I write this with profound sadness. Since becoming a dean, my wife and I have invited the first-year students to our home for dinner. We were asked this year by the presidents of the third year class to have the graduating students over for dinner, because they began in Fall 2021 when COVID prevented us from having dinners for them. We were delighted to oblige and designated three nights – April 9, 10, 11 – that graduating students could choose among. I never imagined that something we do to help our community would become ugly and divisive.
The week before the dinners, there was an awful poster on social media and bulletin boards in the law school building of a caricature of me holding a bloody knife and fork and with blood around my lips, with the words in large letters: “No dinner with Zionist Chem while Gaza starves.” I never thought I would see such blatant antisemitism, with an image that invokes the horrible antisemitic trope of blood libel and that attacks me for no apparent reason other than I am Jewish. Although many complained to me about the posters and how it offended them, I felt that though deeply offensive, they were speech protected by the First Amendment. But I was upset that those in our community had to see this disturbing, antisemitic poster around the law school.
The students responsible for this had the leaders of our student government tell me that if we did not cancel the dinners, they would protest at them. I was sad to hear this, but made clear that we would not be intimidated and that the dinners would go forward for those who wanted to attend. I said that I assumed that any protest would not be disruptive.
On April 9, about 60 students came to our home for the dinner. All had registered in advance. All came into our backyard and were seated at tables for dinner. While guests were eating, a woman, who led the group responsible for the posters, stood up with a microphone that she had brought, stood on the top step in the yard, and began a speech, including about the plight of the Palestinians. My wife and I immediately approached her and asked her to stop and leave. The woman continued. When she continued her speech, there was an attempt to take away her microphone. Repeatedly, we said to her, that you are a guest in our home, please stop and leave. Our home is not a forum for free speech. Indeed, even if this were held in the law school building, there would be no First Amendment right to disrupt the event. About 10 students were with her and ultimately left as a group.
The dinner, which was meant to celebrate graduating students, was obviously disrupted and disturbed. I am enormously sad that we have students who are so rude as to come into my home, in my backyard, and use this social occasion for their political agenda.
The dinners went forward on Wednesday and Thursday. On Thursday night, about 15 people came to our home and stood on the street in front of it, and then on the path directly next to our backyard. They chanted (some chants were quite offensive) and yelled and banged drums to make noise to disturb the dinner. The dinner continued.
I have spent my career staunchly defending freedom of speech. I have spent my years as a dean trying hard to create a warm, inclusive community. I am deeply saddened by these events and take solace that it is just a small number of our students who would behave in such a clearly inappropriate manner.
Erwin
Dean and Jesse H. Choper Distinguished Professor of Law
University of California, Berkeley School of Law
Updated April 13, 2024