Media Coverage 10/30/17

Media coverage of UC continued to focus on free speech as the university system launched a DC-based center to study the First Amendment and the Daily Cal took heat for a cartoon many called anti-semitic. In an interview with the LA Times, UC President Janet Napolitano explained the thinking behind the center, saying, ““The students themselves are raising questions about free speech and does it apply to homophobic speech, does it apply to racist speech? We have to consider the student concerns but return to basic principles about what free speech means and how do we better educate students about the extent of the 1st Amendment.” The advisory board of the National Center for Free Speech and Civic Engagement (to see the center’s website, click here) includes former US Senator Barbara Boxer, conservative columnist George Will and Tamara Keith, NPR’s white house correspondent, among others.

In related news, the Daily Cal removed from its website and apologized for a cartoon that depicted retired Harvard Law Professor Alan Dershowitz. The cartoon reportedly intended to depict the hypocrisy Israel-supporters display toward Palestine. In a letter to the editor, Chancellor Christ asked, “Are you aware that its anti-Semitic imagery connects directly to the centuries-old ‘blood libel’ that falsely accused Jews of engaging in ritual murder?” The far-right website Breitbart called the cartoon Nazi-themed, a claim echoed by Dershowitz.

In other news, the melodrama within the Berkeley College Republicans continued to unspool in reporting by the San Jose Mercury News. Meanwhile, an internal audit found Berkeley is not in compliance with its $15 minimum wage. We also revisit a Daily Cal piece from last week that takes a deep dive on Cal Athletic’s debt, the largest burden of any American university athletics department.

Continuing this blog’s focus on the debate over free speech, five pieces on the topic are highlighted, including commentary from Yale Law Professor Robert Post, part of a back and forth debate with Berkeley Law Dean Erwin Chemerinsky. In the piece, Post argues, “Underlying Chemerinsky’s [claim that free speech must be protected vigorously on campus] is the assumption that speech within the university (and outside the classroom) is the same as in the public sphere. But the root and fiber of the university is not equivalent to the public sphere. ” A piece in the New Yorker explored the controversy stemming from an invitation Bard College extended for a conference at its Hannah Arendt Center to a member of Germany’s far-right AfD party (which recently won seats in the Bundestag). Other pieces touch on the First Amendment in the digital age and a congressional hearing on campus speech.

Free Speech Center & a Cartoon

10/26 – UC, roiled by 1st Amendment controversies, to launch national free speech center (LATimes): The article frames the center’s launch as a response to political clashes at and around UC Berkeley, though the piece notes such controversies are happening across the country, though Berkeley has become a symbol of the times.

10/26 – University of California to open free speech center in Washington DC (SFGate): The center will be funded with donations and fundraising.

10/27 – Editorial: University of California’s commitment to free speech is badly needed (SDUT): The paper’s editorial board, often critical of Napolitano, praises UC’s president for her leadership on free speech.

10/27 – University of California launches First Amendment center to study free speech (Breitbart): The far-right publication’s coverage of the launch is fairly straightforward, though the organization leads its post with an image of a fire from Milo Yiannopoulos’s first aborted campus appearance.

10/26 – Cal’s student newspaper apologizes for cartoon after backlash (SFChronicle): The paper’s Editor-in-Chief wrote, “The criticism we have received reaffirms for us a need for a more critical editing eye, and a stronger understanding of the violent history and contemporary manifestations of anti-Semitism. We appreciate those who have reached out offering to help us better our understanding of these issues. We will be taking them up on the offer.”

10/29 – UC Berkeley Paper Apologizes For Anti-Semitic Cartoon (Breitbart): The article quotes Dershowitz as saying the cartoon was “a hard Left neo-Nazi cartoon,” thus continuing a trend of the right turning the criticism’s of the left back on the left.

Other News

10/28 – Bitter feud divides Berkeley College Republicans as the club’s future hangs in the balance (SJMN): According to the piece, “In the past, the student club was a quiet group of Ronald Reagan admirers who talked about issues such as free trade. In the last year or so, however, a vocal contingent of members have sent the club lurching to the right and into the spotlight.”

10/25 – UC Berkeley not in compliance with 2015 fair wage plan, internal audit finds (DailyCal): The issue was not limited to Berkeley, but appears to be a problem across the UC system.

10/19 – ‘An impossible situation’: Cal Athletics gets $20M bailout from chancellor’s office (DailyCal): Cal Athletics will receive $20 million from the chancellor’s office, which pushes the total amount of bailout funding to $100 million since 2010. According to the piece:

According to a department financial report, Cal Athletics expects to pay about $18 million annually in interest until 2032, when the principal of the debt kicks in. Payments will then jump to more than $25 million per year and gradually inch close to $40 million. For reference, the total revenue for Cal Athletics in the 2016 fiscal year was about $86 million.

In total, Cal Athletics holds more than $400 million in debt, the most of any athletic department in the country, almost entirely from the renovation and seismic retrofitting of the stadium and construction of its athletics complex. Bloomberg News has called the debt “crippling.” Deadspin ran a piece this summer with the headline, “Cal Is Fucked Because Of Its Stupid Stadium Deal.”

Free Speech

10/25 – Op-Ed: There is no 1st Amendment right to speak on a college campus (Vox): To drive home his point, Post shares the following example, “To give a simple example, students are free to march with candles chanting, “No means yes, yes means anal,” in a park. The First Amendment gives them the right to do so. But no sane university would tolerate a student group marching through its campus shouting this ugly slogan (as some male students once did at Yale). ”

10/26 – Column: Does the Far Right Have a Place at Academic Conferences? (NewYorker): The piece argues that making room in academia for far-right thinking could be dangerous.

10/27 – Op-Ed: How Twitter Killed the First Amendment (NYT): The author, a professor of law at Columbia, considers the inadequacy of the First Amendment for our Internet age.

10/27 – Congress Rallies Around Campus Free Speech (IHE):  The article covers a congressional hearing that touched on the Charles Murray fiasco at Middlebury college.

10/29 – Blog Post: The Problem with “Taking Offense” (Academe): The post considers the way framing student activism as a matter of “being offended” undersells the legitimate complaints of students.

Media Coverage 10/23/17

Over the week, the student journalists at the Daily Cal published a number of well-reported pieces, including an article on a power struggle within the Berkeley College Republicans student organization. The group is marred by a split between a rising “alt-right” wing and those who claim fidelity to established Republican doctrine, a divide that resembles what the GOP is facing nationally. In a separate piece, the paper reported that Cal Athletics will receive $20 million from the chancellor’s office, which pushes the total amount of bailout funding to $100 million since 2010. In another piece, the paper documented how severe the university’s reliance on corporate research sponsors has become: industry funds have grown from $32 million in FY 2007 to $72 million in FY 2017, a figure that accounts for around nine percent of all new research awards. Among the donors are Altria, which owns Philip Morris. The online version of the article has a very detailed visualization of funding sources and receiving departments, which is worth taking a close look at (scroll to the bottom of the article).

In other news, UC President Janet Napolitano emphasized the university’s commitment to survivors of domestic abuse in a Huff Po op-ed and an interview with the Daily Cal. In the op-ed, Napolitano writes, “UC is setting clear expectations, demanding accountability, communicating about services we provide for survivors of violence, and much more.” The interview is worth a close look, as Napolitano also touches on recent security costs for right-wing speakers and the possibility of tuition hikes.

Gov. Jerry Brown surprised a number of commentators when he vetoed a bill that “would have codified into law controversial guidance issued by the Obama administration’s Department of Education on Title IX,” according to the Atlantic. Brown said his veto was driven by concern about due process rights for students accused of sexual misconduct, a concern more often voiced on the right than left. In a less surprising move, the governor signed a bill that covers tuition for first-year community college students.

Gainesville, Florida became the focus of the campus free speech debate last week, as white supremacist Richard Spencer made an appearance at the University of Florida. After his talk was cut short by hecklers, The Chronicle of Higher Education published a piece exploring how some campuses have made moves to limit heckling, which is often employed to silence speakers. UF President W. Kent Fuchs called the costs of providing security “unfair,” though he looks wise for taking the threat of violence seriously, as Spencer supporters allegedly fired a gun at protestors. Away from the Sunshine State, the University of Chicago hosted a closed-door session for campus leaders to discuss free speech.

Daily Cal on a Roll

10/15 – Berkeley College Republicans president impeached by secretary amid power struggle (DailyCal): The student who led the ouster of the organization’s president accused his colleague of turning the organization into a “troll factory.”

10/19 – ‘An impossible situation’: Cal Athletics gets $20M bailout from chancellor’s office (DailyCal): As Cal Athletics struggles with its debt, the article notes, “Major cuts to Cal Athletics could be on the way in the coming months. Teams might be removed, rosters may be reduced and Edwards Stadium could be turned into housing.”

10/13 – Industry-funded research takes on a larger role on a cash-strapped campus (DailyCal): According to the piece, “For every dollar that was awarded to STEM recipients from 2014 to 2016, less than 3 cents were awarded to non-STEM recipients.”

President Napolitano

10/18 – Napolitano: University of California and State Leaders Work to Enhance Public University Support for Survivors of Domestic Violence (HuffPo): The piece makes the case that UC is making progress on the issue.

10/13 – Transcript: Napolitano talks DACA, sexual harassment and tuition (DailyCal): Napolitano calls the aborted “Free Speech Week” at Berkeley exceptional:

(My) thought process was that the campus was making the right decisions. In other words, even though the campus and its leadership disagreed vehemently with the views of the speaker, they were still views that were entitled to First Amendment protection, they were speech. But it seemed that the expenses that were being borne by the campus were exceptional. Normally, campuses pay for their own security expenses — we don’t pay for that as the Office of the President.

But there’s always room for exceptions to the general rule, and the combination of Shapiro plus Milo (Yiannopoulos) and “Free Speech Week” seemed to me to be a set of exceptional circumstances where we could — the Office of the President should — pitch in and help. 

Gov. Brown

10/19 – An Unexpected Ally for Betsy DeVos on Campus Sexual Assault (Atlantic): The article quotes Brown as noting, “(T)houghtful legal minds have increasingly questioned whether federal and state actions to prevent and redress sexual harassment and assault—well-intentioned as they are—have also unintentionally resulted in some colleges’ failure to uphold due process for accused students.”

10/13 – Jerry Brown signs bill to make community college free statewide for first year (SFGate): The bill will save students about $1,000 their first year.

Free Speech

10/18 – University Chief: Security Cost for Spencer Speech ‘Unfair’ (NYT): Costs were estimated to be $600,000.

10/19 – Heckling Is a Staple of Controversial Campus Speeches. Should Colleges Intervene? (Chronicle): The University of Wisconsin disciplines students who heckle speakers.

10/20 – White nationalist shot at protesters after Richard Spencer speech in Florida, police say (LATimes): The alleged shooters were quickly arrested driving away from the scene.

10/16 – Presidents and Provosts Gather to Consider Free Speech Issues (Inside|HigherEd): Some attendees pushed against the portrayal of college students as sensitive “snowflakes,” a term popular on the right.

 

Media Coverage 10/16/17

Gov. Jerry Brown signed a law this weekend which imposes strict new budget transparency rules on the University of California, a response to a highly critical state audit that argued UC hid $175 million in reserves. The UC system disputed the audit’s framing, conceding the budget may have been hard to read, but resisting the characterization that money was concealed. In response to allegations UCOP interfered in the audit, the bill also prevents campuses from coordinating with UCOP when the state auditor’s office requests information.

In a follow-up to a piece from last week, Fox News reported on the harassment of conservative students on Berkeley’s campus. This week’s article frames such students as a persecuted minority, writing, “(Conservative Berkeley undergrad Jonathan) Chow is not like most of his fellow students. He’s part of a small minority of seemingly marginalized students at one of the largest universities in the U.S. He’s a conservative.” The article quotes Steven Hayward, a senior resident fellow at the Institute for Governmental Studies.

“It’s certainly not easy,” Hayward, a conservative, told Fox News. “There are not many conservative students — and those that are conservative are, many times, afraid to speak for fear of being mocked or trolled by their fellow students.”

In other news, UC Berkeley’s endowment office hired a new chief investment officer, who comes to campus from the University of Washington. At UC Davis, a professor was forced to return $1,000, which he had received as reimbursements for limo rides.

In the realm of free speech, Wendy Brown and Judith Butler both published reflections on the path forward in the Trump era as part of The Big Picture, a symposium organized by Public Books and NYU’s Institute for Public Knowledge. Brown considers what the definition of freedom promoted by the right conceals, while Butler explores the repercussions of Antifa’s tactics on the broader left community. Meanwhile, California Attorney General Xavier Becerra was prevented from speaking at Whittier College by right-wing protestors, flipping a script that usually pits left-wing campus activists against conservative thinkers. Meanwhile, the White House suggested UNLV investigate a professor who linked the shooting in Las Vegas to Trump’s election. And at Drexel, a professor whose outspoken positions have earlier attracted controversy was suspended for what the university claims is his own protection.

UC News

10/14 – After scathing audit, UC will have to be more transparent in reporting costs (LATimes): The bill will further require UC to “use publicly available financial information when it publishes its biennial report on the costs of undergraduate, graduate and professional degrees.”

10/12 – Conservative students at UC Berkeley face everything from insults to threats of violence (FoxNews): The article ends with a nice glimmer of productive introspection:

(“Free Speech Week”) also highlighted a divide among the school’s conservatives that some blame for the ramping up in the harassment aimed at the group.

Chow, who has been a member of BCR for two years, said the organization’s new leadership is taking the group in a different direction – now it focuses on bringing in provocative speakers with far-right views and creating pet projects like the Berkeley Patriot. He said the group now seems more interested in sparking controversy than making positive changes.

“They are all about creating outlandish remarks and trying to pull off these outlandish events,” Chow said, “… there is hypocrisy on both sides.”

10/11 – UC Berkeley Finds New CIO at University of Washington (Institutional.Investor): The Berkeley Endowment Management Company oversees $1.8 billion.

10/12 – UC Davis professor charged school almost $1,000 for limo trips, audit says (SacBee): The audit report into the matter does not name the professor.

Free Speech

10/10 – Wendy Brown – The Big Picture: Defending Society (PublicBooks): UC Berkeley Professor Wendy Brown argues that the political right’s embrace of a neoliberal conception of freedom  has obscured the connection between the broader social good and freedom. In particular, she is critical of the right’s move to cover white nationalism and patriarchy in the guise of free speech. In response, she argues:

…we may still want to extend to all the right to speak and assemble. Or we may want to consider that the West’s first known democracy, in ancient Athens, did not feature free speech but isegoria, equal speech, the right of every citizen to be heard in assemblies concerning public policy. It did not feature freedom from state interference but isonomia, equality before the laws of the state. It did not feature managed and bought elections, but isopoliteia, equally weighted votes and equal access to political office. Democracy in its cradle was not rooted in individual license but in freedom resting on three pillars of political equality.

If we cannot afford stupidity about how profoundly neoliberalism has stripped freedom of the context and culture that make it an element of justice and popular sovereignty, we also cannot cede freedom to the right, to neoliberalism, and to the white nationalism daily attracting new recruits in the Euro-Atlantic world. Plutocrats, nativists, and fascists have grabbed freedom’s mantle to attack democracy, but we cannot fall into the trap of opposing it in the name of other values—security, safety, inclusion, or fairness. Rather, our task is to challenge the neoliberal and right-wing discourse of libertarian and market freedom with a discourse that relinks freedom with emancipation (and thus with social justice) and with democracy (and thus with political equality).

10/13 – Judith Butler – The Big Picture: Protest, Violent and Nonviolent (PublicBooks): UC Berkeley Professor Judith Butler argues that debates over the appropriateness and effectiveness of Antifa’s violent tactics fail to consider the “radical exclusions” from American democracy that contributed to Trump’s rise. As Butler contends:

A minority elected this government, which means that the electoral result signifies a crisis in democratic politics. Violence only compounds the sense of hopelessness and skepticism about the possibility of practicing democracy, when that is precisely what we need most: the exercise of judgment, freedom, and power within the sphere of politics that can activate the true majority to drive Trump and his crew out of office.

Again, one can argue against violence both on principle and on practical grounds. It is of course ironic, if not appalling, that the members of the Black Bloc, a group of mainly white men emphatically able-bodied, decided to turn the police barricades into instruments of violence and destroyed part of the Martin Luther King Jr. Student Union on the UC Berkeley campus last spring. Did they think in advance about how painful it would be for many people to witness an attack on the building on campus that symbolizes and honors the struggle for civil rights?

10/10 – A college professor criticized Trump. Now the White House wants an investigation (Salon): The publication accuses the Trump administration of hypocrisy for criticizing the professor while also promoting free speech on campus.

10/15 – Who’s Exercising a “Heckler’s Veto” Now? (Academe): The hecklers have frequently sought attention by disrupting appearances by Democrats.

10/15 – On Missing the Point About Academic Freedom and Free Speech (Academe): The post wades into a debate about the suspension of a Drexel professor who was threatened after expressing views on the Las Vegas shooting. The AAUP weighed in to criticize Drexel for suspending the professor without due process.

Media Coverage 10/9/17

Last week the student group responsible for the flubbed “Free Speech Week” asked the US Department of Justice to investigate UC Berkeley’s administration for what they claim is retaliatory behavior. The group’s lawyer alleges in a complaint that Chancellor Christ threatened conservative students with a criminal investigation based on comments she made in reference to hateful messages that appeared in chalk and on posters ahead of the planned event. Berkeley Patriot, the student organization, interpreted Christ’s insistence that the campus would investigate the messaging as a veiled threat at conservative students broadly. According to the San Francisco Chronicle, “Campus spokesman Dan Mogulof called the allegations ‘utterly unfounded’ and said the complaint ‘seems like a desperate attempt to avoid any responsibility for the collapse of the events.'” In an op-ed, Erwin Chemerinsky, dean of Berkeley’s law school, praised Christ’s handling of the “Free Speech Week” controversy. In the op-ed, Chemerinsky wrote:

Be clear, if Chancellor Christ were to prevent particular speakers because of their offensive message, she would get sued. The speakers would win and get an injunction to allow them to speak. The campus would have to pay their attorney fees and perhaps money damages as well. The excluded speakers would be victims and martyrs. And nothing would be gained because they would get to speak anyway.

Overall, media coverage of Berkeley and debates about free speech on campus were quieted as attention once again turned to gun control following the tragedy in Las Vegas. Nonetheless, an event at the College of William & Mary sparked debate. At an event focused on the First Amendment, a member of the ACLU’s Virginia arm was prevented from speaking by Black Lives Matter protestors who were critical of the organization for its commitment to defending the First Amendment rights of white supremacists. An op-ed in the New York Times struck a sympathetic but critical tone, noting, “someone should tell (the student protestors) that if the principle of free speech is curtailed, those with the least power are most likely to feel the chill.”

“Free Speech Week” Fallout

10/4 – Conservative Berkeley students ask US Justice Department to launch investigation (SFChronicle): The article notes that Berkeley Patriot claims they cancelled the event due to the perceived threat of an investigation.

You can read the complaint here.

10/3 – Op-Ed: Why UC Berkeley was right not to ban Milo, and other lessons from Free Speech Week (SacBee): Chemerinsky also dismissed Attorney General Jeff Sessions’ assertion that free speech is imperiled on campus, saying such events as “Free Speech Week” are intentional spectacles.

10/3 – Op-Ed: Millions for security, cuts to critical theory program underscore need for transparency (DailyCal): Two doctoral students bemoan cuts to the Program in Critical Theory and the obscure decision-making that led to the downsizing. The authors contrast the decision with the public affirmation the university made to fund security for the recent string of right-wing appearances.

9/20 – UC system will chip in at least $300,000 to help Berkeley pay security costs for controversial speakers (LATimes): In a news item this blog originally missed, the UC system chipped in $300,000 to help Berkeley pay its recent security bill.

10/5 – Antifa stalking UC Berkeley’s conservative students, group says (FoxNews): Berkeley College Republican members have had their locations Tweeted by Antifa-affiliated accounts.

Free Speech

10/6 – Op-Ed: The Worst Time for the Left to Give Up on Free Speech (NYT): The author contends, “When disputes about free speech are adjudicated not according to broad principles but according to who has power, the left will mostly lose.”

10/5 – ACLU Speaker Shouted Down at William & Mary (IHE): Students reportedly chanted “ACLU, you protect Hitler, too.”

 

Media Coverage 10/2/17

While “Free Speech Week” was called off, a number of small rallies drew protestors from opposite sides of the political spectrum to Sproul Plaza last week. A large police presence, reserved in anticipation of “Free Speech Week,” was visible throughout campus and a handful of arrests were made following scuffles. However, the national media paid little attention to events on campus after the much-hyped parade of high profile conservative speakers was cancelled, instead shifting their attention to consider free speech in the context of NFL protests.

In an interview with The Chronicle of Higher Education, Chancellor Christ contrasted the appearance by Ben Shapiro, who was invited by the Berkeley College Republicans, with “Free Speech Week,” which was driven by a small and largely inactive student group, Berkeley Patriot. Christ called the latter event a “fiction” meant to provide a useful narrative for the alt-right, while the former event realized its stated purpose, namely providing an opportunity for a conservative thinker to share his views on campus. Christ’s further said she suspects Berkeley Patriot never intended for their event to occur, a view backed up by email records obtained by the San Jose Mercury News. In an email exchange with campus leaders, one of the invited right wing speakers, Lucian Wintrich, wrote, “It was known that they didn’t intend to actually go through with it last week, and completely decided on Wednesday.”

The big picture emphasis on free speech in the national media was driven in part by a speech Attorney General Jeff Sessions gave at Georgetown University. Sessions declared, “A national recommitment to free speech on campus and to ensuring First Amendment rights is long overdue.” While the right attacked campuses for supposedly not embracing free speech, a number of commentators called out the apparent hypocrisy of conservative commentators, who during the week were critical of high-profile protests by NFL players. A number of pieces exploring the issue of free speech are included in this week’s news summary on the Our University blog. While the featured writers dismiss the speech of Milo and his coterie as hollow grandstanding, a number are critical of the reception mainstream conservative thinkers receive from student activists.

The Week That Wasn’t

9/26 – Berkeley’s Leader Saw Hints That ‘Free Speech Week’ Was a Stunt. Here’s Why She Planned for It Anyway (Chronicle): Christ emphasized how the campus went of its way to help the group behind “Free Speech Week,” though she now doubts the group ever intended to hold the event:

“We took extraordinary measures to try and accommodate them even though they missed all these deadlines. And we have spent extraordinary resources, not just in money for security, but in people’s time, and the amount of administrative attention this has received.”

9/25 – UC Berkeley’s ‘Free Speech Week’ officially canceled, appeared to be set-up from the start (SJMN): A lawyer for Berkeley Patriot denies Wintrich’s account, saying the group planned to go ahead with “Free Speech Week.”

9/25 – And the point of all this was what exactly? (SFGate): Sociologist David Meyer who studies social movements said Milo’s appearance, albeit brief, was a victory for the provocateur.

9/28 – Milo, Ann Coulter and the “Free Speech Week” Add Up to the Right’s Best Troll Yet (Wired): The article outlines the strategy behind the alt-right’s focus on Berkeley. Namely, appearing on a campus famed for its commitment to free speech forces the university to shell out large sums of money for security, which often prevents violence, but nonetheless provides the right with the optics they crave.

9/26 – Column: The Milo Yiannopoulos shtick shows the disconnect between Berkeley students and the meaning of free speech (LATimes): The article suggests the climate on campus is not conducive to views that go against the grain. The writer notes the difference between the abhorrent rhetoric of the far right and the main stream right, asking if the latter is welcome.

9/26 – Scuffles break out during far-right march in Berkeley; at least 3 arrested (LATimes): The article describes a campus protest by the right wing group Patriot Prayer and scuffles with counter protestors.

9/26 – Confrontations Result in Arrests During Patriot Prayer March in Berkeley (NBC/BayArea): Three were arrested at the Patriot Prayer rally.

9/27 – Berkeley: Suspicious package defuses latest free speech protests (SJMN): A rally that pitted left and right wing protestors against each other was dispersed by police due to a suspicious package.

9/27 – Antifa leader, teacher Yvonne Felarca arrested at ’empathy tent’ Berkeley brawl (FoxNews): The conservative news outlet highlights the arrest of a local Antifa leader who has become a symbol of the movement within right-wing media channels.

Free Speech in Focus

9/26 – Sessions’ Justice Dept. Will Weigh In on Free-Speech Cases. What Should Campuses Expect? (Chronicle): Sessions announced the Justice Department plans to “enforce federal law, defend free speech, and protect students’ free expression from whatever end of the political spectrum it may come.” However, a number of the institutions the Justice Department has singled out maybe surprising, including Boise State, Clemson and Georgia Gwinnett College. The Justice Department last week filed a statement of interest regarding a case against Georgia Gwinnett last week.

9/26 – Sessions Calls for ‘Recommitment’ to Free Speech on Campus, Diving Into Debate (NYT): You can read Sessions’ prepared remarks in full here.

10/1 – Flip-Flopping on Free Speech (NewYorker): Historian Jill Lepore writes “An unwillingness to engage with conservative thought, an aversion to debate, and a weakened commitment to free speech are among the failures of the left.” While she rejects the claim made by those on the right that conservatives are interested in promoting free speech, she is quite critical of left’s drift away from the lessons of Mario Savio and Harry Edwards.

9/28 – Why We Must Still Defend Free Speech (NYRB): The ACLU’s national legal director argues that while free speech is difficult in such an unequal society, a commitment to its defense is our best bet for preserving democratic pluralism, defending the most marginalized and avoiding violence.

9/26 – A Nation of Snowflakes (Atlantic): The columnist probes the role of the Trump-era state in silencing free, writing, “The boundaries of free speech that elements of the conservative movement mean to set delineate a world in which the state protects the right to discriminate against religious, ethnic, sexual, and gender minorities, and those who choose to protest such treatment can be easily marginalized with public opprobrium or state violence if necessary.”

9/26 – Why Banning Speakers Is Absolutely Wrong (Academe): The author takes a very critical view of a letter Berkeley faculty, students and staff signed calling for a boycott during “Free Speech Week.” The author, TK, writes, “Calling for a campus boycott with the goal of banning certain events and certain speech is an attempt at repression.” He also dismisses claims that “Free Speech Week” posed a threat to students covered by DACA.

9/27 – Free Speech Then and Now: The FSM and the Alt-Right on Campus (Academe): The author, a professor of English, explores how speech on campus has changed under neoliberalism and the embrace of corporate-style techniques for controlling behavior.

Media Coverage 9/25/17

“Free Speech Week” is off. Following a series of conflicting media reports, it emerged that the student organization that had hastily invited a parade of alt-right speakers to campus for a week-long event had backed out. After hosting a video-press conference on Saturday, event headliner Milo Yiannopoulos appeared on campus Sunday without the backing of any student organization. The university spent an estimated $800,000 to muster a police force for the event, which was largely peaceful despite a large contingent of protesters and a smaller but sizable coterie of right-wing activists. During his brief speech, Yiannopoulos made a sex joke and invited his supporters to pray. After interacting with supporters for about 15 minutes, he was whisked away in a GMC Yukon parked outside Barrows Hall. The student organization behind “Free Speech Week” has reportedly filed a civil rights complaint against UC Berkeley for denying their First Amendment rights. The campus was posed to spend millions on security to ensure the week could occur safely.

Turn-of-the-screw stories detailing the on-again-off-again drama of “Free Speech Week” overshadowed two incidents in which individual members of the Berkeley community were harassed by “Free Speech Week” participants. In one incident, posters from the David Horowitz Freedom Center accused community members of supporting terrorism. In another incident, Yiannopoulos posted information online about two students who had been critical of Free Speech Week.

While “Free Speech Week” monopolized media attention, two stories concerning UC’s financial situation made the news. According to the Daily Cal, the administration is considering cutting funding for Berkeley Connect, a program that unites graduate student mentors with undergraduates. The program not only helps undergrads navigate Cal, but also provides funding to graduate students. A Daily Cal editorial urged the administration to protect the program.

Meanwhile, the LA Times reported that over 5,400 UC retirees take in annual pensions worth over $100,000. As the article notes, “Someone without a pension would need savings between $2 million and $3 million to guarantee a similar income in retirement.” According to the paper, “the number of UC retirees collecting six-figure pensions has increased 60% since 2012.”

Free Speech Sunday

9/21 – UC Berkeley students harassed after Milo Yiannopoulos publicly identifies them (DailyCal): Yiannopoulos published photographs of the two students on social media accounts.

9/21 – Posters alleging UC Berkeley community members are ‘terrorist supporters’ appear on campus (DailyCal): Chancellor Christ condemned the posters in a campus-wide email.

9/24 – Milo Yiannopoulos’ brief visit was ‘most expensive photo op’ in Cal history (SFGate): The article offers a ticker-style update of the day’s events.

9/24 – Milo Yiannopoulos’ 15 minutes in Berkeley cost university $800,000 (SJMN): Yiannopoulos argues the campus prevented his supporters from making it to his speech.

9/23 – Yiannopoulos pledges to speak on UC Berkeley campus Sunday, welcome or not (SFChronicle): In a video conference on Saturday, Yiannopoulos said:

We are going to be hosting an event come hell or high water. We will be expressing our constitutional rights to free speech, free expression, on Sproul Plaza, the home of the Free Speech Movement, tomorrow as planned, with or without student help, with or without the cooperation of UC Berkeley itself. The administration has done everything in its power to crush its own students’ aspirations. UC Berkeley has a deservedly poor reputation for free speech.

9/22 – Milo Yiannopoulos’ ‘Free Speech Week’ At Berkeley Falls Apart, Organizers Say (NPR): The article highlights the confusion around what led to the downfall of Free Speech Week.

9/24 – In Sad, Sad Press Conference, Milo Says ‘Free Speech Week’ Is Now Just One Measly Rally (HuffPo): Yiannopoulos appeared beside an anti-Islamic activist and a noted conspiracy theorist and “mens’ rights” activist.

9/22 – Berkeley Patriot files civil rights complaint against UC Berkeley (DailyCal): The complaint is included as a PDF in the story.

9/22 – Let Right-Wing Speakers Come to Berkeley? Faculty Is Divided (NYT): The article highlights a debate among faculty members over how the campus should respond to the incursions of extreme right-wing speakers.

9/23 – Organizers call off far-right festival at UC Berkeley; some speakers plan rally on campus on Sunday (LATimes): The article notes that the 11 members of Berkeley Patriot were divided over whether to cancel the event. The article also cites information that indicates the event was cancelled earlier than acknowledged, though Yiannopoulos denies the claim.

9/22 – Student Organizers Cancel ‘Free Speech Week’ Events at UC Berkeley (KQED): KQED was one of the first outlets to report the cancellation, though their initial report was refuted by some involved upon publication.

9/22 -‘Out of control situation’: Uncertainty looms over cancellation of ‘Free Speech Week’ (DailyCal): This article highlights some of the confusion in the press over whether the event was cancelled following KQED’s report.

9/19 – Press Release: ACLU of Northern CA Corrects the Record on Berkeley Patriot Statement as Reported on KQED’s The California Report (ACLU/NorthernCalifornia): The statement notes the legal organization is not involved in helping Berkeley Patriot.

9/22 – Confusion reigns as far-right Berkeley ‘free speech week’ approaches: Coulter won’t be coming (LATimes): The article notes that one of the event’s planned headliners, Ann Coulter, “never” planned to attend.

9/18 – Milo Yiannopoulos’ far-right Berkeley event is set to occur at birthplace of 1960s free speech movement (LATimes): The article notes Yiannopoulos’ attempts to leverage the history of Berkeley’s campus.

9/16 – ‘Failure to confirm’: Berkeley Patriot loses Zellerbach, Wheeler auditoriums for ‘Free Speech Week’ (DailyCal): One of the first dominoes to fall in what eventually became the cancellation of Free Speech Week.

9/19 – Op-Ed: There’s no crisis of free speech. Milo’s campus crusade is rank hypocrisy (TheGuardian): The author calls the perception of a threat to free speech a myth.

Berkeley Finances

9/24 – UC is handing out generous pensions, and students are paying the price with higher tuition (LATimes): The paper highlights what it frames as excessive benefits:

Nearly three dozen received pensions in excess of $300,000 last year, four times as many as in 2012. Among those joining the top echelon was former UC President Mark Yudof, who worked at the university for only seven years — including one year on paid sabbatical and another in which he taught one class per semester.

9/19 – Editorial: UC Berkeley is considering defunding valuable mentoring program. This is a mistake (DailyCal): The editorial cites research showing the program boosts transfer student GPAs.

Media Coverage 9/18/17

UC Berkeley spent an estimated $600,000 on marshaling a massive police presence to deter violent protests outside a speech by Ben Shapiro last week. In a statement, the campus said the conservative radio host and UCLA grad’s speech went “off with barely a hitch.” Despite fears that Antifa protestors would appear en masse, the campus protest, which drew about one thousand in opposition of Shapiro, was peaceful. Nonetheless, police made nine arrests, mostly stemming from a new City of Berkeley regulation granting the city the power to temporarily ban certain items from public spaces. As the New York Times noted, it’s a sign of the times that Shapiro’s April 2016 appearance attracted little protest.

Coverage of the event in the mainstream press and among left-leaning websites was extensive, with journalists wrestling over how to balance free speech, student safety and the ever-slimming pocketbooks of higher learning institutions. Coverage on the right before the event occurred was prominent, usually framed around the perception of an effort by universities to limit conservative speech. However, after the event’s peaceful conclusion, right-wing coverage was more muted, especially in comparison to reporting on the chaotic scenes at cancelled speeches last academic year. One thing that did not receive a lot of attention in any venue is what Shapiro actually said in his “Say No to Campus Thuggery” event. Watch his full talk, including a Q&A session, here.

Attention has now turned to a so-called “Free Speech Week” planned to run from September 24 to 27, in which a number of conservative icons may appear on campus. The event is spearheaded by Milo Yiannopoulos and is also set to include Steve Bannon and Ann Coulter. Some outlets have questioned whether the event will actually occur, pointing to what appears to be a slapdash approach to logistics by the student group sponsoring the event. According to the New York Times:

Dan Mogulof, a spokesman for the university, said Tuesday that the event’s organizers had not submitted any of the information or forms required for the university to provide security: a description of the events, for example, and a police services request form. The requirements are outlined in Berkeley’s events policy, he noted, and “they just have not completed any of that.”

Ben Shapiro

9/15 – Price Tag to Protect Speech at Berkeley: $600,000 (NYT): The brief article focuses on the cost of the event, and includes a number of photographs, one of which seems to portray a small counter-protest (in support of Shapiro) outside the event.

9/14 – Press Release: Shapiro event goes off with barely a hitch (BerkeleyNews): “We have no regrets for having assembled the forces that we did and for providing police with the resources they requested,” a campus spokesperson said. “It certainly didn’t hurt, and there is reason to believe that it deterred those who might have come with mal intent.”

9/14 – 9 arrested in connection with protests of UC Berkeley Ben Shapiro event (DailyCal): The article contains a list of the nine people arrested, specifying the relevant charges for each.

9/15 – Nine people arrested at Ben Shapiro event at UC Berkeley (SJMN): According to the article, there were no reports of injury of property damage. The article calls the police presence “unparalleled,” noting officers were drawn from all 10 UC campuses.

9/15 – UC-Berkeley braced for protests when conservative writer Ben Shapiro came to campus (WaPo): The article notes the City of Berkeley’s councilors voted to allow police to use pepper spray should things get out of hand.

9/15 – The cost of free speech isn’t cheap at UC Berkeley (AP): The article calls Berkeley a “famously liberal university.” The article notes Berkeley has declined to specify how many officers were called in.

9/14 -Hundreds Protest Conservative Speaker At UC Berkeley; Several Arrested (CBS/AP): BFA Chair Michael Burawoy is quoted as saying:

“There are faculty who don’t think the campus should be the site of this, what they call, political circus…We bring them on campus and allow them to speak and we encourage both right- and left-wing groups” to hold potentially violent protests. “If we exclude them, they say Berkeley doesn’t believe in free speech. It’s a lose-lose situation.”

9/15 – Ben Shapiro’s Berkeley speech wasn’t met with the violence he expected (Slate): The article notes Shapiro referred to affirmative action policies as racist. It also notes Shapiro was an opponent of President Trump’s campaign and left Breitbart for what he perceived to be an unfair bias in support of Trump’s campaign.

9/15 – Ben Shapiro speaks at UC Berkeley despite arrests and protests (FoxNews): The article highlights how some protestors accused Shapiro, who is Jewish, of being a neo-Nazi and white supremacist.

9/15 – Latest Berkeley Protest is Largely Peaceful Amid Heavy Police Presence (WSJ): The Journal article contrasts the peacefulness of the event with previous right wing talks.

9/13 – UC Berkeley free speech in spotlight over super-tight security plans (SFChronicle): The article questions what kind of a precedent the heavy security sets for the campus:

Ben Shapiro, a conservative speaker headed to UC Berkeley on Thursday evening, hasn’t mocked feminists, as right-wing performer Milo Yiannopoulos has done. He hasn’t boasted of being a “mean-spirited bigot,” as far-right author Ann Coulter has done. And, unlike Steve Bannon, ex-adviser to President Trump, Shapiro doesn’t even like the president.

Yet the Harvard Law School graduate, author and political commentator has drawn unprecedented security measures at UC Berkeley for his sold-out speech at the campus’ many-windowed Zellerbach Hall, and Berkeley city police have received permission from the City Council to use pepper spray on any violent protesters who show up.

These defense measures around a standard-issue conservative whose idea of provocative is to call California a “nut-job leftist state” spotlight this question: How left must a speaker be to avoid causing a riot in Berkeley?

9/12 – Editorial: A Political Conservative Goes to Berkeley (NYT): The editorial contrasts the rhetoric of the left-wing protestors opposing Shapiro to the anti-semitic vitriol Shapiro has endured from the alt-right.

9/16 – Op-Ed: Memo to UC Berkeley students: Free speech is the best weapon against the alt-right (LATimes): The author urges campuses to allow alt-right speakers a platform, as their rhetoric will collapse under its own contradictions.

9/15 – Editorial: The Price of Free Speech at Berkeley (WSJ): The editorial says Berkeley’s decision to provide security for Shapiro was a “democratic service,” if an overly expensive one.

Free Speech Week

9/16 – Napolitano pledges to uphold UC’s free-speech tradition (SFGate): Acknowledging that the line between protected speech and hate speech (or harassment) is hard to define, UC President Napolitano told an audience, “If we at UC unreasonably limit the ability of speakers like Milo Yiannopoulos and Ann Coulter to safely express themselves on our campuses, we are telling the world that we would accept suppression of our own speech.”

9/15 – UC Berkeley professors urge campus boycott during ‘Free Speech Week’ (SFChronicle): A letter has called for a boycott to ensure student safety during the planned event. The petition cites a slew of violent actions that have occurred during such gatherings, including the death of a woman in Charlottesville who was protesting a gathering of white supremacists.

9/15 – Column: Berkeley’s Bind (Slate): The column notes a letter being circulated by the Anthropology Department, which was forced by campus leaders to rescheduled a lecture due to the disruption the event is projected to cause.

9/15 – Speaking at Berkeley With Milo Yiannopoulos? It’s News to Them (Chronicle): The organization behind the event appears to be in disarray. For example, Scholar Charles Murray, who recently had a talk interrupted by left-wing protestors, was listed as a speaker. Murray said he never had plans to attend, saying Yiannopoulos is “a despicable asshole.”

9/12 – Bannon Will Address Berkeley, a Hotbed of Conflict Over Free Speech (NYT): The campus has said student organizers of the event have failed to communicate specific plans with the university, which could jeopardize their ability to host speakers.

9/15 – The Far Right’s “Free Speech” Fest at UC-Berkeley Looks Unlikely to Happen (MotherJones): The article notes that despite the hype, it is unlikely student organizers will be able to meet campus requirements for hosting speakers.

9/15 – Berkeley-Con includes Bannon, Coulter, Milo — but will they show? (SJMN): The article notes one scheduled speaker, Pamela Geller, is a leader of the racist anti-Muslim movement.

Media Coverage 9/11/17

The University of California has sued the Department of Homeland Security, challenging President Trump’s decision to rescind DACA following a six month delay. According to a statement from UC President Janet Napolitano, UC’s legal case rests on three points:

  1. The DHS decision to rescind DACA is not supported by reasoned decision-making as required by federal law. It did not consider the impact of the decision on Dreamers — for example, their expectation that they could study, work, and live in the only country they call home — or the costs of the rescission on the universities and communities in which they live, study, and work. And, most fundamentally, the legal rationale DHS provided was wrong. No court has held DACA unlawful and, in fact, the office at the Department of Justice responsible for reviewing the constitutionality of executive branch actions determined that DACA was lawful.
  2. In ending the program, the administration also failed to comply with mandatory procedures that federal law requires for a decision of this type and magnitude. These procedures, among other things, require the agency to allow and consider public comment on a proposed action from affected parties, such as from the DACA recipients themselves and institutions like UC that are deeply impacted by the decision.
  3. Finally, this action tramples on the due process rights of the University and its students and employees. DHS cannot take away those rights by executive fiat without any process whatsoever.

As a number of media outlets have pointed out, Napolitano helped author the 2012 program while she was Secretary of Homeland Security in the Obama administration. Since then, the order has shielded 800,000 Dreamers from deportation. Despite her strong support for DACA, Napolitano has been criticized by immigrant rights activists for overseeing 2.5 million deportations while with the DHS, as the Sacramento Bee notes in its coverage. Nonetheless, Napolitano has also received praise for her support of undocumented UC students, most notably through the creation of a legal services center. UC’s case is being handled pro bono by Covington & Burling, which employs former US Attorney General Eric Holder.

In other news, the Sacramento Bee covered the disparate proposals for some form of a statewide “free college” program in California. Among the proposals mentioned is the $48 Fix, a plan endorsed by 17 California faculty associations, including the BFA, unions and other organizations. The name of the program comes from the average level of an income-adjusted tax that would generate $9.4 billion annually. That amount of revenue could be used to eliminate tuition costs at all three of the state’s higher ed systems and return per pupil funding to levels last seen in 2000. As the article notes, “The California Democratic Party passed a resolution supporting the plan last week.” Lt. Gov. Gavin Newsom, a leading candidate for governor, has endorsed a plan that would instead offer two free years of community college.

Dreamers

9/8 – UC sues Trump administration over DACA decision (SacBee): Napolitano says of Dreamers, “They really represent the spirit of the American dream, and by its action, the administration has bashed those dreams.”

9/8 – Obama Official Who Created DACA Sues Trump To Protect It (HuffPo): The article notes around 4,000 undocumented students attend a UC campus.

9/8 – UC sues Trump administration over repeal of DACA (DailyCal): The article reports a rise in the number of students seeking mental health services since the decision was announced.

Press releases: UC Berkeley | UCOP Community Letter | UCOP Lawsuit

Other News

9/5 – ‘Free college’ is a new rallying cry in California (SacBee): The article notes that the state’s existing scholarship program is, by some measures, the most generous in the nation.

9/10 – Berkeley protests expensive for East Bay police departments (SFChronicle): UC spent $700,000 on police work associated with a cancelled appearance by Ann Coulter in April.

9/8 – Why Berkeley’s Battle Against White Supremacy Is Not About Free Speech (TheNation): The article, which conflates the city of Berkeley with UC Berkeley, argues that media coverage has dwelled upon Antifa violence without reporting the threats and harassments students face from various right wing activists.

9/7 – DeVos says Obama-era approach to campus sexual assault ‘failed’ (SJMN): DeVos has said the current approach “isn’t working,” and emphasized the plight of the wrongly accused, but details of how she hopes to change the policy are scant. UC President Janet Napolitano is quoted as saying:

“Changes to the Title IX policy announced today signal that the Trump administration aims to undo six years’ worth of federal enforcement designed to strengthen sexual violence protections on college campuses. This is extremely troubling. Even in the midst of unwelcome change and uncertainty, the university’s commitment to a learning environment free of sexual violence and sexual harassment will not waver. UC will continue its work to foster a culture of safety and security on all its campuses.”

9/6 – Dirks: Berkeley needs ‘serious debate’ on public-private future (THE): Berkeley’s ousted former chancellor argues the campus needs to consider becoming a private institution in order to survive its financial struggles.

9/6 – UCLA beats UC Berkeley as No. 1 public university in US, ranking reports (DailyCal): A UC spokesperson chalked up the change to natural fluctuations in research funding, which influence the ranking:

“(T)he primary reason for this year’s change in Berkeley’s position in this particular ranking was a decrease in the level of federal research funding that flowed into campus,” (UC Berkeley spokesperson Dan) Mogulof said in an email. “That funding fluctuates on an annual basis, and is determined by many factors beyond the University’s control or influence.”

Media Coverage 9/5/17

Media coverage of last week’s “anti-Marxist” protest and counter-protest in Berkeley was predictably all over the place, the result of no one participant or media organization being able to witness every sign, shove or provocation. Occurring so recently after the tragedy in Charlottesville, the scene was described as comparatively peaceful, though outlets emphasized the violent tactics of Antifa protestors. While the 4,000-strong crowd was described as mostly peaceful and right wing protesters scarce, accounts focused on the behavior of roughly 100 counter-protesters lumped under the Antifa banner.

In a piece of commentary in The New Yorker, Jelani Cobb argued the violence propagated by Antifa helps Trump’s movement. In his telling, the peaceful counter-protest by anti-racists was “fractured the moment that contingents identified as anarchists and Antifa radicals slipped into the crowd and began attacking right-wing protesters who had assembled there under the banner of free speech.”

Cobb goes so far as to argue that the actions of Antifa at the Berkeley protest validate Trump’s now infamous “many sides” comment in reference to Charlottesville. According to the writer:

But the images out of Berkeley—outnumbered right-wing protesters being pepper-sprayed by counter-demonstrators, one person lying on the ground while a black-clad group punched his face and torso—will be held up by many on the right as evidence that Trump was correct about the blame falling on “many sides.”

In their coverage, The Guardian noted the counter-protestors were largely peaceful, but also emphasized that Antifa members chased and pepper sprayed an alt-right organizer. Reporting by Mother Jones included footage of Antifa members jostling reporters. Meanwhile, a headline in the LA Times read “Violence by far-left protesters in Berkeley sparks alarm.” Local blog Berkeleyside placed more attention on the activity of peaceful protestors than other outlets, saying in an aside, “the moments of tension, and some sporadic violent clashes, were largely perpetrated by 100 or so anti-fascists, masked and clad in black, who swept into the park mid-afternoon en masse.”

A group of faith leaders wrote an op-ed in The New York Times criticizing the media for “ignoring the thousands who marched and protested peacefully” in Berkeley and other recent anti-racist actions. The piece suggests that violence should not be dismissed out-of-hand, noting its role in the civil rights movement, thought their claim is hedged behind the framing of self-defense.

Protests

8/29 – The Antifa Protests Are Helping Donald Trump (NewYorker): Cobb notes Antifa are not as abhorrent as racists, but nonetheless adds, “there is no escaping the fact that the elements that lashed out in Berkeley were both morally wrong and politically vacuous. ”

8/28 – After melees, Berkeley mayor asks Cal to cancel right-wing Free Speech Week (SFChronicle): Berkeley Mayor Jesse Arreguin asked the campus to block a series of talks organized by a conservative student group that are set to include Milo Yiannopoulos. Arreguin argues the talks are likely to result in violence.

8/27 – Berkeley pro-Trump rally cancelled but tensions still flare between protesters (The Guardian): The article quotes a protestor who defended the Ohio man who killed a counter-protestor in Charlottesville.

8/28 – Violence by far-left protesters in Berkeley sparks alarm (LATimes): The article includes footage of Antifa members beating protestors.

8/27 – Live Updates: thousands come out against racism; far right a no-show (Berkeleyside): The article provides a sequential series of reports from the scene.

8/28 – In Berkeley, community comes out in force against hate, racism (Berkeleyside): The blog’s day-after summation of the event emphasizes that the vast majority of the 4,000 who gathered were peaceful counter-protestors.

9/1 – Op-Ed: Waiting for a Perfect Protest? (NYT): The authors note, “In spite of extensive training in nonviolent protest and civil disobedience, individuals and factions within the larger movement engaged in violent skirmishes, and many insisted on their right to physically defend themselves even while they proclaimed nonviolence as an ideal….”

9/1 – UC President Janet Napolitano wades into campus free speech debate (SFGate): Napolitano defends Christs’ decision to support the right of controversial speakers to appear on campus.

Other News

9/1 – Protest During Poli-Sci Meeting (InsideHigherEd): Silent protestors critiszied an academic presentation by Berkeley’s Emanuel S. Heller Professor of Law John Yoo. The protestors called out Yoo’s defense of torture. In 2003, while a member of the Bush administration, Yoo authored the so-called torture memos, which argued “enhanced interrogation” is legal.

8/29 – California Today: Courting First-Generation Students at U.C. (NYT): The article highlights the UC system’s efforts to support first-generation students. About 42 percent of the system’s undergraduate students are first-generation, though at Berkeley the figure is 28 percent.

8/31 – UC President Janet Napolitano blasts idea of ending DACA (SJMN): Napolitano took a strong defense of DACA, which President Trump has signaled he intends to end following a six-month delay.