The University of California at Berkeley, once celebrated as the origin of America’s modern free speech movement in 1964 under the guidance of graduate student Mario Savio, has seen its legacy tarnished by subsequent episodes and policies that contradict our First Amendment ideals. The increasing prevalence of left-wing violence aimed at suppressing free speech in America was strikingly evident this week when Antifa activists disrupted a peaceful Turning Point USA event at UC Berkeley. The mob assaulted attendees and damaged university property in an attempt to remove Turning Point from the venue. Police made only a limited number of arrests.
University administrators did not do enough to safeguard students or the public, despite prior warnings of similar incidents involving organized violence. They also face accusations of obstructing ticketed access to the event featuring Christian comedian Rob Schneider. Berkeley’s reputation as a stronghold of free speech is now severely damaged, tainted by the injuries of event participants who attended in good faith and were assaulted by a brutal, organized mob, while Berkeley police and campus authorities did little to intervene.
Prior to the event, reports indicated that the campus was covered with flyers threatening violence against the Turning Point event, and violent groups known to both the campus and the city publicly claimed responsibility for their intended actions. This has become an increasingly common characteristic among radical left-wing groups who use violence as a means to achieve their political objectives. Announcing their intentions to silence those they oppose — a modern take on the “heckler’s veto” — the Antifa agitators 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 in the year designating Antifa as a terrorist organization, a directive that Attorney General Pam Bondi is actively enforcing. The events at Berkeley underscore the necessity for a coordinated response to targeted, ideologically driven violence.
Historical evidence suggests that violence against conservatives at UC Berkeley is not a recent phenomenon. In 2018, the university resolved a lawsuit filed by Young America’s Foundation and the Berkeley College Republicans after the university attempted to impose excessive security costs on the student groups, costs necessitated only by the threat of violence from leftist students on campus. I served as the attorney representing the plaintiffs in that case. As part of the settlement, UC Berkeley committed to ensuring that conservative student groups could exercise their First Amendment rights on par with all other student groups, including providing adequate security to prevent disruptions by protesting mobs.
Based on this week’s events, UC Berkeley appears to be falling short of its commitments. Furthermore, reports of university officials suppressing attendance at the event and failing to recognize or admit certain ticketed attendees raise significant concerns and warrant investigation.
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The presence of a large number of protesters at a high-profile event requires substantial security provided by the university. The First Amendment mandates that a public university offer such protection in a fair and impartial manner, regardless of the speaker’s perspective. This remains true even if the need for increased security stems from a hostile campus environment. Peaceful speakers and their audience should not bear the consequences of the university’s failure to cultivate an inclusive, non-violent environment for students.
In light of the troubling behavior of violent groups on campus and the insufficient response from both the university and the city of Berkeley, the Civil Rights Division, under the leadership of Attorney General Pam Bondi, has initiated an investigation to ascertain whether any violations of federal civil rights laws have occurred. This encompasses actions or failures by university officials, as well as any conspiracy by individuals to infringe upon the civil rights of Turning Point members, speakers, or attendees. Any legal violations will be addressed swiftly. We are coordinating this effort with the Joint Terrorism Task Force and other divisions within the DOJ, and may uncover additional claims as we examine the Antifa coordination, campus violence, and policing deficiencies observed at Berkeley this week.
UC Berkeley originated the free speech movement. However, this week’s events demonstrate that the school continues to struggle with left-wing violence, a characteristic of life on Berkeley’s campus that stands in opposition to the school’s esteemed tradition of promoting the free exchange of ideas. Should UC Berkeley or the California Board of Regents fail to control this violence, and should we continue to observe policing practices in the city of Berkeley that endanger innocent Americans based on their perceived viewpoints, the Justice Department will intervene to ensure adherence to our fundamental principles of free speech on public campuses.
