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Edited by: Fern Sidman
The renowned dean of Berkeley’s law school, Erwin Chemerinsky, found himself at the center of a heated debate on free speech after a celebratory dinner party at his home was disrupted by pro-Hamas students.
The incident occurred on Tuesday night, as Chemerinsky hosted a dinner party for approximately 60 third-year law students in the backyard of his Oakland, Calif., residence, as was reported on Friday in The New York Times. The gathering was intended to foster community among students, with no formal speeches or activities planned.
The incident unfolded when Malak Afaneh, co-president of Berkeley’s Law Students for Justice in Palestine (LSJP), along with about 10 other law students, interrupted the dinner gathering in Chemerinsky’s backyard. The NYT report indicated that Afaneh seized a microphone and began delivering a speech, prompting Catherine Fisk, a Berkeley law professor and Chemerinsky’s wife, to intervene. Fisk, who emphasized that the event was being held at her home, attempted to retrieve the microphone and threatened to call the police but ultimately did not.
Chemerinsky, a staunch advocate of free speech rights for pro-Palestinian students, including their right to block Zionist speakers, was caught on camera shouting, “Please leave our house! You are guests in our house!” Meanwhile, Fisk attempted to wrestle the microphone away from Afaneh, leading to a physical altercation.
According to Afaneh and other student protesters, Fisk’s actions were perceived as disproportionate and violent, arguing that students have a right to speak at a university gathering, as was noted in the report in the NYT. They viewed the incident as a suppression of free speech.
The information provided in the NYT report indicated that Chemerinsky defended his stance, asserting that while the dinner was funded by the university, the students had no inherent right to free speech in a private residence, especially at an informal event with no planned remarks.
The incident at Chemerinsky’s home illustrates how the Israel-Gaza conflict has intensified and complicated the free speech debate. The NYT report said that across college campuses nationwide, pro-Palestinian students have staged sit-ins and disrupted events, prompting some administrators to take disciplinary action, including arrests and suspensions.
The situation at Berkeley, a university with a history of leftist activism and the birthplace of the ’60s Free Speech movement, has been particularly fraught. As protests over the Middle East conflict persist, some Jewish students and alumni have criticized university officials for tolerating activism that veers into anti-Semitic speech.
The escalation of tensions at Berkeley is not an isolated incident. Noted in the NYT report was that in February, an event featuring an Israeli speaker was canceled after protesters forcibly entered the venue, prompting Chancellor Carol Christ to denounce the act as an attack on the university’s fundamental values.
The situation has garnered national attention, with Representative Virginia Foxx, chair of the House committee on education, launching an investigation into allegations of anti-Semitism on campus. As per the information contained in the NYT report, Foxx has demanded documents and information from university officials regarding Berkeley’s response to anti-Semitic incidents, signaling a growing concern over the erosion of free speech and tolerance on college campuses.
Moreover, Chemerinsky was recently depicted in an anti-Semitic flier circulated earlier in the week. The flier featured a cartoon image of Chemerinsky holding a bloody knife and fork with the words “No Dinner With Zionist Chem While Gaza Starves,” according to the NYT report. In response, Chemerinsky expressed shock at the blatant anti-Semitism, noting the image’s invocation of the blood libel trope and its targeting of him solely because of his Jewish identity.
The incident occurred amidst ongoing protests by pro-Hamas activists, including members of the Berkeley chapter of Law Students for Justice in Palestine (LSJP), co-chaired by Malak Afaneh. However, the NYT reported that the LSJP did not respond to requests for comment. The information contained in the NYT report also indicated that Camilo Pérez-Bustillo, executive director of the local chapter of the National Lawyers Guild, defended the protesters’ actions, stating that Chemerinsky was not targeted because of his Jewish identity but rather for his perceived failure to address U.S. complicity in the conflict.
The controversy further coincided with the last day of Ramadan, the Muslim holy month. Afaneh accused the university system of supporting weapons manufacturers and refusing to acknowledge the plight of Palestinians, according to the NYT report. The incident reignited debates over free speech and activism on campus, with Afaneh citing First Amendment rights and the National Lawyers Guild’s support.
Chemerinsky expressed disappointment at the disruption, describing the students’ actions as rude and inappropriate. Despite the altercation, the dinner continued after the protesters left peacefully.
The protesting students aimed to pressure Chemerinsky to denounce what they perceive as Israel’s military campaign in Gaza, which they characterized as genocide, as was detailed in the NYT report. They also called for the university to divest from companies supporting Israel’s actions.
Following the incident, LSJP demanded the resignations of Chemerinsky and Fisk, citing their failure to address Palestinian grievances. Additionally, the NYT report said that LSJP advocated for the establishment of a Palestine studies program focused on resistance and the right to return in a settler-colonial context.
In response to the controversy, Richard Leib, chairman of the University of California system’s board, and Berkeley Chancellor Carol Christ voiced their support for Chemerinsky and Fisk, as per the NYT report.
Christ expressed dismay over the protest, emphasizing the university’s commitment to free speech while condemning the use of a private residence as a platform for protest. The UC Berkeley law school dean described the incident as unexpected and divisive, lamenting the disruption of what was meant to be a social occasion.
