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. But that legacy has been marred by successive incidents and policies at the university that conflict with our First Amendment ideals. The growing trend of left-wing violence against free speech in America was on full display last week when Antifa thugs crashed a peaceful Turning Point USA event at UC Berkeley. The mob attacked attendees and destroyed university property in an attempt to drive Turning Point from the event space. The police made only a few arrests.
University organizers did little to protect students or the public, despite knowing of similar incidents of organized violence in the past. They are also accused of disrupting ticketed access to the event featuring Christian comedian Rob Schneider. Berkeley’s legacy as a bastion of free speech lies in tatters, stained with the blood of event attendees who came in good faith and were beaten and attacked by a vicious, organized mob, while Berkeley police and campus administrators did little to stop the carnage.
Before the event, it was reported that the campus was littered with flyers promising violence against the Turning Point event, and that the violent groups well known on campus and the city were openly taking credit for their desired goals. This is a trait that is all too common among radical left groups that embrace violence as a tool to achieve political results. By broadcasting their objectives to silence their perceived opponents – the classic “hecklers’ veto” but with a twist – the antifa hecklers are now armed and ready to cause chaos.
CALIFORNIA WOMAN CHARGED IN CONNECTION WITH DISRUPTING APRIL TURNING POINT USA EVENT ON A COLLEGE CAMPUS
It is precisely for this reason that President Donald Trump issued an executive order earlier this year designating Antifa as a terrorist organization, and Attorney General Pam Bondi is vigorously enforcing this directive. What we saw in 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. In 2018, the university settled a lawsuit brought by the Young America’s Foundation and the Berkeley College Republicans after it tried to saddle the student groups with exorbitant security costs that were only necessary because many violent left-wing students on campus were endangering event security. I was the attorney representing the plaintiffs in that case. And as part of the settlement, UC Berkeley agreed to ensure that conservative student groups would be able to exercise their First Amendment rights just like any other student group on campus. This includes providing adequate security to ensure that crowds of demonstrators cannot disrupt events.
Based on this week’s events, it appears that UC Berkeley may not hold up its end of the deal. Worse, reports of university officials suppressing attendance at the event and not recognizing or admitting certain ticketed attendees are deeply concerning and deserve investigation.
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The number of protesters at a high-profile event requires adequate security by the university. The First Amendment requires a public university to provide such protections in an equal and unbiased manner, regardless of the speaker’s position. This is true even if the need for increased security is due to a hostile environment on campus. Peaceful speakers and those who come to hear them should not shoulder the burden of the university’s failure to promote an accepting, nonviolent culture for students.
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Given the troubling behavior of violent groups on campus and the grossly inadequate response from both the University and the City of Berkeley, the Civil Rights Division, under the leadership and direction of Attorney General Pam Bondi, has opened an investigation to determine whether there have been violations of federal civil rights laws. This includes both the acts or omissions of university officials and any conspiracy by private individuals to violate the civil rights of Turning Point members, its speakers or its attendees. Any violation of the law will be dealt with promptly. We are coordinating this work with the Joint Terrorism Task Force and other aspects of the DOJ and may uncover additional claims as we investigate the Antifa coordination, campus violence, and police failures we saw in Berkeley this week.
UC Berkeley was the birthplace of free speech. But this week’s events confirm that the school still has a problem with left-wing violence. It’s a feature of Berkeley campus life that runs counter to the school’s venerable tradition of supporting the free exchange of ideas. If UC Berkeley or the California Board of Regents fail to control this violence, and we continue to witness police practices in the city of Berkeley that endanger innocent Americans based on their perceived views, the Department of Justice will step in and ensure fidelity to our first principles of free speech on public campuses.
