Israel — a category that encompasses more than 80 percent of the world’s Jews, and includes many Berkeley Law students and faculty. As Chemerinsky remarked in an email to students, “Indeed, taken literally, this would mean that I could not be invited to speak because I support the existence of Israel, though I condemn many of its policies.” For the same reason, I would also be unable to speak to the student groups about my research on 19th-century abolitionist lawyers, notwithstanding my decades of support for the anti-occupation movement within Israel. …