Conservatives Can Sue UC Berkeley Over Restrictions to Speakers, Judge Rules

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A federal judge has ruled that conservative groups on Berkeley campus can go forward with lawsuits alleging bias and discrimination against their planned speakers, who saw their appearances cut by administrators afraid of protests.

The suit refers to conservative talker Milo Yiannopoulos, who was prevented from appearing in the wake of angry uprisings by left-leaning students.

Now, U.S. District Judge Maxine Chesney of Oakland says: The campus can be sued for that decision.

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As a side note, Berkeley residents injured during the campus riots over Milo’s appearance just launched their own lawsuit against campus officials:

SFGate has more on the most recent judge’s ruling:

Conservative groups at UC Berkeley can sue the school over the restrictions it placed on high-profile speakers after violent protests over the planned appearance of right-wing firebrand Milo Yiannopoulos, a federal judge has ruled.

U.S. District Judge Maxine Chesney of Oakland on Wednesday upheld the university’s contention that it was motivated by security, not liberal bias, when it scheduled talks by other conservative luminaries in smaller and more remote campus locations than the speakers preferred. But Chesney said the Berkeley College Republicans and Young America’s Foundation could proceed with their suit over university standards for “high-profile” speakers, imposed after the Yiannopoulos protests and over alleged discrimination in security fees.

Yiannopoulos’ February 2017 speech was canceled after a student demonstration was taken over by masked protesters who smashed windows and set fires. He then spoke for a few minutes on campus in September in an event that conservatives had promoted as “free speech week.”

The conservative groups said two more planned speakers, writer David Horowitz and author and television commentator Ann Coulter, had to cancel their appearances last year because university officials rescheduled their evening talks to daytime hours at buildings far from the center of campus. Radio host Ben Shapiro, supported by the same groups, spoke at UC Berkeley in September after paying a security fee that was challenged in the suit.

The suit alleged that the university adopted an unwritten “high-profile speaker policy” in March 2017 that allowed officials to effectively censor conservative speakers by choosing the time and place of their appearance. The school contends it is entitled to determine the need for security measures, but Chesney said the conservative groups can try to prove that the policy gives officials too much leeway to restrict free expression.

The policy, as described in the lawsuit, contains “no standard for determining what events fall under the policy, at what locations events may be held, and what, if any, security fee may be imposed,” the judge said.

She rejected claims that the university discriminated by allowing former Mexican President Vicente Fox and Maria Echaveste, a former aide to President Bill Clinton, to speak at better locations and more convenient times than the conservatives. Neither of them posed the security concerns that school officials cited for Yiannopoulos and like-minded speakers, and “there are no allegations suggesting those concerns were unfounded,” Chesney said.

But she refused to dismiss a claim of discrimination based on a $9,162 security fee for Shapiro’s talk, compared with a $5,000 fee for a 2011 speech by Supreme Court Justice Sonia Sotomayor. The two spoke at the same location, and Sotomayor may have had a larger audience because the balcony was closed for Shapiro’s appearance, Chesney said.

Harmeet Dhillon, a lawyer for the conservative groups, said she was generally pleased with the ruling. “It means the case will go forward,” she said.

But UC Berkeley spokesman Dan Mogulof said the ruling had upheld the campus’ current policy on speakers and security, adopted publicly last year. He said the university could defend the security fee charged to Shapiro in light of the more than $800,000 the school spent on safety measures for the speech.

As for the allegations of an unwritten policy that gives officials unlimited authority to regulate speakers, Mogulof said, “The campus strongly denies that any such secret policy exists and it will continue to dispute any claims related to that issue.”

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John Nosser
John Nosser
5 years ago

Pamela, you can now piggy back on top of Milo’s suit. Go get them!

GandalfsTrouserpress
GandalfsTrouserpress
5 years ago

It might help if they identified and expelled the perpetrators of the violence and vandalism.
But that would mean the security and police would have to get their butts into gear.

felix1999
felix1999
5 years ago

It’s a start… but it is blatant discrimination!
Others should join his suit.

felix1999
felix1999
5 years ago

Get out of here!

UC Berkeley did NOT spend 800,000 for one speaker for ONE speech for security! NO WAY! Shapiro considers himself a conservative.

“But UC Berkeley spokesman Dan Mogulof said the ruling had upheld the campus’ current policy on speakers and security, adopted publicly LAST YEAR. He said the university could defend the security fee charged to Shapiro in light of the more than $800,000 the school spent on safety measures for the speech.”

Did I miss read that? That is pure BULL if I read that right.

Tom Validakis
Tom Validakis
5 years ago

$800 000 for security for one speech, I didn’t see Shapiro in the popemobile.comment image

R. Arandas
R. Arandas
5 years ago

One rare victory for our side. May many more be forthcoming.

Mark Huber
Mark Huber
5 years ago

Press ahead with suits against government officials throughout government for their anti-Christian and anti-freedom actions. This is what accountability means. It is not a privilege to be a government official, it is a solemn duty that must be fulfilled properly.

Jim Austin
Jim Austin
5 years ago

Administrators afraid of protests? I don’t think so.

In their headlong leftward rush for the past five decades, liberals are finally catching up to their far left brethren. They’re already adopting leftist attitudes toward dissent as something to be suppressed. Liberals are turning the areas they dominate most, universities and colleges, into totalitarian enclaves.

In such totalitarian states, leftists hunt down and kill those who disagree.

Leftists kill those voicing different opinions.

Leftists kill those suspected of having different opinions.

Leftists kill rightists.

Leftists kill moderates.

Leftists kill other leftists over some stupid, arcane issue.

Liberals try to accomplish the same on their campus enclaves. They are not quite in the position to use violence against the opposition, at least not directly, not yet.

Liberal professors just openly encourage violence against dissent in their classrooms. They portray dissent as hatred, intolerance, bigotry, misogyny, homophobia, Islamophobia, xenophobia, racist, etc., etc., ad nauseam, and thus meriting the worst sort of abuse.

Liberal administrators then look the other way as leftist goon squads like Antifa do the job for them, and later rationalize, minimize, sanitize the violence, destruction, physical injuries.

Liberals ultimately seek to extend this sort of control to the rest of the country.

Sunshine Kid
Sunshine Kid
5 years ago
Reply to  Jim Austin

Which is why I refuse to adhere to the leftist requirements to separate my ammunition and use a gun safe. My right to bear arms is not to be infringed. I don’t open carry – ever. Nor do I threaten. I will display my weapons when needed, but not if asked. Nor will I answer questions. No official has the right to know my possessions without a warrant. My right to free speech is guaranteed by my right to bear arms, and my right to privacy is likewise guaranteed by the amendments to the Constitution. I won’t even give out my Social Security number. My card is old, but this blank one is exactly like mine:

comment image

Cai
Cai
5 years ago
Reply to  Jim Austin

Without immediate strong action the future will not be pretty. The hard leftist murderous violence will be the norm for ‘wrong thinkers’ and last 2 or more generations. Whats more is that hard leftist rule over populations is ALWAYS a huge backward step with regard to innovation, freedom, happiness and homogenous caring societies. Mind you, for those who are concerned by the size of the world population these murderous dictatorships do reduce the numbers, often quite dramatically, by the disgusting slaughter they employ.

BillD
Bill
5 years ago

Obviously, the school needs security fencing like elementary schools, and sports stadiums, except with armed guards and dogs when conservatives speak, so Antifa won’t cut the fence. Charge THEM the security fees instead of the speakers, because neither the speaker, nor the audience will be creating a disturbance.

HalfDan
HalfDan
5 years ago

can we get a link to the actual pleadings and order? I download them for future use/litigation – “forms”. Thanks, Pam.

Sunshine Kid
Sunshine Kid
5 years ago

If ever there is more reason to carry weapons and be ready to use them could not be more clearly exposed. Those beaten by the mob could have stopped the violence, and a few of the mobsters would be planted by now.

Daiseymae
Daiseymae
5 years ago

I hope Berkeley gets lawsuits up the wazoo!

Suresh
Suresh
5 years ago

That’s the way. sue them out of existence……….or they will continue their fasicst intimidation to shut down conservative free speech.

Just like these patriots fought back and won http://tinyurl.com/y8yzso88

John Nosser
John Nosser
5 years ago
Reply to  Suresh

Suresh. Unless they drastically change this behavior and go back to the bastion of free speech they once were. Either way, we Win!

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