Berkeley Law Dean Erwin Chemerinsky, a distinguished constitutional law scholar, responds that we should be less concerned about the formal and official exclusion of Zionists from appearing as speakers before nine Berkeley law student organizations.
I couldn’t disagree more. And based on the overwhelming support my article has received, including much international attention, it appears others vehemently disagree as well.
Chemerinsky defends Berkeley Law, my alma mater, on the ground that
other Berkeley law student groups have not amended their bylaws to exclude Zionist speakers. This in and of itself is a highly concerning argument. Would it be okay for only 5% or 10% of the campus to be segregated? What percentage of the Berkeley campus should be open to all? Shouldn’t it be 100%? And what is the right number of doors that should be closed to students of any race or ethnicity: isn’t it zero?
Chemerinsky misses the point when he insists that all clubs admit Jewish students as members. No one denies this. Nevertheless, an unmistakable signal is sent to those same students when they are told that they would be barred from appearing as invited speakers. This sends a clear signal: Jews are not welcome, unless they deny their support for Israel which, for many, is an integral element of Jewish identity.
In addition, Chemerinsky’s free speech message misses the point. Excluding Zionists is not like excluding Republicans and environmentalists. It is not just viewpoint discrimination. If a Democratic club amended their bylaws to prohibit Republican speakers from appearing before them, we could accept their right to do so. We might regret that they are restricting the possibility of dialogue. We might prefer the approach of those law student groups that seek balanced presentations, in order to advance civil dialogue and promote learning. But we wouldn’t consider this to be a civil rights issue.
When persons are excluded on the basis of their ethnic or ancestral identity, however, we must respond differently. It would not be acceptable for students to adopt bylaws banning Black or Chinese speakers, perhaps with an exception for Black or Chinese students who agree to criticize their communities. This would immediately be recognized as exclusionary conduct, not protected speech. And we would not accept the response that these groups permit Black or Chinese members, as long as these minorities do not wish to appear as speakers. We would recognize it as rank bigotry; and we would reject it.
While I am pleased to see that Dean Chemerinsky has written a letter, it would be better to see him take action. Discrimination should have no place at the University of California, or at any institution of higher learning. Those who care about free speech should protect it fiercely, but that does not mean invoking it where it does not apply. To do so cheapens the value of free speech, as well as providing intolerable barriers to equal opportunity. Those who want to talk about Israel should be free to do so, regardless of their perspective; they should not silence one side of the debate. And they should certainly not use this as an excuse to restrict participation of any ethnic or religious group.
https://jewishjournal.com/commentary...sh-free-zones/