From: Dean Erwin Chemerinsky
Date: August 26, 2024
Dear Law School Community,
One of the great strengths of this campus is its commitment to freedom of speech. Berkeley was the home of the free speech movement of the 1960s. Like the rest of this campus, Berkeley Law has a long tradition of protecting freedom of expression. As part of a leading institution of higher learning, we are deeply committed to academic freedom. As we begin a new academic year, I thought it important to reaffirm this commitment and restate our policies.
Our goal is to be a place where all ideas and views can be expressed. The First Amendment does not allow us to exclude any viewpoint and I believe that it is crucial that universities be places where all ideas can be voiced and discussed. At times, this may mean that there can be expression of views that we dislike or even find offensive. But I long have believed that the only way my speech can be free tomorrow is to support protection for speech that I dislike today. I also am hopeful that there is a benefit in hearing views different from our own, though it can be unsettling and even painful. As lawyers, we must be prepared to answer the opposing arguments and our thinking inevitably is sharpened by hearing other positions.
The Law School has an “all-comers” policy, which means that every student group must allow any student to join and all student group organized events must be open to all students. This is important to ensure an environment where all can feel included and that they belong.
Although there is a First Amendment right to speak and to protest, this is subject to reasonable time, place, and manner restrictions. University of California President Michael Drake and Berkeley Chancellor Rich Lyons have recently articulated standards for the university and the campus in this regard. These rules, of course, apply in the Law School as well. The Office of Civil Rights of the Department of Education has been clear that even speech that is protected by the First Amendment may nevertheless require action by the University or the Law School if such speech creates a hostile environment.
Disruption of classes, meetings, library services, interviews, ceremonies, and events will not be tolerated. Disruption is a violation of Berkeley Law’s policies and such behavior will be a basis for student discipline. The First Amendment does not protect speech to silence others or to disrupt. The appropriate response to an objectionable speaker is to engage in non-disruptive protests and to invite your own speakers.
I conclude by simply stating that just because there is a right to say something doesn’t necessarily mean that it should be said. I hope that as we choose what to say, we always will be sensitive to the feelings and sensibilities of others. It is inevitable that sometimes there will be disagreements among us, even intense ones, but I hope we always will treat one another with tolerance, respect, and kindness.
Warmly,
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
University of California, Berkeley School of Law
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