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Some Terms and Conditions May Apply...
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He was chosen for a spring 2017 residency at the Mesa Refuge to advance his research on California salmon.\r\n\r\nEmail Dan at: \u003ca href=\"mailto:dbrekke@kqed.org\">dbrekke@kqed.org\u003c/a>\r\n\r\n\u003cstrong>Twitter:\u003c/strong> \u003ca href=\"https://twitter.com/danbrekke\" rel=\"noopener noreferrer\">twitter.com/danbrekke\u003c/a>\r\n\u003cstrong>Facebook:\u003c/strong> \u003ca href=\"https://www.facebook.com/danbrekke\" rel=\"noopener noreferrer\">www.facebook.com/danbrekke\u003c/a>\r\n\u003cstrong>LinkedIn:\u003c/strong> \u003ca href=\"https://www.linkedin.com/in/danbrekke\" rel=\"noopener noreferrer\">www.linkedin.com/in/danbrekke\u003c/a>","avatar":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twitter":"danbrekke","facebook":null,"instagram":"https://www.instagram.com/dan.brekke/","linkedin":"https://www.linkedin.com/in/danbrekke/","sites":[{"site":"news","roles":["administrator","create_posts"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"quest","roles":["contributor"]},{"site":"food","roles":["contributor"]},{"site":"forum","roles":["contributor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Dan Brekke | KQED","description":"KQED Editor and Reporter","ogImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/c8126230345efca3f7aa89b1a402be45?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/danbrekke"},"matthewgreen":{"type":"authors","id":"1263","meta":{"index":"authors_1591205172","id":"1263","found":true},"name":"Matthew Green","firstName":"Matthew","lastName":"Green","slug":"matthewgreen","email":"mgreen@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"KQED Contributor","bio":"Matthew Green is a digital media producer for KQED News. He previously produced \u003ca href=\"http://www.kqed.org/lowdown\">The Lowdown\u003c/a>, KQED’s multimedia news education blog. Matthew's written for numerous Bay Area publications, including the Oakland Tribune and San Francisco Chronicle. He also taught journalism classes at Fremont High School in East Oakland.\r\n\r\nEmail: mgreen@kqed.org; Twitter: @MGreenKQED","avatar":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twitter":"MGreenKQED","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"news","roles":["administrator"]},{"site":"lowdown","roles":["administrator"]},{"site":"stateofhealth","roles":["author"]},{"site":"science","roles":["administrator"]},{"site":"education","roles":["editor"]},{"site":"quest","roles":["editor"]},{"site":"forum","roles":["administrator"]},{"site":"elections","roles":["editor"]},{"site":"liveblog","roles":["editor"]}],"headData":{"title":"Matthew Green | KQED","description":"KQED Contributor","ogImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g","twImgSrc":"https://secure.gravatar.com/avatar/3bf498d1267ca02c8494f33d8cfc575e?s=600&d=mm&r=g"},"isLoading":false,"link":"/author/matthewgreen"},"aemslie":{"type":"authors","id":"3206","meta":{"index":"authors_1591205172","id":"3206","found":true},"name":"Alex Emslie","firstName":"Alex","lastName":"Emslie","slug":"aemslie","email":"aemslie@kqed.org","display_author_email":true,"staff_mastheads":["news"],"title":"KQED Senior Editor","bio":"Alex Emslie is senior editor of talent and development at KQED, where he manages dozens of early career journalists and oversees news department internships.\r\n\r\nHe is a former carpenter and proud graduate of City College of San Francisco and San Francisco State University, where he studied journalism and criminal justice before joining KQED in 2013.\r\n\r\nAlex produced investigative journalism focused on \u003ca href=\"https://www.kqed.org/news/11667594/the-trials-of-marvin-mutch-video\">criminal justice\u003c/a> and policing for most of a decade. He has broken major stories about \u003ca href=\"https://www.kqed.org/news/135682/amid-a-series-of-vallejo-police-shootings-one-officers-name-stands-out\">police use of deadly force\u003c/a>, \u003ca href=\"https://www.kqed.org/news/10454955/racist-texts-prompt-sfpd-internal-investigation\">officer misconduct\u003c/a> and \u003ca href=\"https://www.kqed.org/news/11712239/terrorist-or-troll-judge-to-weigh-whether-oakland-man-really-intended-to-attack-bay-area\">other\u003c/a> \u003ca href=\"https://www.kqed.org/news/11221414/hayward-paid-159000-to-husband-of-retired-police-chief-documents-show\">high\u003c/a>-\u003ca href=\"https://www.kqed.org/news/10622762/the-forgotten-tracking-two-homicides-in-san-francisco-public-housing\">profile\u003c/a> \u003ca href=\"https://www.kqed.org/news/11624516/federal-agency-promoted-ranger-just-months-after-his-gun-was-stolen-and-used-in-steinle-killing\">cases\u003c/a>. He co-founded the \u003ca href=\"https://projects.scpr.org/california-reporting-project/\">California Reporting Project\u003c/a> in 2019 to obtain and report on previously confidential police internal investigations. The effort produced well over 100 original stories and changed the course of multiple criminal cases.\r\n\r\nHis work has been recognized with numerous journalism awards, including a national Edward R. Murrow award for several years of \u003ca href=\"https://www.kqed.org/news/11688481/sfpd-officers-in-mario-woods-case-recount-shooting-in-newly-filed-depositions\">reporting\u003c/a> on the San Francisco Police shooting of Mario Woods. His \u003ca href=\"https://www.kqed.org/news/147854/half-of-those-killed-by-san-francisco-police-are-mentally-ill\">reporting\u003c/a> on police killings of people in psychiatric crisis was cited in amicus briefs before the U.S. Supreme Court.\r\n\r\nAlex now enjoys mentoring the next generation of journalists at KQED.","avatar":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twitter":"SFNewsReporter","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["editor"]},{"site":"mindshift","roles":["editor"]},{"site":"stateofhealth","roles":["editor"]},{"site":"science","roles":["administrator"]}],"headData":{"title":"Alex Emslie | KQED","description":"KQED Senior Editor","ogImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/e691e65209f20e9da202bd730ead5663?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/aemslie"},"markfiore":{"type":"authors","id":"3236","meta":{"index":"authors_1591205172","id":"3236","found":true},"name":"Mark Fiore","firstName":"Mark","lastName":"Fiore","slug":"markfiore","email":"mark@markfiore.com","display_author_email":false,"staff_mastheads":["news"],"title":"KQED News Cartoonist","bio":"\u003ca href=\"http://www.MarkFiore.com\">MarkFiore.com\u003c/a> | \u003ca href=\"https://twitter.com/markfiore\">Follow on Twitter\u003c/a> | \u003ca href=\"https://www.facebook.com/pages/Mark-Fiore-Animated-Political-Cartoons/94451707396?ref=bookmarks\">Facebook\u003c/a> | \u003ca href=\"mailto:mark@markfiore.com\">email\u003c/a>\r\n\r\nPulitzer Prize-winner, Mark Fiore, who the Wall Street Journal has called “the undisputed guru of the form,” creates animated political cartoons in San Francisco, where his work has been featured regularly on the San Francisco Chronicle’s web site, SFGate.com. His work has appeared on Newsweek.com, Slate.com, CBSNews.com, MotherJones.com, DailyKos.com and NPR’s web site. Fiore’s political animation has appeared on CNN, Frontline, Bill Moyers Journal, Salon.com and cable and broadcast outlets across the globe.\r\n\r\nBeginning his professional life by drawing traditional political cartoons for newspapers, Fiore’s work appeared in publications ranging from the Washington Post to the Los Angeles Times. In the late 1990s, he began to experiment with animating political cartoons and, after a short stint at the San Jose Mercury News as their staff cartoonist, Fiore devoted all his energies to animation.\r\nGrowing up in California, Fiore also spent a good portion of his life in the backwoods of Idaho. It was this combination that shaped him politically. Mark majored in political science at Colorado College, where, in a perfect send-off for a cartoonist, he received his diploma in 1991 as commencement speaker Dick Cheney smiled approvingly.\r\nMark Fiore was awarded the Pulitzer Prize for political cartooning in 2010, a Robert F. Kennedy Journalism Award in 2004 and has twice received an Online Journalism Award for commentary from the Online News Association (2002, 2008). Fiore has received two awards for his work in new media from the National Cartoonists Society (2001, 2002), and in 2006 received The James Madison Freedom of Information Award from The Society of Professional Journalists.","avatar":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twitter":"MarkFiore","facebook":null,"instagram":"https://www.instagram.com/markfiore/?hl=en","linkedin":null,"sites":[{"site":"arts","roles":["contributor"]},{"site":"news","roles":["editor"]},{"site":"futureofyou","roles":["editor"]},{"site":"science","roles":["editor"]}],"headData":{"title":"Mark Fiore | KQED","description":"KQED News Cartoonist","ogImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/fc4e2a612b15b67bad0c6f0e1db4ca9b?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/markfiore"},"agarces":{"type":"authors","id":"11367","meta":{"index":"authors_1591205172","id":"11367","found":true},"name":"Audrey Garces","firstName":"Audrey","lastName":"Garces","slug":"agarces","email":"agarces@kqed.org","display_author_email":false,"staff_mastheads":["news"],"title":"Digital Producer","bio":"Audrey is a former digital producer at KQED News. Previously, she was a KQED Raul Ramirez Diversity Fund intern where she developed stories that focused on highlighting diverse voices in journalism. Prior to her work at KQED, she worked as a news intern at the San Francisco Examiner. Audrey graduated from San Francisco State University with a B.A. in journalism and a minor in political science.","avatar":"https://secure.gravatar.com/avatar/5211bc2e6a809b9956da169e35ce63d5?s=600&d=blank&r=g","twitter":"audgar","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"science","roles":["editor"]},{"site":"forum","roles":["editor"]},{"site":"perspectives","roles":["administrator"]}],"headData":{"title":"Audrey Garces | KQED","description":"Digital Producer","ogImgSrc":"https://secure.gravatar.com/avatar/5211bc2e6a809b9956da169e35ce63d5?s=600&d=blank&r=g","twImgSrc":"https://secure.gravatar.com/avatar/5211bc2e6a809b9956da169e35ce63d5?s=600&d=blank&r=g"},"isLoading":false,"link":"/author/agarces"},"mwiley":{"type":"authors","id":"11526","meta":{"index":"authors_1591205172","id":"11526","found":true},"name":"Michelle Wiley","firstName":"Michelle","lastName":"Wiley","slug":"mwiley","email":"mwiley@KQED.org","display_author_email":true,"staff_mastheads":[],"title":null,"bio":"Michelle Wiley was the senior editor of weekends.","avatar":"https://secure.gravatar.com/avatar/3b897d82a09e8587e8e73fa69fbcc635?s=600&d=blank&r=g","twitter":"michelleewiley","facebook":null,"instagram":null,"linkedin":null,"sites":[{"site":"","roles":["editor"]},{"site":"arts","roles":["editor"]},{"site":"news","roles":["subscriber"]},{"site":"lowdown","roles":["editor"]},{"site":"science","roles":["editor"]},{"site":"podcasts","roles":["editor"]}],"headData":{"title":"Michelle Wiley | 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FM","link":"/"}},"news_11969165":{"type":"posts","id":"news_11969165","meta":{"index":"posts_1591205157","site":"news","id":"11969165","score":null,"sort":[1701963045000]},"guestAuthors":[],"slug":"lawsuit-intensifies-spotlight-on-free-speech-controversies-at-uc-berkeley","title":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech","publishDate":1701963045,"format":"standard","headTitle":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech | KQED","labelTerm":{},"content":"\u003cp>Long revered as the birthplace of the free speech movement in the ’60s, UC Berkeley now finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\u003c/p>\n\u003cp>Tempers are running high on all sides amid the bloodshed in the Middle East, which has already claimed thousands of lives, exposing ideological rifts between students and professors at the law school, spurring a \u003ca class=\"external\" href=\"https://brandeiscenter.com/wp-content/uploads/2023/11/Brandeis-Center-Complaint-11.28.2023.pdf\" target=\"_blank\" rel=\"noopener\">discrimination lawsuit (PDF) \u003c/a>against the UC system and setting off a broader a debate over who gets to define the boundaries of First Amendment protections, a drama heightened by Berkeley’s legendary status as the heart of the ’60s student protest movement.\u003c/p>\n\u003cp>“It’s emblematic of the polarized times that we live in. We can’t begin to decide what the contours of expressive rights are,” said Will Creeley, the legal director of the Foundation for Individual Rights and Expression, a free-speech advocacy group. “In our pluralistic democracy, there are going to be groups out there with beliefs that you don’t share, that maybe the majority of Americans don’t share. But that’s what our system of government kind of defends and requires. We believe in groups of citizens banding together, even groups of citizens with unpopular ideas. That’s what the First Amendment protects.”\u003c/p>\n\u003cp>[pullquote size=\"medium\" align=\"right\" citation=\"Will Creeley, legal director, Foundation for Individual Rights and Expression\"]‘Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.’[/pullquote]The war of words first flared last summer when a student group, Law Students for Justice in Palestine, adopted a bylaw that banned supporters of Zionism from speaking at its events. Roughly 22 other student groups have adopted variations of this bylaw.\u003c/p>\n\u003cp>“As law students, we must utilize our privilege in amplifying the voices of indigenous movements for liberation and engage in the academic and political boycott that is essential to furthering goals of freedom,” as the LSJP group noted on its \u003ca class=\"external\" href=\"https://www.instagram.com/p/CyQ5vo9rkyX/?hl=en\" target=\"_blank\" rel=\"noopener\">Instagram\u003c/a> page, framing the bylaw issue as a matter of free speech. Members of the group did not respond to messages seeking comment.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Others view the bylaws as discriminatory toward Jewish students, faculty and invited speakers. Steven Davidoff Solomon, a noted professor of corporate law, took offense at the bylaw, firing off \u003ca class=\"external\" href=\"https://www.wsj.com/articles/dont-hire-my-anti-semitic-law-students-protests-colleges-universities-jews-palestine-6ad86ad5\" target=\"_blank\" rel=\"noopener\">an op-ed in the Wall Street Journal \u003c/a>urging employers: “Don’t Hire My Anti-Semitic Law Students.”\u003c/p>\n\u003cp>“The student conduct at Berkeley is part of the broader attitude against Jews on university campuses that made last week’s massacre possible,” he wrote in the aftermath of the Hamas attack on Israel on Oct. 7.\u003c/p>\n\u003cp>In response to that commentary, a group of alumni wrote an open letter to Erwin Chemerinsky, the dean of the law school, calling on him to uphold the rights of all students. The letter argued that Solomon conflated “support for the Palestinian people or criticism of the Israeli government with antisemitism.”\u003c/p>\n\u003cp>Chemerinsky responded by voicing the school’s commitment to freedom of speech, including language that “others find offensive, even deeply offensive.” Excluding speakers based on race, religion, sex or sexual orientation would not be allowed, he said, but excluding speakers based on viewpoint is a different matter.\u003c/p>\n\u003cp>“Student organizations have the First Amendment right to choose speakers based on viewpoint,” Chemerinsky said. “The College Republicans can choose to invite only conservative speakers. The Women of Berkeley Law can choose to invite only pro-choice speakers. I think that is quite clear.”\u003c/p>\n\u003cp>However, if you consider anti-Zionist to be synonymous with antisemitic, as some do, then excluding Zionist speakers can be seen as a discriminatory act.\u003c/p>\n\u003cp>“Nobody’s saying you have to include a program on a position that you disagree with,” said Alyza D. Lewin, president of the Brandeis Center For Human Rights under the Law. “They’re saying you cannot exclude an individual on the basis of their identity. That is a form of discrimination they need to address. You can’t have groups saying, ‘Zionists aren’t welcome,’ because that’s excluding Jews on the basis of an integral component of what it means to be a Jew.”\u003c/p>\n\u003cp>That’s among the reasons the Brandeis Center and Jewish Americans for Fairness in Education are \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">suing\u003c/a> UC Berkeley for what they characterize as the “longstanding, unchecked spread of anti-Semitism” on campus. The suit argues that anti-Zionism is a form of antisemitism and that the student group bylaws violate the 14th Amendment’s equal protection clause, the First Amendment right to freedom of religion and Title VI of the Civil Rights Act.\u003c/p>\n\u003cp>“Conditioning a Jew’s ability to participate in a student group on his or her renunciation of a core component of Jewish identity is no less pernicious than demanding the renunciation of some other core element of a student’s identity — whether based on race, ethnicity, gender, or sexual identity,” as the \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">lawsuit \u003c/a>said.\u003c/p>\n\u003cp>Others reject the notion of equating antisemitism with anti-Zionism.\u003c/p>\n\u003cp>“I am wary of that argument for a couple reasons. First of all, I do think there is a distinction between anti-Zionism and antisemitism,” Creeley said. “You have a First Amendment right to criticize Israel. That’s core political speech.”\u003c/p>\n\u003cp>Still, the question became a hot-button issue when more than two dozen Wall Street law firms signed a \u003ca class=\"external\" href=\"https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjlxxodvr/Letter%20to%20Law%20School%20Deans.pdf\" target=\"_blank\" rel=\"noopener\">letter warning deans at top law schools (PDF)\u003c/a> that they have “zero tolerance policies for any form of discrimination or harassment, much less the kind that has been taking place on some law school campuses.” \u003ca class=\"external\" href=\"https://www.reuters.com/legal/litigation/davis-polk-revokes-jobs-harvard-columbia-law-students-over-statements-israel-2023-10-17/\" target=\"_blank\" rel=\"noopener\">Harvard, Columbia\u003c/a> and \u003ca class=\"external\" href=\"https://www.businesswire.com/news/home/20231010192191/en/\" target=\"_blank\" rel=\"noopener\">NYU\u003c/a> students have already lost job offers over “inflammatory remarks.”\u003c/p>\n\u003cp>Other voices, however, defend the right of student groups to invite whomever they choose to speak on campus. For instance, it has been noted that some\u003ca class=\"external\" href=\"https://www.insidehighered.com/news/2013/12/11/swarthmore-hillel-rejects-ban-anti-israel-speakers#:~:text=Those%20guidelines%20stipulate%20that%20Hillel,sanctions%20(BDS)%20movement%20against%20Israel\" target=\"_blank\" rel=\"noopener\"> chapters of Hillel,\u003c/a> the Jewish student group on college campuses, have rules prohibiting speakers who “delegitimize” Israel.\u003c/p>\n\u003cp>“If you are a public university, you can’t require your belief-based student groups to either adopt or disavow certain beliefs,” said Creeley. “Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.”\u003c/p>\n\u003cp>But some argue that freedom of speech should not trample on the freedom of religion. Kenneth Marcus, chairman and founder of the Brandeis Center as well as \u003ca class=\"external\" href=\"https://www.nytimes.com/2020/07/27/us/politics/kenneth-marcus-education-department.html\" target=\"_blank\" rel=\"noopener\">the civil rights chief\u003c/a> of the U.S. Education Department during the Trump administration, has likened the bylaws to the \u003ca class=\"external\" href=\"https://jewishjournal.com/commentary/opinion/351854/berkeley-develops-jewish-free-zones/\" target=\"_blank\" rel=\"noopener\">“Jewish-free zones”\u003c/a> of the past.\u003c/p>\n\u003cp>“The school is quick to address other types of hatred, but why not antisemitism?” as Marcus, a Berkeley law school alumnus, has put it. “Berkeley, once a beacon of free speech, civil rights and equal treatment of persons regardless of race, religion, ethnicity, national origin, gender and sexual orientation, is heading down a very different and dangerous path from the one I proudly attended as a Jewish law student.”\u003c/p>\n\u003cp>Hannah Schlacter, a second-year MBA student at UC Berkeley’s Haas School of Business who is part of Jewish Americans for Fairness in Education, one of the plaintiffs in the lawsuit, said she feels unsafe on campus.\u003c/p>\n\u003cp>“I sense a hostile campus environment towards Jewish students who express their Jewish identity in certain ways. This was the case before 10/7, but it became even more so after 10/7,” she said. “If I express a part of my Jewish identity, like holding a flag of the Jewish homeland, then if I am assaulted, the university has demonstrated they will not investigate nor call it hate crime.”\u003c/p>\n\u003cp>The dean of the law school, a constitutional law scholar who is Jewish, refutes the central tenet of the suit.\u003c/p>\n\u003cp>“There is no ‘longstanding, unchecked antisemitism’ on the Berkeley campus,” Chemerinsky said. “I have been here six and a half years, and it is just a false narrative. I doubt the people who wrote it have been on campus.”\u003c/p>\n\u003cp>At the core of the debate is how you define freedom of speech, which has become an increasingly contentious matter in itself in recent years. Some say there’s not as much common ground on what constitutes free speech and its critical role in feeding a lively marketplace of ideas, the foundation of any participatory democracy, as there once was.\u003c/p>\n\u003cp>“I have been teaching First Amendment law for 44 years, and I think there is less consensus about free speech than there used to be,” Chemerinsky said. “The first seven weeks of this semester were calm and easy. Since Oct. 7, it has been difficult on our campus and on campuses across the country.”\u003c/p>\n\u003cp>For his part, the dean has also blamed the media, suggesting that many outlets \u003ca class=\"external\" href=\"https://www.thedailybeast.com/there-are-no-jewish-free-zones-on-the-uc-berkeley-campus\" target=\"_blank\" rel=\"noopener\">have overblown the controversy\u003c/a>, pouring fuel on the fire.\u003c/p>\n\u003cp>“What is the proper role of the university? To be a place where all ideas and views are discussed,” he wrote. “At my law school, the Law Students for Justice in Palestine bring in speakers and hold programs to express their views. At the same time, the Helen Diller Institute for Jewish Law and Israel Studies holds many programs.”\u003c/p>\n\u003cp>Lewin disagrees that institutional neutrality is the best approach to combat a rising tide of bias. The suit argues that the university failed to address antisemitic incidents on campus following the Oct. 7 Hamas attacks on Israel. In one campus incident, the lawsuit alleges, a Jewish student draped in an Israeli flag was assaulted by two protesters who hit him in the head with his water bottle.\u003c/p>\n\u003cp>There has also been a rise in anti-Islamic incidents. Pro-Palestinian students have reported being harassed and threatened in the wake of Oct. 7, \u003ca class=\"external\" href=\"https://news.berkeley.edu/2023/11/03/chancellor-carol-christ-reaffirming-our-community\" target=\"_blank\" rel=\"noopener\">according to university officials.\u003c/a>\u003c/p>\n\u003cp>“Hate doesn’t start with violence. Hate starts with biased attitudes,” Lewin said. “It starts with stereotypes. And then it builds. The reason we’re now seeing the violence is because for all those years when the biased attitudes, the stereotypes, the slurs, the shunning were taking place, the university said we’re not doing anything.”\u003c/p>\n\u003cp>Certainly, the law school is far from being alone in grappling with these thorny issues. Cases of both Islamophobia and antisemitism have been spiking on campuses across the country. These mounting incidents have prompted a federal response, with President Joe Biden’s Department of Education \u003ca class=\"external\" href=\"https://www.axios.com/2023/11/29/harvard-nyc-public-schools-antisemitism-investigation\" target=\"_blank\" rel=\"noopener\">announcing investigations\u003c/a> into antisemitism and Islamophobia at a growing number of universities, including Harvard, Columbia and Cornell.\u003c/p>\n\u003cp>“Of all the issues we deal with, of all the topics of speech, abortion, Trump, politics, whatever, Israel and Palestine has always been the most intensely felt. And that was true before Oct. 7. Now, holy moly,” Creeley said. “It’s the intensity of the feelings on both sides and the decades of historical precedent, the general feeling of bitterness and hopelessness. It all coagulates into a very toxic stew on campus.”\u003c/p>\n\u003cp>The social strife rampant on campuses across the country, experts say, may reflect a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/22/heckling-to-be-heard-why-bay-area-protesters-have-increasingly-become-government-disruptors/\" target=\"_blank\" rel=\"noopener\">deeply divided nation\u003c/a> coping with myriad crises, foreign and domestic. This has spread far beyond campuses to society at large, with \u003ca class=\"external\" href=\"https://apnews.com/article/oakland-israel-hamas-cease-fire-947cc31f56055c056768136100d09547\" target=\"_blank\" rel=\"noopener\">Oakland’s City Council\u003c/a> passing a resolution calling for a cease-fire in Gaza. Demonstrators recently \u003ca class=\"external\" href=\"https://www.cbsnews.com/sanfrancisco/pictures/photos-demonstration-demanding-cease-fire-in-gaza-shuts-down-westbound-bay-bridge/\" target=\"_blank\" rel=\"noopener\">shut down the San Francisco Bay Bridge\u003c/a> while others staged a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/13/calling-for-ceasefire-in-gaza-protesters-take-over-oakland-federal-building/\" target=\"_blank\" rel=\"noopener\">sit-in\u003c/a> at Oakland’s Ronald V. Dellums Federal Building, also urging a cease-fire. Protesters have also delayed a ship, which was believed to be carrying military supplies, for nine hours at the Port of Oakland. The use of \u003ca class=\"external\" href=\"https://www.nytimes.com/2023/11/15/technology/hate-speech-israel-gaza-internet.html#:~:text=Fueled%20by%20the%20conflict%20between,Facebook%20and%20Instagram%2C%20researchers%20said.&text=Sheera%20Frenkel%20and%20Steven%20Lee%20Myers%20reviewed%20thousands%20of%20social,with%20antisemitic%20and%20Islamophobic%20hashtags.\" target=\"_blank\" rel=\"noopener\">hate speech is also rising online.\u003c/a> Common ground is proving elusive on all fronts.\u003c/p>\n\u003cp>Grappling for ways to combat the rising tide of hate, \u003ca href=\"https://edsource.org/2023/uc-pledges-7-million-to-address-islamophobia-antisemitism-on-campuses/700780\">UC President Michael Drake\u003c/a> has pledged $7 million toward addressing “acts of bigotry, intolerance, and intimidation” on campuses.\u003c/p>\n\u003cp>“We have a crisis today on America’s campuses,” as Marcus said in his testimony before the House Committee on Education in a hearing titled “\u003ca class=\"external\" href=\"https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=409731\" target=\"_blank\" rel=\"noopener\">Confronting the Scourge of Antisemitism on Campus\u003c/a>.” “This is an emergency, and I would suggest to this committee that when the problem is exceptional and unprecedented, the solutions need to be unprecedented and exceptional.”\u003c/p>\n\u003cp>Chemerinsky, for one, takes a pragmatic approach to the discord on and off campus in these polarized times. At the law school, he said he hopes to engender a greater sense of civility in the discourse.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>“I don’t think we can aspire to unity,” he said. “But we can work to create community and to make all students feel included and respected.”\u003c/p>\n\n","blocks":[],"excerpt":"UC Berkeley finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\r\n","status":"publish","parent":0,"modified":1702085448,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":41,"wordCount":2218},"headData":{"title":"UC Berkeley Faces Discrimination Lawsuit Over Free Speech | KQED","description":"UC Berkeley finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\r\n","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"EdSource","sourceUrl":"https://edsource.org/","sticky":false,"nprByline":"Karen D'Souza","templateType":"standard","featuredImageType":"standard","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11969165/lawsuit-intensifies-spotlight-on-free-speech-controversies-at-uc-berkeley","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Long revered as the birthplace of the free speech movement in the ’60s, UC Berkeley now finds itself at the center of a fractious debate about First Amendment protections and religious intolerance amid the unfolding tragedy in the Middle East.\u003c/p>\n\u003cp>Tempers are running high on all sides amid the bloodshed in the Middle East, which has already claimed thousands of lives, exposing ideological rifts between students and professors at the law school, spurring a \u003ca class=\"external\" href=\"https://brandeiscenter.com/wp-content/uploads/2023/11/Brandeis-Center-Complaint-11.28.2023.pdf\" target=\"_blank\" rel=\"noopener\">discrimination lawsuit (PDF) \u003c/a>against the UC system and setting off a broader a debate over who gets to define the boundaries of First Amendment protections, a drama heightened by Berkeley’s legendary status as the heart of the ’60s student protest movement.\u003c/p>\n\u003cp>“It’s emblematic of the polarized times that we live in. We can’t begin to decide what the contours of expressive rights are,” said Will Creeley, the legal director of the Foundation for Individual Rights and Expression, a free-speech advocacy group. “In our pluralistic democracy, there are going to be groups out there with beliefs that you don’t share, that maybe the majority of Americans don’t share. But that’s what our system of government kind of defends and requires. We believe in groups of citizens banding together, even groups of citizens with unpopular ideas. That’s what the First Amendment protects.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.’","name":"pullquote","attributes":{"named":{"size":"medium","align":"right","citation":"Will Creeley, legal director, Foundation for Individual Rights and Expression","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The war of words first flared last summer when a student group, Law Students for Justice in Palestine, adopted a bylaw that banned supporters of Zionism from speaking at its events. Roughly 22 other student groups have adopted variations of this bylaw.\u003c/p>\n\u003cp>“As law students, we must utilize our privilege in amplifying the voices of indigenous movements for liberation and engage in the academic and political boycott that is essential to furthering goals of freedom,” as the LSJP group noted on its \u003ca class=\"external\" href=\"https://www.instagram.com/p/CyQ5vo9rkyX/?hl=en\" target=\"_blank\" rel=\"noopener\">Instagram\u003c/a> page, framing the bylaw issue as a matter of free speech. Members of the group did not respond to messages seeking comment.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Others view the bylaws as discriminatory toward Jewish students, faculty and invited speakers. Steven Davidoff Solomon, a noted professor of corporate law, took offense at the bylaw, firing off \u003ca class=\"external\" href=\"https://www.wsj.com/articles/dont-hire-my-anti-semitic-law-students-protests-colleges-universities-jews-palestine-6ad86ad5\" target=\"_blank\" rel=\"noopener\">an op-ed in the Wall Street Journal \u003c/a>urging employers: “Don’t Hire My Anti-Semitic Law Students.”\u003c/p>\n\u003cp>“The student conduct at Berkeley is part of the broader attitude against Jews on university campuses that made last week’s massacre possible,” he wrote in the aftermath of the Hamas attack on Israel on Oct. 7.\u003c/p>\n\u003cp>In response to that commentary, a group of alumni wrote an open letter to Erwin Chemerinsky, the dean of the law school, calling on him to uphold the rights of all students. The letter argued that Solomon conflated “support for the Palestinian people or criticism of the Israeli government with antisemitism.”\u003c/p>\n\u003cp>Chemerinsky responded by voicing the school’s commitment to freedom of speech, including language that “others find offensive, even deeply offensive.” Excluding speakers based on race, religion, sex or sexual orientation would not be allowed, he said, but excluding speakers based on viewpoint is a different matter.\u003c/p>\n\u003cp>“Student organizations have the First Amendment right to choose speakers based on viewpoint,” Chemerinsky said. “The College Republicans can choose to invite only conservative speakers. The Women of Berkeley Law can choose to invite only pro-choice speakers. I think that is quite clear.”\u003c/p>\n\u003cp>However, if you consider anti-Zionist to be synonymous with antisemitic, as some do, then excluding Zionist speakers can be seen as a discriminatory act.\u003c/p>\n\u003cp>“Nobody’s saying you have to include a program on a position that you disagree with,” said Alyza D. Lewin, president of the Brandeis Center For Human Rights under the Law. “They’re saying you cannot exclude an individual on the basis of their identity. That is a form of discrimination they need to address. You can’t have groups saying, ‘Zionists aren’t welcome,’ because that’s excluding Jews on the basis of an integral component of what it means to be a Jew.”\u003c/p>\n\u003cp>That’s among the reasons the Brandeis Center and Jewish Americans for Fairness in Education are \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">suing\u003c/a> UC Berkeley for what they characterize as the “longstanding, unchecked spread of anti-Semitism” on campus. The suit argues that anti-Zionism is a form of antisemitism and that the student group bylaws violate the 14th Amendment’s equal protection clause, the First Amendment right to freedom of religion and Title VI of the Civil Rights Act.\u003c/p>\n\u003cp>“Conditioning a Jew’s ability to participate in a student group on his or her renunciation of a core component of Jewish identity is no less pernicious than demanding the renunciation of some other core element of a student’s identity — whether based on race, ethnicity, gender, or sexual identity,” as the \u003ca class=\"external\" href=\"https://brandeiscenter.com/brandeis-center-sues-uc-berkeley-for-longstanding-unchecked-spread-of-anti-semitism-11-28-23/\" target=\"_blank\" rel=\"noopener\">lawsuit \u003c/a>said.\u003c/p>\n\u003cp>Others reject the notion of equating antisemitism with anti-Zionism.\u003c/p>\n\u003cp>“I am wary of that argument for a couple reasons. First of all, I do think there is a distinction between anti-Zionism and antisemitism,” Creeley said. “You have a First Amendment right to criticize Israel. That’s core political speech.”\u003c/p>\n\u003cp>Still, the question became a hot-button issue when more than two dozen Wall Street law firms signed a \u003ca class=\"external\" href=\"https://fingfx.thomsonreuters.com/gfx/legaldocs/xmvjlxxodvr/Letter%20to%20Law%20School%20Deans.pdf\" target=\"_blank\" rel=\"noopener\">letter warning deans at top law schools (PDF)\u003c/a> that they have “zero tolerance policies for any form of discrimination or harassment, much less the kind that has been taking place on some law school campuses.” \u003ca class=\"external\" href=\"https://www.reuters.com/legal/litigation/davis-polk-revokes-jobs-harvard-columbia-law-students-over-statements-israel-2023-10-17/\" target=\"_blank\" rel=\"noopener\">Harvard, Columbia\u003c/a> and \u003ca class=\"external\" href=\"https://www.businesswire.com/news/home/20231010192191/en/\" target=\"_blank\" rel=\"noopener\">NYU\u003c/a> students have already lost job offers over “inflammatory remarks.”\u003c/p>\n\u003cp>Other voices, however, defend the right of student groups to invite whomever they choose to speak on campus. For instance, it has been noted that some\u003ca class=\"external\" href=\"https://www.insidehighered.com/news/2013/12/11/swarthmore-hillel-rejects-ban-anti-israel-speakers#:~:text=Those%20guidelines%20stipulate%20that%20Hillel,sanctions%20(BDS)%20movement%20against%20Israel\" target=\"_blank\" rel=\"noopener\"> chapters of Hillel,\u003c/a> the Jewish student group on college campuses, have rules prohibiting speakers who “delegitimize” Israel.\u003c/p>\n\u003cp>“If you are a public university, you can’t require your belief-based student groups to either adopt or disavow certain beliefs,” said Creeley. “Student groups have an associational right, protected by the First Amendment, to band together over a shared belief, even if that belief is noxious to some, many, or even most.”\u003c/p>\n\u003cp>But some argue that freedom of speech should not trample on the freedom of religion. Kenneth Marcus, chairman and founder of the Brandeis Center as well as \u003ca class=\"external\" href=\"https://www.nytimes.com/2020/07/27/us/politics/kenneth-marcus-education-department.html\" target=\"_blank\" rel=\"noopener\">the civil rights chief\u003c/a> of the U.S. Education Department during the Trump administration, has likened the bylaws to the \u003ca class=\"external\" href=\"https://jewishjournal.com/commentary/opinion/351854/berkeley-develops-jewish-free-zones/\" target=\"_blank\" rel=\"noopener\">“Jewish-free zones”\u003c/a> of the past.\u003c/p>\n\u003cp>“The school is quick to address other types of hatred, but why not antisemitism?” as Marcus, a Berkeley law school alumnus, has put it. “Berkeley, once a beacon of free speech, civil rights and equal treatment of persons regardless of race, religion, ethnicity, national origin, gender and sexual orientation, is heading down a very different and dangerous path from the one I proudly attended as a Jewish law student.”\u003c/p>\n\u003cp>Hannah Schlacter, a second-year MBA student at UC Berkeley’s Haas School of Business who is part of Jewish Americans for Fairness in Education, one of the plaintiffs in the lawsuit, said she feels unsafe on campus.\u003c/p>\n\u003cp>“I sense a hostile campus environment towards Jewish students who express their Jewish identity in certain ways. This was the case before 10/7, but it became even more so after 10/7,” she said. “If I express a part of my Jewish identity, like holding a flag of the Jewish homeland, then if I am assaulted, the university has demonstrated they will not investigate nor call it hate crime.”\u003c/p>\n\u003cp>The dean of the law school, a constitutional law scholar who is Jewish, refutes the central tenet of the suit.\u003c/p>\n\u003cp>“There is no ‘longstanding, unchecked antisemitism’ on the Berkeley campus,” Chemerinsky said. “I have been here six and a half years, and it is just a false narrative. I doubt the people who wrote it have been on campus.”\u003c/p>\n\u003cp>At the core of the debate is how you define freedom of speech, which has become an increasingly contentious matter in itself in recent years. Some say there’s not as much common ground on what constitutes free speech and its critical role in feeding a lively marketplace of ideas, the foundation of any participatory democracy, as there once was.\u003c/p>\n\u003cp>“I have been teaching First Amendment law for 44 years, and I think there is less consensus about free speech than there used to be,” Chemerinsky said. “The first seven weeks of this semester were calm and easy. Since Oct. 7, it has been difficult on our campus and on campuses across the country.”\u003c/p>\n\u003cp>For his part, the dean has also blamed the media, suggesting that many outlets \u003ca class=\"external\" href=\"https://www.thedailybeast.com/there-are-no-jewish-free-zones-on-the-uc-berkeley-campus\" target=\"_blank\" rel=\"noopener\">have overblown the controversy\u003c/a>, pouring fuel on the fire.\u003c/p>\n\u003cp>“What is the proper role of the university? To be a place where all ideas and views are discussed,” he wrote. “At my law school, the Law Students for Justice in Palestine bring in speakers and hold programs to express their views. At the same time, the Helen Diller Institute for Jewish Law and Israel Studies holds many programs.”\u003c/p>\n\u003cp>Lewin disagrees that institutional neutrality is the best approach to combat a rising tide of bias. The suit argues that the university failed to address antisemitic incidents on campus following the Oct. 7 Hamas attacks on Israel. In one campus incident, the lawsuit alleges, a Jewish student draped in an Israeli flag was assaulted by two protesters who hit him in the head with his water bottle.\u003c/p>\n\u003cp>There has also been a rise in anti-Islamic incidents. Pro-Palestinian students have reported being harassed and threatened in the wake of Oct. 7, \u003ca class=\"external\" href=\"https://news.berkeley.edu/2023/11/03/chancellor-carol-christ-reaffirming-our-community\" target=\"_blank\" rel=\"noopener\">according to university officials.\u003c/a>\u003c/p>\n\u003cp>“Hate doesn’t start with violence. Hate starts with biased attitudes,” Lewin said. “It starts with stereotypes. And then it builds. The reason we’re now seeing the violence is because for all those years when the biased attitudes, the stereotypes, the slurs, the shunning were taking place, the university said we’re not doing anything.”\u003c/p>\n\u003cp>Certainly, the law school is far from being alone in grappling with these thorny issues. Cases of both Islamophobia and antisemitism have been spiking on campuses across the country. These mounting incidents have prompted a federal response, with President Joe Biden’s Department of Education \u003ca class=\"external\" href=\"https://www.axios.com/2023/11/29/harvard-nyc-public-schools-antisemitism-investigation\" target=\"_blank\" rel=\"noopener\">announcing investigations\u003c/a> into antisemitism and Islamophobia at a growing number of universities, including Harvard, Columbia and Cornell.\u003c/p>\n\u003cp>“Of all the issues we deal with, of all the topics of speech, abortion, Trump, politics, whatever, Israel and Palestine has always been the most intensely felt. And that was true before Oct. 7. Now, holy moly,” Creeley said. “It’s the intensity of the feelings on both sides and the decades of historical precedent, the general feeling of bitterness and hopelessness. It all coagulates into a very toxic stew on campus.”\u003c/p>\n\u003cp>The social strife rampant on campuses across the country, experts say, may reflect a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/22/heckling-to-be-heard-why-bay-area-protesters-have-increasingly-become-government-disruptors/\" target=\"_blank\" rel=\"noopener\">deeply divided nation\u003c/a> coping with myriad crises, foreign and domestic. This has spread far beyond campuses to society at large, with \u003ca class=\"external\" href=\"https://apnews.com/article/oakland-israel-hamas-cease-fire-947cc31f56055c056768136100d09547\" target=\"_blank\" rel=\"noopener\">Oakland’s City Council\u003c/a> passing a resolution calling for a cease-fire in Gaza. Demonstrators recently \u003ca class=\"external\" href=\"https://www.cbsnews.com/sanfrancisco/pictures/photos-demonstration-demanding-cease-fire-in-gaza-shuts-down-westbound-bay-bridge/\" target=\"_blank\" rel=\"noopener\">shut down the San Francisco Bay Bridge\u003c/a> while others staged a \u003ca class=\"external\" href=\"https://www.mercurynews.com/2023/11/13/calling-for-ceasefire-in-gaza-protesters-take-over-oakland-federal-building/\" target=\"_blank\" rel=\"noopener\">sit-in\u003c/a> at Oakland’s Ronald V. Dellums Federal Building, also urging a cease-fire. Protesters have also delayed a ship, which was believed to be carrying military supplies, for nine hours at the Port of Oakland. The use of \u003ca class=\"external\" href=\"https://www.nytimes.com/2023/11/15/technology/hate-speech-israel-gaza-internet.html#:~:text=Fueled%20by%20the%20conflict%20between,Facebook%20and%20Instagram%2C%20researchers%20said.&text=Sheera%20Frenkel%20and%20Steven%20Lee%20Myers%20reviewed%20thousands%20of%20social,with%20antisemitic%20and%20Islamophobic%20hashtags.\" target=\"_blank\" rel=\"noopener\">hate speech is also rising online.\u003c/a> Common ground is proving elusive on all fronts.\u003c/p>\n\u003cp>Grappling for ways to combat the rising tide of hate, \u003ca href=\"https://edsource.org/2023/uc-pledges-7-million-to-address-islamophobia-antisemitism-on-campuses/700780\">UC President Michael Drake\u003c/a> has pledged $7 million toward addressing “acts of bigotry, intolerance, and intimidation” on campuses.\u003c/p>\n\u003cp>“We have a crisis today on America’s campuses,” as Marcus said in his testimony before the House Committee on Education in a hearing titled “\u003ca class=\"external\" href=\"https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=409731\" target=\"_blank\" rel=\"noopener\">Confronting the Scourge of Antisemitism on Campus\u003c/a>.” “This is an emergency, and I would suggest to this committee that when the problem is exceptional and unprecedented, the solutions need to be unprecedented and exceptional.”\u003c/p>\n\u003cp>Chemerinsky, for one, takes a pragmatic approach to the discord on and off campus in these polarized times. At the law school, he said he hopes to engender a greater sense of civility in the discourse.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>“I don’t think we can aspire to unity,” he said. “But we can work to create community and to make all students feel included and respected.”\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11969165/lawsuit-intensifies-spotlight-on-free-speech-controversies-at-uc-berkeley","authors":["byline_news_11969165"],"categories":["news_8"],"tags":["news_27626","news_23960","news_18797","news_17597"],"featImg":"news_11969172","label":"source_news_11969165"},"news_11966417":{"type":"posts","id":"news_11966417","meta":{"index":"posts_1591205157","site":"news","id":"11966417","score":null,"sort":[1699192846000]},"guestAuthors":[],"slug":"community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom","title":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom","publishDate":1699192846,"format":"standard","headTitle":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom | KQED","labelTerm":{},"content":"\u003cp>Bill Blanken, a chemistry professor at Reedley College, said a new diversity and equity policy in California’s community colleges amounts to a “loyalty oath” and “compelled speech” that runs afoul of free speech and academic freedom.\u003c/p>\n\u003cp>Blanken, along with five other tenured professors in State Center Community College District, are challenging new California Community College diversity policies that change the way employees are evaluated. A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.\u003c/p>\n\u003cp>“We need legal protection,” Blanken said in an interview with EdSource on Oct. 12.\u003c/p>\n\u003cp>Last year, the Board of Governors for the California Community Colleges adopted new regulations requiring local districts to evaluate employees, including faculty, on their competency in working with a diverse student population. Local districts were required to be in compliance last month.\u003c/p>\n\u003cp>Blanken disagrees with the DEIA policy’s premise that racism is embedded in institutions, including California’s community colleges, or in disciplines such as chemistry, math and physics. He argues that these fields should be taught in a way that is race- and gender-neutral. That is at the crux of the lawsuit by the six plaintiffs.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Jill Wagner, spokesperson, State Center Community College District\"]‘DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.’[/pullquote]Filed by free speech advocacy group Foundation for Individual Rights and Expression (FIRE), \u003ca class=\"external\" href=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\">the suit\u003c/a> names California Community College Chancellor Sonya Christian, the board of governors of the California Community Colleges as well as the chancellor and governing board of State Center Community College District.\u003c/p>\n\u003cp>A related suit, filed in June on behalf of Bakersfield College history professor Daymon Johnson, targets the chancellor and board of the Kern Community College District.\u003c/p>\n\u003cp>State Center Community College District, which serves Fresno and surrounding central San Joaquin Valley communities, is one of the first districts in the state to include these new diversity requirements in its \u003ca class=\"external\" href=\"https://www.scccd.edu/_uploaded-files/documents/scccd-scft-agreement-ft-2022-2025-05.9.23-accessible-copy.pdf\" target=\"_blank\" rel=\"noopener\">latest faculty contract (PDF)\u003c/a>. The district said in a statement that it will defend its implementation of the state’s DEIA regulations and its collaborative effort with the State Center Federation of Teachers.\u003c/p>\n\u003cp>“The District now and forever will be a welcoming place for a diverse population, with a commitment to access and inclusion,” wrote Jill Wagner, spokesperson for State Center Community College District. “DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.”\u003c/p>\n\u003cp>The district’s new evaluation process requires instructional faculty to demonstrate “teaching and learning practices that reflect DEIA and anti-racist principles,” in addition to a written self-evaluation on the faculty’s “understanding” of DEIA competencies and “anti-racist principles,” with the goal of improving “equitable student outcomes and course completion.”\u003c/p>\n\u003cp>How these principles will play out in the next rounds of evaluation is still uncertain. Blanken said he has not received guidance from his department. A September memo by State Center’s human resources department noted that the district and academic senate have yet to develop uniform training guidelines for evaluations, and that meanwhile, “evaluatees should, in good faith, review the language in the contract and do their best to speak to how they have demonstrated or shown progress toward practices that embrace the DEIA principles.”\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Daniel Ortner, the FIRE attorney representing the State Center professors said, “That’s not good enough when free speech is on the line.”\u003c/p>\n\u003cp>Ortner added that broad, undefined regulations could have a “chilling effect” on speech in the classroom. Plaintiffs are particularly concerned about a \u003ca class=\"external\" href=\"https://www.asccc.org/sites/default/files/CCC_DEI-in-Curriculum_Model_Principles_and_Practices_June_2022.pdf\" target=\"_blank\" rel=\"noopener\">framework released by the California Community College Curriculum Committee (PDF)\u003c/a> that warns professors not to “‘weaponize’ academic freedom and academic integrity in an academic discipline or inflict curricular trauma” on historically marginalized students.\u003c/p>\n\u003cp>In the suit, plaintiffs said they have changed the way they teach their classes this semester because of the new DEIA policies. Loren Palsgaard, English professor at Madera Community College, said he will no longer assign texts that contain racial slurs, including Martin Luther King Jr.’s “Letter from Birmingham Jail” and works by William Faulkner and Flannery O’Connor.\u003c/p>\n\u003cp>A response filed on Oct. 2 by California Attorney General Rob Bonta, on behalf of the chancellor and the board of governors challenges the claim the DEIA policies bar professors from using these texts, adding that this framework is not binding and only provides a reference for college districts creating their own DEIA policies.\u003c/p>\n\u003cp>The guidance “expresses competencies the Chancellor’s Office endorses, but does not require,” wrote Melissa Villarin, spokesperson for the state Chancellor’s Office. “The regulations do not impose penalties on district employees. They are intended to contribute to employee professional development.”\u003c/p>\n\u003cp>Erwin Chemerinsky, dean of the UC Berkeley School of Law, said that it is well within a college’s rights to not only prescribe the curriculum for courses but to insist that faculty be sensitive to teaching a diverse student body. He added, however, that schools cannot require that faculty espouse a particular viewpoint in their teaching.\u003c/p>\n\u003cp>“The question is whether this is more the former than the latter,” Chemerinsky wrote in an email to EdSource, adding that he believes the government has a strong argument that this is within its realm of prescribing a curriculum.\u003c/p>\n\u003cp>“It is hard to say on this record that the First Amendment has been violated,” Chemerisky wrote. “It would be different if a teacher was being disciplined and bringing a challenge.” None of the plaintiffs in the suits has been disciplined.\u003c/p>\n\u003cp>[pullquote align=\"right\" size=\"medium\" citation=\"Daniel Ortner, FIRE attorney representing State Center professors\"]‘A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech.’[/pullquote]A separate \u003ca class=\"external\" href=\"https://www.ifs.org/cases/johnson-v-watkin/\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.ifs.org/cases/johnson-v-watkin/\">suit\u003c/a>, filed by the Institute for Free Speech on behalf of Bakersfield College professor Daymon Johnson, points to the firing of Matthew Garrett, a professor who had been critical of DEIA initiatives. Garrett was not subject to new DEIA policies affecting faculty evaluations. However, Johnson’s suit claims that he worries that he, too, could lose his job, because he shares many of the same conservative values and anti-DEIA stances as Garrett.\u003c/p>\n\u003cp>The Kern Community College District said in a statement that Garrett was not terminated because of his opinions on DEIA or other free speech issues.\u003c/p>\n\u003cp>“Matthew Garrett was terminated after a lengthy and detailed examination of his disciplinary violations at Bakersfield College,” said district spokesperson Norma Rojas.\u003c/p>\n\u003cp>Plaintiffs in both suits have asked the court for a preliminary injunction that would prevent the California Community Colleges’ DEIA policy — as well as State Center Community College District’s faculty contract — from going into immediate effect. The request remains pending in federal court, and no hearing date is currently set.\u003c/p>\n\u003cp>Ortner said he is not aware of any other lawsuits from California’s 116 community colleges that are targeting the new DEIA policies, but he’s keeping his eye on the issue statewide.\u003c/p>\n\u003cp>“A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech,” Ortner said. “California colleges are much more aggressive and forward in advocating for these principles.”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://edsource.org/2023/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom/699920\">This story originally appeared in EdSource.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":" A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.","status":"publish","parent":0,"modified":1705885162,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":28,"wordCount":1353},"headData":{"title":"Community College Professors Allege New Diversity Policies Infringe on Academic Freedom | KQED","description":" A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"source":"edsource","sourceUrl":"https://edsource.org/","sticky":false,"nprByline":"\u003ca href=\"https://edsource.org/author/egallegos\">Emma Gallegos\u003c/a>","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11966417/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Bill Blanken, a chemistry professor at Reedley College, said a new diversity and equity policy in California’s community colleges amounts to a “loyalty oath” and “compelled speech” that runs afoul of free speech and academic freedom.\u003c/p>\n\u003cp>Blanken, along with five other tenured professors in State Center Community College District, are challenging new California Community College diversity policies that change the way employees are evaluated. A lawsuit, filed in August, describes the plaintiffs as critics of anti-racism and diversity, equity, inclusion and accessibility (DEIA) principles who are concerned that these stances could result in negative performance evaluations or even losing their jobs.\u003c/p>\n\u003cp>“We need legal protection,” Blanken said in an interview with EdSource on Oct. 12.\u003c/p>\n\u003cp>Last year, the Board of Governors for the California Community Colleges adopted new regulations requiring local districts to evaluate employees, including faculty, on their competency in working with a diverse student population. Local districts were required to be in compliance last month.\u003c/p>\n\u003cp>Blanken disagrees with the DEIA policy’s premise that racism is embedded in institutions, including California’s community colleges, or in disciplines such as chemistry, math and physics. He argues that these fields should be taught in a way that is race- and gender-neutral. That is at the crux of the lawsuit by the six plaintiffs.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Jill Wagner, spokesperson, State Center Community College District","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Filed by free speech advocacy group Foundation for Individual Rights and Expression (FIRE), \u003ca class=\"external\" href=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.thefire.org/news/lawsuit-fire-sues-stop-california-forcing-professors-teach-dei\">the suit\u003c/a> names California Community College Chancellor Sonya Christian, the board of governors of the California Community Colleges as well as the chancellor and governing board of State Center Community College District.\u003c/p>\n\u003cp>A related suit, filed in June on behalf of Bakersfield College history professor Daymon Johnson, targets the chancellor and board of the Kern Community College District.\u003c/p>\n\u003cp>State Center Community College District, which serves Fresno and surrounding central San Joaquin Valley communities, is one of the first districts in the state to include these new diversity requirements in its \u003ca class=\"external\" href=\"https://www.scccd.edu/_uploaded-files/documents/scccd-scft-agreement-ft-2022-2025-05.9.23-accessible-copy.pdf\" target=\"_blank\" rel=\"noopener\">latest faculty contract (PDF)\u003c/a>. The district said in a statement that it will defend its implementation of the state’s DEIA regulations and its collaborative effort with the State Center Federation of Teachers.\u003c/p>\n\u003cp>“The District now and forever will be a welcoming place for a diverse population, with a commitment to access and inclusion,” wrote Jill Wagner, spokesperson for State Center Community College District. “DEIA initiatives have sparked many important conversations spanning decades, and as this issue continues to evolve, efforts to address them will continue to be at the forefront.”\u003c/p>\n\u003cp>The district’s new evaluation process requires instructional faculty to demonstrate “teaching and learning practices that reflect DEIA and anti-racist principles,” in addition to a written self-evaluation on the faculty’s “understanding” of DEIA competencies and “anti-racist principles,” with the goal of improving “equitable student outcomes and course completion.”\u003c/p>\n\u003cp>How these principles will play out in the next rounds of evaluation is still uncertain. Blanken said he has not received guidance from his department. A September memo by State Center’s human resources department noted that the district and academic senate have yet to develop uniform training guidelines for evaluations, and that meanwhile, “evaluatees should, in good faith, review the language in the contract and do their best to speak to how they have demonstrated or shown progress toward practices that embrace the DEIA principles.”\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Daniel Ortner, the FIRE attorney representing the State Center professors said, “That’s not good enough when free speech is on the line.”\u003c/p>\n\u003cp>Ortner added that broad, undefined regulations could have a “chilling effect” on speech in the classroom. Plaintiffs are particularly concerned about a \u003ca class=\"external\" href=\"https://www.asccc.org/sites/default/files/CCC_DEI-in-Curriculum_Model_Principles_and_Practices_June_2022.pdf\" target=\"_blank\" rel=\"noopener\">framework released by the California Community College Curriculum Committee (PDF)\u003c/a> that warns professors not to “‘weaponize’ academic freedom and academic integrity in an academic discipline or inflict curricular trauma” on historically marginalized students.\u003c/p>\n\u003cp>In the suit, plaintiffs said they have changed the way they teach their classes this semester because of the new DEIA policies. Loren Palsgaard, English professor at Madera Community College, said he will no longer assign texts that contain racial slurs, including Martin Luther King Jr.’s “Letter from Birmingham Jail” and works by William Faulkner and Flannery O’Connor.\u003c/p>\n\u003cp>A response filed on Oct. 2 by California Attorney General Rob Bonta, on behalf of the chancellor and the board of governors challenges the claim the DEIA policies bar professors from using these texts, adding that this framework is not binding and only provides a reference for college districts creating their own DEIA policies.\u003c/p>\n\u003cp>The guidance “expresses competencies the Chancellor’s Office endorses, but does not require,” wrote Melissa Villarin, spokesperson for the state Chancellor’s Office. “The regulations do not impose penalties on district employees. They are intended to contribute to employee professional development.”\u003c/p>\n\u003cp>Erwin Chemerinsky, dean of the UC Berkeley School of Law, said that it is well within a college’s rights to not only prescribe the curriculum for courses but to insist that faculty be sensitive to teaching a diverse student body. He added, however, that schools cannot require that faculty espouse a particular viewpoint in their teaching.\u003c/p>\n\u003cp>“The question is whether this is more the former than the latter,” Chemerinsky wrote in an email to EdSource, adding that he believes the government has a strong argument that this is within its realm of prescribing a curriculum.\u003c/p>\n\u003cp>“It is hard to say on this record that the First Amendment has been violated,” Chemerisky wrote. “It would be different if a teacher was being disciplined and bringing a challenge.” None of the plaintiffs in the suits has been disciplined.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Daniel Ortner, FIRE attorney representing State Center professors","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>A separate \u003ca class=\"external\" href=\"https://www.ifs.org/cases/johnson-v-watkin/\" target=\"_blank\" rel=\"noopener\" data-type=\"URL\" data-id=\"https://www.ifs.org/cases/johnson-v-watkin/\">suit\u003c/a>, filed by the Institute for Free Speech on behalf of Bakersfield College professor Daymon Johnson, points to the firing of Matthew Garrett, a professor who had been critical of DEIA initiatives. Garrett was not subject to new DEIA policies affecting faculty evaluations. However, Johnson’s suit claims that he worries that he, too, could lose his job, because he shares many of the same conservative values and anti-DEIA stances as Garrett.\u003c/p>\n\u003cp>The Kern Community College District said in a statement that Garrett was not terminated because of his opinions on DEIA or other free speech issues.\u003c/p>\n\u003cp>“Matthew Garrett was terminated after a lengthy and detailed examination of his disciplinary violations at Bakersfield College,” said district spokesperson Norma Rojas.\u003c/p>\n\u003cp>Plaintiffs in both suits have asked the court for a preliminary injunction that would prevent the California Community Colleges’ DEIA policy — as well as State Center Community College District’s faculty contract — from going into immediate effect. The request remains pending in federal court, and no hearing date is currently set.\u003c/p>\n\u003cp>Ortner said he is not aware of any other lawsuits from California’s 116 community colleges that are targeting the new DEIA policies, but he’s keeping his eye on the issue statewide.\u003c/p>\n\u003cp>“A lot of colleges have anti-discrimination protections that make students feel welcome, such as tutoring, mentoring. There are a lot of things that you can do that don’t impinge on free speech,” Ortner said. “California colleges are much more aggressive and forward in advocating for these principles.”\u003c/p>\n\u003cp>\u003cem>\u003ca href=\"https://edsource.org/2023/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom/699920\">This story originally appeared in EdSource.\u003c/a>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11966417/community-college-professors-allege-new-diversity-policies-infringe-on-academic-freedom","authors":["byline_news_11966417"],"categories":["news_18540","news_8"],"tags":["news_33446","news_25365","news_32395","news_33447","news_20013","news_21405","news_23960","news_18797","news_19970"],"featImg":"news_11966418","label":"source_news_11966417"},"news_11954743":{"type":"posts","id":"news_11954743","meta":{"index":"posts_1591205157","site":"news","id":"11954743","score":null,"sort":[1688148288000]},"guestAuthors":[],"slug":"supreme-court-rules-in-favor-of-christian-web-designer-who-denies-lgbtq-clients","title":"Supreme Court Rules in Favor of Christian Web Designer Who Denies LGBTQ Clients","publishDate":1688148288,"format":"standard","headTitle":"Supreme Court Rules in Favor of Christian Web Designer Who Denies LGBTQ Clients | KQED","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 12:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>In a defeat for gay rights, \u003ca href=\"https://apnews.com/hub/us-supreme-court\">the Supreme Court’s\u003c/a> conservative majority ruled on Friday that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. One of the court’s liberal justices wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that it opens the door to other discrimination.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/23865226-supreme-court-303-creative-opinion\">The court ruled 6-3\u003c/a> for designer Lorie Smith despite a Colorado law that bars discrimination based on sexual orientation, race, gender and other characteristics. Smith \u003ca href=\"https://apnews.com/article/us-supreme-court-entertainment-religion-race-and-ethnicity-discrimination-9f2a76e9c72b6e0dc2a513a968328799\">had argued\u003c/a> that the law violates her free speech rights.\u003c/p>\n\u003cp>Smith’s opponents warned that a win for her would allow a range of businesses to discriminate, refusing to serve Black, Jewish or Muslim customers, interracial or interfaith couples or immigrants. But Smith and her supporters had said that a ruling against her would force artists — from painters and photographers to writers and musicians — to do work that is against their beliefs.[pullquote align=\"right\" size=\"medium\" citation=\"Justice Sonia Sotomayor\"]‘Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.’[/pullquote]Justice Neil Gorsuch wrote for the court’s six conservative justices that the First Amendment “envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.” Gorsuch said that the court has long held that “the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.”\u003c/p>\n\u003cp>In a dissent, Justice Sonia Sotomayor wrote: “Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.” She was joined by the court’s two other liberals, Justice Elena Kagan and Justice Ketanji Brown Jackson.\u003c/p>\n\u003cp>Sotomayor said that the decision’s logic “cannot be limited to discrimination on the basis of sexual orientation or gender identity.” A website designer could refuse to create a wedding website for an interracial couple, a stationer could refuse to sell a birth announcement for a disabled couple, and a large retail store could limit its portrait services to “traditional” families, she wrote.\u003c/p>\n\u003cp>Shannon Minter, who is legal director for the San Francisco-based National Center for Lesbian Rights, said in a statement to KQED that it was the first time in the nation’s history that the Supreme Court has “held that the constitution permits discrimination in the commercial sphere,” calling it a “very sad and disappointing day.”\u003c/p>\n\u003cp>“The harm caused by today is the symbolic message it sends, at the very time when LGBTQ people are experiencing a backlash and there’s a resurgence of openly expressed bias against that community,” said Minter, who is concerned this will open the door to future decisions that go “farther than the decision today.”\u003c/p>\n\u003cp>While Minter doesn’t think the Supreme Court ruling will lead to “sweeping discrimination” by business owners, he thinks there is a danger that the decision will be misinterpreted by some business owners as a greenlight to turn away LGBTQ people if they want to — but adds that that would continue to be unlawful. “LGBTQ people will continue to be protected, but we may need to litigate a bunch of cases to demonstrate that.”\u003c/p>\n\u003cp>The decision is a win for religious rights and one in a series of cases in recent years in which the justices have sided with religious plaintiffs. Last year, for example, the court \u003ca href=\"https://apnews.com/article/supreme-court-coach-prayer-2981a8073ea82a1a688c367270c941aa\">ruled along ideological lines for a football coach\u003c/a> who prayed on the field at his public high school after games.\u003c/p>\n\u003cfigure id=\"attachment_11954762\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11954762\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Lorie Smith, the owner of 303 Creative, a website design company in Colorado, speaks with supporters outside of the US Supreme Court Building on Dec. 5, 2022 in Washington, DC. \u003ccite>(Anna Moneymaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The decision is also a retreat on gay rights for the court. For nearly three decades, the court has expanded the rights of LGBTQ people, most notably giving same-sex couples the \u003ca href=\"https://apnews.com/article/lifestyle-courts-marriage-supreme-court-of-the-united-states-united-states-government-9e1933cd1e1a4e969ab45f5952bbb45f\">right to marry in 2015\u003c/a> and \u003ca href=\"https://apnews.com/article/courts-supreme-courts-mi-state-wire-neil-gorsuch-ap-top-news-ef3c19a79b65c060fd9e82b9dd87a1d9\">announcing five years later in a decision written by Gorsuch\u003c/a> that a landmark civil rights law also protects gay, lesbian and transgender people from employment discrimination.\u003c/p>\n\u003cp>Even as it has expanded gay rights, however, the court has been careful to say those with differing religious views needed to be respected. The belief that marriage can only be between one man and one woman is an idea that “long has been held — and continues to be held — in good faith by reasonable and sincere people here and throughout the world,” Justice Anthony Kennedy wrote in \u003ca href=\"https://www.justice.gov/sites/default/files/crt/legacy/2015/06/26/obergefellhodgesopinion.pdf\">the court’s gay marriage decision (PDF)\u003c/a>.[aside label=\"Related Stories\" postID=\"news_11954612,forum_2010101893518,forum_2010101892885\"]The court returned to that idea five years ago when it was confronted with the case of a Christian baker who objected to designing a cake for a same-sex wedding. The court \u003ca href=\"https://apnews.com/article/north-america-ap-top-news-courts-supreme-courts-politics-459b5e723c4c47ffa40df839097503c9\">issued a limited ruling in favor of the baker\u003c/a>, Jack Phillips, saying there had been impermissible hostility toward his religious views in the consideration of his case. Phillips’ lawyer, Kristen Waggoner, of the Alliance Defending Freedom, also brought the most recent case to the court. On Friday, she said \u003ca href=\"https://apnews.com/hub/us-supreme-court\">the Supreme Court\u003c/a> was right to reaffirm that the government cannot compel people to say things they do not believe.\u003c/p>\n\u003cp>“Disagreement isn’t discrimination, and the government can’t mislabel speech as discrimination to censor it,” she said in a statement.\u003c/p>\n\u003cp>Smith, who owns a Colorado design business called 303 Creative, does not currently create wedding websites. She has said that she wants to but that her Christian faith would prevent her from creating websites celebrating same-sex marriages. And that’s where she runs into conflict with state law.\u003c/p>\n\u003cp>Colorado, like most other states, has a law forbidding businesses open to the public from discriminating against customers. Colorado said that under its so-called public accommodations law, if Smith offers wedding websites to the public, she must provide them to all customers, regardless of sexual orientation. Businesses that violate the law can be fined, among other things. Smith argued that applying the law to her violates her First Amendment rights. The state disagreed.\u003c/p>\n\u003cp>\u003cem>Jessica Gresko of The Associated Press and Alex Hall from KQED contributed to this story.\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"One of the court's liberal justices wrote in a dissent that the decision's effect is to 'mark gays and lesbians for second-class status' and that it opens the door to other discrimination.","status":"publish","parent":0,"modified":1688155546,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":1154},"headData":{"title":"Supreme Court Rules in Favor of Christian Web Designer Who Denies LGBTQ Clients | KQED","description":"One of the court's liberal justices wrote in a dissent that the decision's effect is to 'mark gays and lesbians for second-class status' and that it opens the door to other discrimination.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"nprByline":"The Associated Press and KQED News Staff","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","articleAge":"0","path":"/news/11954743/supreme-court-rules-in-favor-of-christian-web-designer-who-denies-lgbtq-clients","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 12:30 p.m. Friday\u003c/em>\u003c/p>\n\u003cp>In a defeat for gay rights, \u003ca href=\"https://apnews.com/hub/us-supreme-court\">the Supreme Court’s\u003c/a> conservative majority ruled on Friday that a Christian graphic artist who wants to design wedding websites can refuse to work with same-sex couples. One of the court’s liberal justices wrote in a dissent that the decision’s effect is to “mark gays and lesbians for second-class status” and that it opens the door to other discrimination.\u003c/p>\n\u003cp>\u003ca href=\"https://www.documentcloud.org/documents/23865226-supreme-court-303-creative-opinion\">The court ruled 6-3\u003c/a> for designer Lorie Smith despite a Colorado law that bars discrimination based on sexual orientation, race, gender and other characteristics. Smith \u003ca href=\"https://apnews.com/article/us-supreme-court-entertainment-religion-race-and-ethnicity-discrimination-9f2a76e9c72b6e0dc2a513a968328799\">had argued\u003c/a> that the law violates her free speech rights.\u003c/p>\n\u003cp>Smith’s opponents warned that a win for her would allow a range of businesses to discriminate, refusing to serve Black, Jewish or Muslim customers, interracial or interfaith couples or immigrants. But Smith and her supporters had said that a ruling against her would force artists — from painters and photographers to writers and musicians — to do work that is against their beliefs.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"‘Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.’","name":"pullquote","attributes":{"named":{"align":"right","size":"medium","citation":"Justice Sonia Sotomayor","label":""},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Justice Neil Gorsuch wrote for the court’s six conservative justices that the First Amendment “envisions the United States as a rich and complex place where all persons are free to think and speak as they wish, not as the government demands.” Gorsuch said that the court has long held that “the opportunity to think for ourselves and to express those thoughts freely is among our most cherished liberties and part of what keeps our Republic strong.”\u003c/p>\n\u003cp>In a dissent, Justice Sonia Sotomayor wrote: “Today, the Court, for the first time in its history, grants a business open to the public a constitutional right to refuse to serve members of a protected class.” She was joined by the court’s two other liberals, Justice Elena Kagan and Justice Ketanji Brown Jackson.\u003c/p>\n\u003cp>Sotomayor said that the decision’s logic “cannot be limited to discrimination on the basis of sexual orientation or gender identity.” A website designer could refuse to create a wedding website for an interracial couple, a stationer could refuse to sell a birth announcement for a disabled couple, and a large retail store could limit its portrait services to “traditional” families, she wrote.\u003c/p>\n\u003cp>Shannon Minter, who is legal director for the San Francisco-based National Center for Lesbian Rights, said in a statement to KQED that it was the first time in the nation’s history that the Supreme Court has “held that the constitution permits discrimination in the commercial sphere,” calling it a “very sad and disappointing day.”\u003c/p>\n\u003cp>“The harm caused by today is the symbolic message it sends, at the very time when LGBTQ people are experiencing a backlash and there’s a resurgence of openly expressed bias against that community,” said Minter, who is concerned this will open the door to future decisions that go “farther than the decision today.”\u003c/p>\n\u003cp>While Minter doesn’t think the Supreme Court ruling will lead to “sweeping discrimination” by business owners, he thinks there is a danger that the decision will be misinterpreted by some business owners as a greenlight to turn away LGBTQ people if they want to — but adds that that would continue to be unlawful. “LGBTQ people will continue to be protected, but we may need to litigate a bunch of cases to demonstrate that.”\u003c/p>\n\u003cp>The decision is a win for religious rights and one in a series of cases in recent years in which the justices have sided with religious plaintiffs. Last year, for example, the court \u003ca href=\"https://apnews.com/article/supreme-court-coach-prayer-2981a8073ea82a1a688c367270c941aa\">ruled along ideological lines for a football coach\u003c/a> who prayed on the field at his public high school after games.\u003c/p>\n\u003cfigure id=\"attachment_11954762\" class=\"wp-caption alignnone\" style=\"max-width: 1024px\">\u003cimg decoding=\"async\" loading=\"lazy\" class=\"size-full wp-image-11954762\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422.jpg\" alt=\"\" width=\"1024\" height=\"683\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422.jpg 1024w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2023/06/GettyImages-1446991422-160x107.jpg 160w\" sizes=\"(max-width: 1024px) 100vw, 1024px\">\u003cfigcaption class=\"wp-caption-text\">Lorie Smith, the owner of 303 Creative, a website design company in Colorado, speaks with supporters outside of the US Supreme Court Building on Dec. 5, 2022 in Washington, DC. \u003ccite>(Anna Moneymaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The decision is also a retreat on gay rights for the court. For nearly three decades, the court has expanded the rights of LGBTQ people, most notably giving same-sex couples the \u003ca href=\"https://apnews.com/article/lifestyle-courts-marriage-supreme-court-of-the-united-states-united-states-government-9e1933cd1e1a4e969ab45f5952bbb45f\">right to marry in 2015\u003c/a> and \u003ca href=\"https://apnews.com/article/courts-supreme-courts-mi-state-wire-neil-gorsuch-ap-top-news-ef3c19a79b65c060fd9e82b9dd87a1d9\">announcing five years later in a decision written by Gorsuch\u003c/a> that a landmark civil rights law also protects gay, lesbian and transgender people from employment discrimination.\u003c/p>\n\u003cp>Even as it has expanded gay rights, however, the court has been careful to say those with differing religious views needed to be respected. The belief that marriage can only be between one man and one woman is an idea that “long has been held — and continues to be held — in good faith by reasonable and sincere people here and throughout the world,” Justice Anthony Kennedy wrote in \u003ca href=\"https://www.justice.gov/sites/default/files/crt/legacy/2015/06/26/obergefellhodgesopinion.pdf\">the court’s gay marriage decision (PDF)\u003c/a>.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11954612,forum_2010101893518,forum_2010101892885"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>The court returned to that idea five years ago when it was confronted with the case of a Christian baker who objected to designing a cake for a same-sex wedding. The court \u003ca href=\"https://apnews.com/article/north-america-ap-top-news-courts-supreme-courts-politics-459b5e723c4c47ffa40df839097503c9\">issued a limited ruling in favor of the baker\u003c/a>, Jack Phillips, saying there had been impermissible hostility toward his religious views in the consideration of his case. Phillips’ lawyer, Kristen Waggoner, of the Alliance Defending Freedom, also brought the most recent case to the court. On Friday, she said \u003ca href=\"https://apnews.com/hub/us-supreme-court\">the Supreme Court\u003c/a> was right to reaffirm that the government cannot compel people to say things they do not believe.\u003c/p>\n\u003cp>“Disagreement isn’t discrimination, and the government can’t mislabel speech as discrimination to censor it,” she said in a statement.\u003c/p>\n\u003cp>Smith, who owns a Colorado design business called 303 Creative, does not currently create wedding websites. She has said that she wants to but that her Christian faith would prevent her from creating websites celebrating same-sex marriages. And that’s where she runs into conflict with state law.\u003c/p>\n\u003cp>Colorado, like most other states, has a law forbidding businesses open to the public from discriminating against customers. Colorado said that under its so-called public accommodations law, if Smith offers wedding websites to the public, she must provide them to all customers, regardless of sexual orientation. Businesses that violate the law can be fined, among other things. Smith argued that applying the law to her violates her First Amendment rights. The state disagreed.\u003c/p>\n\u003cp>\u003cem>Jessica Gresko of The Associated Press and Alex Hall from KQED contributed to this story.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11954743/supreme-court-rules-in-favor-of-christian-web-designer-who-denies-lgbtq-clients","authors":["byline_news_11954743"],"categories":["news_6188","news_8"],"tags":["news_23960","news_19345","news_201","news_31060"],"featImg":"news_11954764","label":"news"},"news_11927574":{"type":"posts","id":"news_11927574","meta":{"index":"posts_1591205157","site":"news","id":"11927574","score":null,"sort":[1664837058000]},"guestAuthors":[],"slug":"the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","title":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","publishDate":1664837058,"format":"standard","headTitle":"NPR | KQED News","labelTerm":{"term":253,"site":"news"},"content":"\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term's sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court's legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>\"Decisions have always been subject to intense criticism, and that is entirely appropriate,\" he said, \"but lately, the criticism is phrased in terms of ... the legitimacy of the court.\" That, he said is \"a mistake.\"\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, \"and that role doesn't change simply because people disagree with this opinion or that opinion.\" After all, he said, \"You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is.\"\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court's legitimacy has to be earned.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[aside label=\"Related Stories\" postID=\"news_11917776,news_11917650,news_11910550\"]Precedent should only be reversed in the rarest of cases, she said at Northwestern's Pritzker School of Law. Precedent, she said, is a \"foundation stone of law,\" a doctrine of stability that \"tells people they can rely on the law.\" But if, \"all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown ... then people have a right to say, 'You know, what's going on there? That doesn't seem very law-like.'\"\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: \"The court shouldn't be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn't be doing that in a way that reflects one set of political views over another.\"\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court's appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers' case rests heavily on the Supreme Court's 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University's Kelsi Corkran puts it, \"if Smith is correct that there's a free speech right to selectively choose her customers based on the messages she wants to endorse,\" the law would also permit a white supremacist to deny services to people of color because that, too, \"would be a message of endorsement.\"\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that \"the times, places, and manner\" of congressional elections \"shall be prescribed in each state by the [state] legislature.\"\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature's version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina's argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n","blocks":[],"excerpt":"The fate of affirmative action programs in college admissions, redistricting and elections are in the hands of the justices as the U.S. Supreme Court begins its new term.","status":"publish","parent":0,"modified":1664839168,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":23,"wordCount":1107},"headData":{"title":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket | KQED","description":"The fate of affirmative action programs in college admissions, redistricting and elections are in the hands of the justices as the U.S. Supreme Court begins its new term.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11927574 https://ww2.kqed.org/news/?p=11927574","disqusUrl":"https://ww2.kqed.org/news/2022/10/03/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket/","disqusTitle":"The Supreme Court Will Begin a New Term With More Contentious Cases on Its Docket","nprImageCredit":"Collection of the Supreme Court of the United States","nprByline":"Nina Totenberg","nprImageAgency":"Getty Images","nprStoryId":"1126041958","nprApiLink":"http://api.npr.org/query?id=1126041958&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2022/10/03/1126041958/supreme-court-new-term?ft=nprml&f=1126041958","nprRetrievedStory":"1","nprPubDate":"Mon, 03 Oct 2022 17:19:00 -0400","nprStoryDate":"Mon, 03 Oct 2022 05:00:08 -0400","nprLastModifiedDate":"Mon, 03 Oct 2022 17:19:18 -0400","nprAudio":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2022/10/20221003_me_the_supreme_court_will_begin_a_new_term_with_more_contentious_cases_on_its_docket.mp3?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","nprAudioM3u":"http://api.npr.org/m3u/11126519007-2149e2.m3u?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","excludeFromSiteSearch":"Include","showOnAuthorArchivePages":"No","path":"/news/11927574/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","audioUrl":"https://ondemand.npr.org/anon.npr-mp3/npr/me/2022/10/20221003_me_the_supreme_court_will_begin_a_new_term_with_more_contentious_cases_on_its_docket.mp3?orgId=1&topicId=1070&d=416&p=3&story=1126041958&ft=nprml&f=1126041958","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>After a tumultuous term that ended in June, the U.S. Supreme Court returns Monday to officially open a second potentially stormy term.\u003c/p>\n\u003cp>It may be hard to beat last term's sustained and dramatic turn to the right, which included most prominently the overturning of a half century of precedents that had guaranteed women the right to terminate most pregnancies. But the court may well rock the boat again, despite the fact that it finds its approval ratings plummeting to historic lows.\u003c/p>\n\u003cp>So much so that Chief Justice John Roberts sought to defend the court's legitimacy while speaking to a conference of judges and lawyers in Colorado.\u003c/p>\n\u003cp>\"Decisions have always been subject to intense criticism, and that is entirely appropriate,\" he said, \"but lately, the criticism is phrased in terms of ... the legitimacy of the court.\" That, he said is \"a mistake.\"\u003c/p>\n\u003cp>It is the job of the court to say what the law is, he said, \"and that role doesn't change simply because people disagree with this opinion or that opinion.\" After all, he said, \"You don't want the political branches telling you what the law is, and you don't want public opinion to be the guide of what the appropriate decision is.\"\u003c/p>\n\u003ch3>A dissenting view from Justice Kagan\u003c/h3>\n\u003cp>But Justice Elena Kagan pointedly disagreed with some of what Roberts said, noting in three separate appearances that in her view a court's legitimacy has to be earned.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Stories ","postid":"news_11917776,news_11917650,news_11910550"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>Precedent should only be reversed in the rarest of cases, she said at Northwestern's Pritzker School of Law. Precedent, she said, is a \"foundation stone of law,\" a doctrine of stability that \"tells people they can rely on the law.\" But if, \"all of a sudden everything is up for grabs, all of a sudden very fundamental principles of law are being overthrown ... then people have a right to say, 'You know, what's going on there? That doesn't seem very law-like.'\"\u003c/p>\n\u003cp>Or as she put it at Salve Regina University in Rhode Island: \"The court shouldn't be wandering around just inserting itself into every hot-button issue in America, and it especially shouldn't be doing that in a way that reflects one set of political views over another.\"\u003c/p>\n\u003cp>Kagan can see, probably better than the rest of us, that there may well be more dramatic right turns again this year on everything from affirmative action to voting rights, clean water regulations and an asserted First Amendment right to discriminate against same-sex couples in public accommodations. Indeed, the conservative court's appetite for hot-button issues appears unabated.\u003c/p>\n\u003ch2>More hot-button issues\u003c/h2>\n\u003cp>The question of precedent will rear its head again this term in a case challenging the affirmative action programs at Harvard and the University of North Carolina. For more than four decades, the court has ruled that race may be one of many factors considered in college admissions. But the issue is back this term before a very different court. The starkest question is whether the previous decisions were grievously wrong, the same rationale the court majority used last term in overturning Roe v. Wade.\u003c/p>\n\u003cp>In the affirmative action case, the challengers' case rests heavily on the Supreme Court's 1954 decision outlawing segregation in public schools. In other words, affirmative action, they say, is a form of discrimination.\u003c/p>\n\u003cp>Race is also at the heart of a new challenge to a provision of the Voting Rights Act. Since 2013, the court has struck down or neutered key provisions of the landmark 1965 law. And it appears poised to do it again in a case that involves allegations that Alabama engaged in racial gerrymandering to limit the influence of African American voters.\u003c/p>\n\u003cp>Race is also central in a challenge to the 1978 Indian Child Welfare Act. Texas and a group of white adoptive parents are challenging the law because it mandates that where at all possible, Indian children are to be adopted or fostered in Indian homes.\u003c/p>\n\u003cp>There are two other huge cases before the court that will garner lots of attention. One is a test of civil rights laws that exist in most states requiring that when a commercial entity offers products or services to the public, the business may not discriminate based on race, religion, national origin or gender.\u003c/p>\n\u003cp>Challenging these laws is Lorie Smith, a web designer in Colorado who doesn't want to make designs for same-sex couples because she asserts that would violate her religious principles. But the Supreme Court is not hearing the challenge on the basis of Smith's claim to the free exercise of religion. Instead, the court has limited the case to Smith's claim that the law violates her right to free expression.\u003c/p>\n\u003cp>As Georgetown University's Kelsi Corkran puts it, \"if Smith is correct that there's a free speech right to selectively choose her customers based on the messages she wants to endorse,\" the law would also permit a white supremacist to deny services to people of color because that, too, \"would be a message of endorsement.\"\u003c/p>\n\u003ch2>The fate of elections\u003c/h2>\n\u003cp>Last but certainly not least, the court will hear a major election law case involving the so-called independent state legislature theory.\u003c/p>\n\u003cp>In the current case, the North Carolina Supreme Court struck down a congressional redistricting plan on the grounds that it was an unconstitutional partisan gerrymander barred by the state constitution. The Republican leaders of the state Legislature challenged the state court decision. They contend it violates Article I of the U.S. Constitution, which states that \"the times, places, and manner\" of congressional elections \"shall be prescribed in each state by the [state] legislature.\"\u003c/p>\n\u003cp>That argument, in its most extreme form, would mean that no state court and no state agency could interfere with the state legislature's version of election rules, regardless of the rules set down in the state constitution.\u003c/p>\n\u003cp>Opponents contend that would mean that state legislatures would be free to do almost anything they want, without any supervision by state courts, and without being able to delegate to local officials rules on how to run elections.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>While state judges across the country frequently disagree, in this case the national Conference of Chief Justices, representing all the chief legal officers in the 50 states, has filed a brief opposing much of North Carolina's argument. State judges, the group says, do have the power under the U.S. Constitution to review state election laws.\u003c/p>\n\u003cdiv class=\"fullattribution\">\u003cem>Copyright 2022 NPR. To see more, visit https://www.npr.org.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=The+Supreme+Court+will+begin+a+new+term+with+more+contentious+cases+on+its+docket&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/em>\u003c/div>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11927574/the-supreme-court-will-begin-a-new-term-with-more-contentious-cases-on-its-docket","authors":["byline_news_11927574"],"categories":["news_6188","news_8"],"tags":["news_31752","news_23960","news_20682","news_282","news_201","news_1172"],"affiliates":["news_253"],"featImg":"news_11927575","label":"news_253"},"news_11822631":{"type":"posts","id":"news_11822631","meta":{"index":"posts_1591205157","site":"news","id":"11822631","score":null,"sort":[1591217584000]},"guestAuthors":[],"slug":"some-terms-and-conditions-may-apply","title":"Some Terms and Conditions May Apply...","publishDate":1591217584,"format":"standard","headTitle":"Mark Fiore: Drawn to the Bay | KQED News","labelTerm":{"term":18515,"site":"news"},"content":"\u003cp>Civil liberties advocates and a San Francisco supervisor are \u003ca href=\"https://bit.ly/fiorecurfewassemble\">questioning the constitutionality\u003c/a> of Bay Area curfew orders.\u003c/p>\n\u003cp>So am I.\u003c/p>\n\u003cp>Over five million people around the Bay Area are currently subject to a range of curfew orders designed to keep them off the streets at night.\u003c/p>\n\u003cp>These orders are an extraordinary restriction of our usual freedoms guaranteed in the First Amendment and are a pretty ham-fisted approach to reigning in the relatively small number of people who vandalize and steal.\u003c/p>\n\u003cp>I'm all for removing \u003ca href=\"https://www.kqed.org/news/11822242/so-much-more-than-fires-and-theft\">property destruction\u003c/a>, violence and \u003ca href=\"https://sfist.com/2020/06/02/looters-stole-at-least-70-cars-san-leandro/\">heists\u003c/a> from the equation, I just hope it doesn't happen at the expense of \"the right of the people peaceably to assemble.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Until the First Amendment is fully up and running again, better \u003ca href=\"https://www.kqed.org/news/11822230/curfews-expand-in-the-bay-area-check-your-town\">check your local curfew orders\u003c/a>.\u003c/p>\n\n","blocks":[],"excerpt":"Civil liberties advocates and a San Francisco supervisor are questioning the constitutionality of Bay Area curfew orders. ","status":"publish","parent":0,"modified":1591217584,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":8,"wordCount":131},"headData":{"title":"Some Terms and Conditions May Apply... | KQED","description":"Civil liberties advocates and a San Francisco supervisor are questioning the constitutionality of Bay Area curfew orders. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11822631 https://ww2.kqed.org/news/?p=11822631","disqusUrl":"https://ww2.kqed.org/news/2020/06/03/some-terms-and-conditions-may-apply/","disqusTitle":"Some Terms and Conditions May Apply...","path":"/news/11822631/some-terms-and-conditions-may-apply","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Civil liberties advocates and a San Francisco supervisor are \u003ca href=\"https://bit.ly/fiorecurfewassemble\">questioning the constitutionality\u003c/a> of Bay Area curfew orders.\u003c/p>\n\u003cp>So am I.\u003c/p>\n\u003cp>Over five million people around the Bay Area are currently subject to a range of curfew orders designed to keep them off the streets at night.\u003c/p>\n\u003cp>These orders are an extraordinary restriction of our usual freedoms guaranteed in the First Amendment and are a pretty ham-fisted approach to reigning in the relatively small number of people who vandalize and steal.\u003c/p>\n\u003cp>I'm all for removing \u003ca href=\"https://www.kqed.org/news/11822242/so-much-more-than-fires-and-theft\">property destruction\u003c/a>, violence and \u003ca href=\"https://sfist.com/2020/06/02/looters-stole-at-least-70-cars-san-leandro/\">heists\u003c/a> from the equation, I just hope it doesn't happen at the expense of \"the right of the people peaceably to assemble.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Until the First Amendment is fully up and running again, better \u003ca href=\"https://www.kqed.org/news/11822230/curfews-expand-in-the-bay-area-check-your-town\">check your local curfew orders\u003c/a>.\u003c/p>\n\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11822631/some-terms-and-conditions-may-apply","authors":["3236"],"series":["news_18515"],"categories":["news_6188","news_13"],"tags":["news_28046","news_23960","news_18797","news_28031","news_20949"],"featImg":"news_11822647","label":"news_18515"},"news_11822543":{"type":"posts","id":"news_11822543","meta":{"index":"posts_1591205157","site":"news","id":"11822543","score":null,"sort":[1591158354000]},"guestAuthors":[],"slug":"civil-liberties-advocates-raise-concerns-about-curfews-imposed-across-bay-area","title":"SF to End Curfew Thursday After Criticism, 2 Nights of Peaceful Protest","publishDate":1591158354,"format":"audio","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cstrong>Update, 12:50 p.m., Wednesday, June 3:\u003c/strong> San Francisco's 8 p.m. to 5 a.m. curfew will be lifted after just one more night.\u003c/p>\n\u003cp>Mayor London Breed announced in a series of tweets Wednesday afternoon that the curfew would end at 5 a.m. on Thursday. The previously indefinite curfew took effect Sunday evening in response to crimes such as theft, vandalism and assault adjacent to mass demonstrations against police violence.\u003c/p>\n\u003cp>https://twitter.com/LondonBreed/status/1268256873926426624\u003c/p>\n\u003cp>Breed added in a written statement that \"the overwhelming majority of people out protesting are doing so peacefully and we trust that will continue.\"\u003c/p>\n\u003cp>Civil liberties advocates and one city supervisor had criticized the order as vague, potentially illegal and expensive.\u003c/p>\n\u003cp>\u003cstrong>Original post, 9:25 p.m. Tuesday, June 2:\u003c/strong> Civil liberties advocates, including a member of the San Francisco Board of Supervisors, are pushing back against curfew orders imposed by more than a dozen jurisdictions around the Bay Area in response to property damage, thefts and assaults that have coincided with protests against police violence.[aside postID=\"news_11822230,news_11822469,news_11822277,news_11821834\" label=\"Bay Area's George Floyd Protests\"]\u003c/p>\n\u003cp>\"I have not seen any evidence demonstrating an indefinite threat that justifies such indefinite restrictions on the rights of residents,\" San Francisco Supervisor Matt Haney wrote in a series of tweets that questioned both the practicality and constitutionality of the nighttime curfews declared over the weekend by Mayor London Breed. \u003c/p>\n\u003cp>Haney's comments came as the American Civil Liberties Union of Northern California signaled that it may go to court to challenge the curfews, which Tuesday evening covered more than a dozen Bay Area jurisdictions home to 5.5 million people.\u003c/p>\n\u003cp>Resistance to the curfew orders took more concrete form on the sidewalk in front of City Hall Tuesday evening, as about 50 protesters refused to leave the area as the overnight edict took effect at 8 p.m.\u003c/p>\n\u003cp>\"I feel like that's going to be used to shut down everyone, not just the specific rioters,\" said Ricardo Bravo, 21, who said he lives in Central California. \"With that curfew, they could just come out here and arrest us.\"\u003c/p>\n\u003cp>Police did not disperse the crowd at City Hall after 8 p.m., and most of the group then marched to San Francisco's Hall of Justice, where they staged a sit-in. Police began detaining the group of about 30 demonstrators shortly before 10:30 p.m.\u003c/p>\n\u003cp>https://twitter.com/SherazSadiq1/status/1268051221224419328\u003c/p>\n\u003cp>Breed resorted to the curfew after widespread looting and vandalism that followed demonstrations triggered by the killing of George Floyd by Minneapolis police.\u003c/p>\n\u003cp>\"To be clear, this is the last thing that I wanna do as mayor. I want peace, I want protest, but I don't want the kind of violence and crime that we see playing itself across the streets of our city to continue,\" Breed said when the curfew was first declared Saturday night. \"And we have a responsibility to deal with it, and that's exactly what we're going to do.\"\u003c/p>\n\u003cp>But Haney questioned whether the curfews, enforced by a massive police presence, make sense for the city financially. \u003c/p>\n\u003cp>\"Why hasn't anyone else raised the issue of costs?\" he asked. \"Hundreds of officers arresting a handful of people for protesting at 8:15 p.m. is a MASSIVE cost, at a time when we are facing a $2 billion deficit.\"\u003c/p>\n\u003cp>Haney also argued that the police don't need the curfew to protect the city or its residents, despite the recent unrest.\u003c/p>\n\u003cp>\"I understand there are some people who want to use this moment to wreak havoc, destruction, violence,\" Haney wrote. \"We reject that, entirely, and should prevent it. There are better, more targeted ways to do so while balancing civil liberties and civil rights. We can be better than this.\"\u003c/p>\n\u003cp>https://twitter.com/MattHaneySF/status/1267996845990526976\u003c/p>\n\u003cp>Police Chief William Scott defended the curfews at a Board of Supervisors meeting held remotely Tuesday because of the COVID-19 pandemic.\u003c/p>\n\u003cp>\"What it allows us to do is get out in front of it and be more proactive,\" Scott told the supervisors, who must approve the curfew for it to continue indefinitely, as Breed has ordered.\u003c/p>\n\u003cp>Scott said most of the property destruction the city has seen since the protests began has taken place after nightfall. He argued that if San Francisco doesn't maintain a curfew while surrounding jurisdictions do, that could make the city a target.\u003c/p>\n\u003cp>\"Right now, we are still in the thick of things,\" Scott said. He added that police expect a demonstration Wednesday that \"may be volatile.\"\u003c/p>\n\u003cp>Supervisor Aaron Peskin questioned why the mayor had called for an indefinite curfew, instead of setting an end date as most cities and counties have done. \u003c/p>\n\u003cp>\"I don't feel like I want to sign a blank check,\" Peskin said. \"It's frankly an extraordinary thing in our First Amendment-based society to do this.\"\u003c/p>\n\u003cp>\"This can't go on for very long,\" he added.\u003c/p>\n\u003cp>The board is scheduled to discuss again whether to approve the curfew on Thursday. \u003c/p>\n\u003cp>A similar discussion by the San Jose City Council on Tuesday ended with city officials deciding to lift a curfew there at 5 a.m. Thursday, with plans to revisit the decision on Friday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The ACLU of Northern California criticized the emergency measures, which ban most residents in the affected communities from leaving home between 8 p.m. and 5 a.m., as hasty and lacking clarity as to their scope and duration. \u003c/p>\n\u003cp>\"Blanket closure of all public spaces gives police unfettered discretion, which has shown to lead to selective and biased enforcement, and high potential for the exact type of racialized abuses that are being protested,\" the ACLU chapter said in a statement.\u003c/p>\n\u003cp>The civil liberties group's Southern California chapter issued a more formal challenge to a curfew order imposed across Los Angeles County. In a letter, the chapter argued that the order violates state law by being overly broad — covering millions of people in areas where no unrest has taken place — and infringes upon First Amendment rights. \u003c/p>\n\u003cp>“Counties in Southern California are suppressing a huge amount of very important peaceful protests in the name of stopping a small number of people who in a few places have engaged in looting,” Ahilan Arulanantham, senior counsel at the chapter, said in an interview.\u003c/p>\n\u003cp>In Oakland, officials initially resisted instituting a curfew, but the city joined an Alameda County-wide emergency order on Monday.\u003c/p>\n\u003cp>“We’re very appreciative that the city has given us the tool of the curfew, simply really to interdict and abate that violence,” Oakland interim Police Chief Susan Manheimer said Tuesday afternoon.\u003c/p>\n\u003cp>“Where it crosses the line is when anyone tries to harm anyone else, including our officers who have been the target of significant rocks, bottles, Molotov cocktails and incendiary devices, and to gunfire,\" Manheimer said. \"We’ve had gunfire at our police building. We’ve had gunfire out on the streets.”\u003c/p>\n\u003cp>David Levine, a professor at UC Hastings College of the Law in San Francisco, says public officials are trying to strike a balance in how they respond to the unrest that's occurred alongside the current protests.\u003c/p>\n\u003cp>\"With a curfew, the issue is whether it solves a problem or creates a problem in the sense that if the if the populace thinks that the government is coming down with too heavy a hand, it might just enrage people and maybe even get more people out on the streets,\" Levine said Tuesday. \u003c/p>\n\u003cp>But officials are weighing that possibility against something even more draconian, he said. \u003c/p>\n\u003cp>“For example, the president's threat to put the military on the streets, which I think by and large has been condemned by elected officials. ... And so I think the perception is, given the amount of damage that we've seen in Oakland, in Los Angeles, New York City, a curfew is a modest escalation in pressure to get people to come to peacefully protest and to comply with the law.”\u003c/p>\n\u003cp>Others have pointed out that another problem with the curfews, aside from the constitutional and other problematic aspects, is that it's subject to selective enforcement. \u003c/p>\n\u003cp>“If you are an essential worker, you have to believe that the color of your skin and also what you're wearing and things like that are going to influence how safe you feel in being able to assert this exemption when the police try to stop you, the ACLU's Arulanantham said. \"... It's ironic because that is the underlying issue that the protests are about and the government's response is just heightening the exact injustice that the protests were trying to address in the first place.”\u003c/p>\n\u003cp>Bay Area Journalist Shane Bauer offered a case in point, in which an African American man was arrested in Oakland on Monday after the 8 p.m. curfew took effect. Officers appeared to take him into custody because he had no media credential.\u003c/p>\n\u003cp>Bauer, who was standing next to the man and said he also had no media credential, was not accosted. \u003c/p>\n\u003cp>https://twitter.com/shane_bauer/status/1267669541452017673\u003c/p>\n\u003cp>\u003cem>This story includes reporting from KQED's Joe Fitzgerald Rodriguez, Adhiti Bandlamudi and Bay City News.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Critics of overnight lockdowns say they are overbroad, expensive, poorly planned — and that they violate the First Amendment. ","status":"publish","parent":0,"modified":1591225859,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":43,"wordCount":1559},"headData":{"title":"SF to End Curfew Thursday After Criticism, 2 Nights of Peaceful Protest | KQED","description":"Critics of overnight lockdowns say they are overbroad, expensive, poorly planned — and that they violate the First Amendment. ","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11822543 https://ww2.kqed.org/news/?p=11822543","disqusUrl":"https://ww2.kqed.org/news/2020/06/02/civil-liberties-advocates-raise-concerns-about-curfews-imposed-across-bay-area/","disqusTitle":"SF to End Curfew Thursday After Criticism, 2 Nights of Peaceful Protest","audioUrl":"https://traffic.omny.fm/d/clips/0af137ef-751e-4b19-a055-aaef00d2d578/ffca7e9f-6831-41c5-bcaf-aaef00f5a073/c26ffa1b-1a6d-40bd-80b7-abcf01114a30/audio.mp3","path":"/news/11822543/civil-liberties-advocates-raise-concerns-about-curfews-imposed-across-bay-area","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, 12:50 p.m., Wednesday, June 3:\u003c/strong> San Francisco's 8 p.m. to 5 a.m. curfew will be lifted after just one more night.\u003c/p>\n\u003cp>Mayor London Breed announced in a series of tweets Wednesday afternoon that the curfew would end at 5 a.m. on Thursday. The previously indefinite curfew took effect Sunday evening in response to crimes such as theft, vandalism and assault adjacent to mass demonstrations against police violence.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1268256873926426624"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Breed added in a written statement that \"the overwhelming majority of people out protesting are doing so peacefully and we trust that will continue.\"\u003c/p>\n\u003cp>Civil liberties advocates and one city supervisor had criticized the order as vague, potentially illegal and expensive.\u003c/p>\n\u003cp>\u003cstrong>Original post, 9:25 p.m. Tuesday, June 2:\u003c/strong> Civil liberties advocates, including a member of the San Francisco Board of Supervisors, are pushing back against curfew orders imposed by more than a dozen jurisdictions around the Bay Area in response to property damage, thefts and assaults that have coincided with protests against police violence.\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"postid":"news_11822230,news_11822469,news_11822277,news_11821834","label":"Bay Area's George Floyd Protests "},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"I have not seen any evidence demonstrating an indefinite threat that justifies such indefinite restrictions on the rights of residents,\" San Francisco Supervisor Matt Haney wrote in a series of tweets that questioned both the practicality and constitutionality of the nighttime curfews declared over the weekend by Mayor London Breed. \u003c/p>\n\u003cp>Haney's comments came as the American Civil Liberties Union of Northern California signaled that it may go to court to challenge the curfews, which Tuesday evening covered more than a dozen Bay Area jurisdictions home to 5.5 million people.\u003c/p>\n\u003cp>Resistance to the curfew orders took more concrete form on the sidewalk in front of City Hall Tuesday evening, as about 50 protesters refused to leave the area as the overnight edict took effect at 8 p.m.\u003c/p>\n\u003cp>\"I feel like that's going to be used to shut down everyone, not just the specific rioters,\" said Ricardo Bravo, 21, who said he lives in Central California. \"With that curfew, they could just come out here and arrest us.\"\u003c/p>\n\u003cp>Police did not disperse the crowd at City Hall after 8 p.m., and most of the group then marched to San Francisco's Hall of Justice, where they staged a sit-in. Police began detaining the group of about 30 demonstrators shortly before 10:30 p.m.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1268051221224419328"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Breed resorted to the curfew after widespread looting and vandalism that followed demonstrations triggered by the killing of George Floyd by Minneapolis police.\u003c/p>\n\u003cp>\"To be clear, this is the last thing that I wanna do as mayor. I want peace, I want protest, but I don't want the kind of violence and crime that we see playing itself across the streets of our city to continue,\" Breed said when the curfew was first declared Saturday night. \"And we have a responsibility to deal with it, and that's exactly what we're going to do.\"\u003c/p>\n\u003cp>But Haney questioned whether the curfews, enforced by a massive police presence, make sense for the city financially. \u003c/p>\n\u003cp>\"Why hasn't anyone else raised the issue of costs?\" he asked. \"Hundreds of officers arresting a handful of people for protesting at 8:15 p.m. is a MASSIVE cost, at a time when we are facing a $2 billion deficit.\"\u003c/p>\n\u003cp>Haney also argued that the police don't need the curfew to protect the city or its residents, despite the recent unrest.\u003c/p>\n\u003cp>\"I understand there are some people who want to use this moment to wreak havoc, destruction, violence,\" Haney wrote. \"We reject that, entirely, and should prevent it. There are better, more targeted ways to do so while balancing civil liberties and civil rights. We can be better than this.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1267996845990526976"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Police Chief William Scott defended the curfews at a Board of Supervisors meeting held remotely Tuesday because of the COVID-19 pandemic.\u003c/p>\n\u003cp>\"What it allows us to do is get out in front of it and be more proactive,\" Scott told the supervisors, who must approve the curfew for it to continue indefinitely, as Breed has ordered.\u003c/p>\n\u003cp>Scott said most of the property destruction the city has seen since the protests began has taken place after nightfall. He argued that if San Francisco doesn't maintain a curfew while surrounding jurisdictions do, that could make the city a target.\u003c/p>\n\u003cp>\"Right now, we are still in the thick of things,\" Scott said. He added that police expect a demonstration Wednesday that \"may be volatile.\"\u003c/p>\n\u003cp>Supervisor Aaron Peskin questioned why the mayor had called for an indefinite curfew, instead of setting an end date as most cities and counties have done. \u003c/p>\n\u003cp>\"I don't feel like I want to sign a blank check,\" Peskin said. \"It's frankly an extraordinary thing in our First Amendment-based society to do this.\"\u003c/p>\n\u003cp>\"This can't go on for very long,\" he added.\u003c/p>\n\u003cp>The board is scheduled to discuss again whether to approve the curfew on Thursday. \u003c/p>\n\u003cp>A similar discussion by the San Jose City Council on Tuesday ended with city officials deciding to lift a curfew there at 5 a.m. Thursday, with plans to revisit the decision on Friday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The ACLU of Northern California criticized the emergency measures, which ban most residents in the affected communities from leaving home between 8 p.m. and 5 a.m., as hasty and lacking clarity as to their scope and duration. \u003c/p>\n\u003cp>\"Blanket closure of all public spaces gives police unfettered discretion, which has shown to lead to selective and biased enforcement, and high potential for the exact type of racialized abuses that are being protested,\" the ACLU chapter said in a statement.\u003c/p>\n\u003cp>The civil liberties group's Southern California chapter issued a more formal challenge to a curfew order imposed across Los Angeles County. In a letter, the chapter argued that the order violates state law by being overly broad — covering millions of people in areas where no unrest has taken place — and infringes upon First Amendment rights. \u003c/p>\n\u003cp>“Counties in Southern California are suppressing a huge amount of very important peaceful protests in the name of stopping a small number of people who in a few places have engaged in looting,” Ahilan Arulanantham, senior counsel at the chapter, said in an interview.\u003c/p>\n\u003cp>In Oakland, officials initially resisted instituting a curfew, but the city joined an Alameda County-wide emergency order on Monday.\u003c/p>\n\u003cp>“We’re very appreciative that the city has given us the tool of the curfew, simply really to interdict and abate that violence,” Oakland interim Police Chief Susan Manheimer said Tuesday afternoon.\u003c/p>\n\u003cp>“Where it crosses the line is when anyone tries to harm anyone else, including our officers who have been the target of significant rocks, bottles, Molotov cocktails and incendiary devices, and to gunfire,\" Manheimer said. \"We’ve had gunfire at our police building. We’ve had gunfire out on the streets.”\u003c/p>\n\u003cp>David Levine, a professor at UC Hastings College of the Law in San Francisco, says public officials are trying to strike a balance in how they respond to the unrest that's occurred alongside the current protests.\u003c/p>\n\u003cp>\"With a curfew, the issue is whether it solves a problem or creates a problem in the sense that if the if the populace thinks that the government is coming down with too heavy a hand, it might just enrage people and maybe even get more people out on the streets,\" Levine said Tuesday. \u003c/p>\n\u003cp>But officials are weighing that possibility against something even more draconian, he said. \u003c/p>\n\u003cp>“For example, the president's threat to put the military on the streets, which I think by and large has been condemned by elected officials. ... And so I think the perception is, given the amount of damage that we've seen in Oakland, in Los Angeles, New York City, a curfew is a modest escalation in pressure to get people to come to peacefully protest and to comply with the law.”\u003c/p>\n\u003cp>Others have pointed out that another problem with the curfews, aside from the constitutional and other problematic aspects, is that it's subject to selective enforcement. \u003c/p>\n\u003cp>“If you are an essential worker, you have to believe that the color of your skin and also what you're wearing and things like that are going to influence how safe you feel in being able to assert this exemption when the police try to stop you, the ACLU's Arulanantham said. \"... It's ironic because that is the underlying issue that the protests are about and the government's response is just heightening the exact injustice that the protests were trying to address in the first place.”\u003c/p>\n\u003cp>Bay Area Journalist Shane Bauer offered a case in point, in which an African American man was arrested in Oakland on Monday after the 8 p.m. curfew took effect. Officers appeared to take him into custody because he had no media credential.\u003c/p>\n\u003cp>Bauer, who was standing next to the man and said he also had no media credential, was not accosted. \u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1267669541452017673"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\u003cem>This story includes reporting from KQED's Joe Fitzgerald Rodriguez, Adhiti Bandlamudi and Bay City News.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11822543/civil-liberties-advocates-raise-concerns-about-curfews-imposed-across-bay-area","authors":["3206","222","11583"],"categories":["news_8"],"tags":["news_28046","news_27626","news_23960","news_28031","news_6931","news_18046","news_38"],"featImg":"news_11822735","label":"news"},"news_11822178":{"type":"posts","id":"news_11822178","meta":{"index":"posts_1591205157","site":"news","id":"11822178","score":null,"sort":[1591043342000]},"guestAuthors":[],"slug":"facebook-workers-speak-out-against-company-over-trump-stage-virtual-walkout","title":"Facebook Workers Speak Out Against Company Over Trump, Stage 'Virtual Walkout'","publishDate":1591043342,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>Facebook employees are using Twitter to register their frustration over CEO Mark Zuckerberg's decision to leave up posts by President Trump that suggested protesters in Minneapolis could be shot.\u003c/p>\n\u003cp>While Twitter \u003ca href=\"https://www.kqed.org/news/11821641/twitter-hides-trumps-tweet-about-minneapolis-saying-it-glorifies-violence\">demoted and placed a warning\u003c/a> on a tweet about the protests that read, in part, that \"when the looting starts the shooting starts,\" Facebook has let it stand, with Zuckerberg laying out his reasoning in a Facebook \u003ca href=\"https://www.facebook.com/zuck/posts/10111961824369871\">post\u003c/a> Friday. \u003c/p>\n\u003cp>\"I know many people are upset that we've left the President's posts up, but our position is that we should enable as much expression as possible unless it will cause imminent risk of specific harms or dangers spelled out in clear policies,\" Zuckerberg wrote. \u003c/p>\n\u003cp>Trump's comment evoked the civil-rights era by borrowing a phrase used in 1967 by Miami's police chief to warn of an aggressive police response to unrest in black neighborhoods.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>On Monday, Facebook employees staged a virtual \"walkout\" to protest the company's decision not to touch the Trump posts, according to a \u003ca href=\"https://www.nytimes.com/2020/06/01/technology/facebook-employee-protest-trump.html\">report in the New York Times\u003c/a>, which cited anonymous senior employees at Facebook. The Times report says \"dozens\" of Facebook workers \"took the day off by logging into Facebook's systems and requesting time off to support protesters across the country.\"\u003c/p>\n\u003cp>\"I work at Facebook and I am not proud of how we're showing up. The majority of coworkers I've spoken to feel the same way. We are making our voice heard,\" tweeted Jason Toff, a director of product management at Facebook who's been at the company for a year. \u003c/p>\n\u003cp>Toff, who has a verified Twitter account, had 131,400 \"likes\" and thousands of retweets of his comment. He did not immediately respond to a message seeking comment on Monday. \u003c/p>\n\u003cp>https://twitter.com/jasontoff/status/1267318891203530752?s=20\u003c/p>\n\u003cp>\"I don't know what to do, but I know doing nothing is not acceptable. I'm a FB employee that completely disagrees with Mark's decision to do nothing about Trump's recent posts, which clearly incite violence. I'm not alone inside of FB. There isn't a neutral position on racism,\" tweeted another employee, design manager Jason Stirman. \u003c/p>\n\u003cp>Stirman did not immediately respond to a request for comment on Monday. \u003c/p>\n\u003cp>Sara Zhang, a product designer at the company, tweeted that Facebook's \"decision to not act on posts that incite violence ignores other options to keep our community safe. The policy pigeon holes us into addressing harmful user-facing content in two ways: keep content up or take it down.\"\u003c/p>\n\u003cp>\"I believe that this is a self-imposed constraint and implore leadership to revisit the solution,\" she continued.\u003c/p>\n\u003cp>https://twitter.com/superrrsara/status/1267488277797322752?s=20\u003c/p>\n\u003cp>Zhang declined to comment to The Associated Press. \u003c/p>\n\u003cp>Representatives for Facebook did not immediately respond to multiple requests for comment Monday. \u003c/p>\n\u003cp>[aside label='Related Coverage' tag='george-floyd']\u003c/p>\n\u003cp>Late Sunday, Zuckerberg again posted on Facebook, pledging a $10 million donation to racial justice groups. But he made no mention of Trump's posts. Instead, he highlighted Facebook's role in the spreading of the video of George Floyd's death. \u003c/p>\n\u003cp>Floyd, a black man who was in handcuffs at the time, died after a white police officer ignored bystander shouts to get off him and Floyd's cries that he couldn't breathe. His death, captured on citizen video, sparked days of protests in Minneapolis that have spread to cities around America.\u003c/p>\n\u003cp>\"We need to know George Floyd's name. But it's clear Facebook also has more work to do to keep people safe and ensure our systems don't amplify bias,\" Zuckerberg wrote. \u003c/p>\n\u003cp>Twitter has historically taken stronger stances than its larger rival, including a complete ban on political advertisements that the company announced last November.\u003c/p>\n\u003cp>That's partly because Facebook, a much larger company with a broader audience, targeted by regulators over its size and power, has more to lose. And partly because the companies' CEOs don't always see eye to eye on their role in society.\u003c/p>\n\u003cp>Over the weekend, Twitter changed the background and logo of its main Twitter account to black from its usual blue in support of the Black Lives Matter protesters and added a #blacklivesmatter hashtag. Facebook did the same with its own logo on its site, though without the hashtag. \u003c/p>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"Facebook employees are using Twitter to register their frustration over CEO Mark Zuckerberg's decision to leave up posts by President Trump that suggested protesters in Minneapolis could be shot.","status":"publish","parent":0,"modified":1591044639,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":22,"wordCount":723},"headData":{"title":"Facebook Workers Speak Out Against Company Over Trump, Stage 'Virtual Walkout' | KQED","description":"Employees are using Twitter to register their frustration over CEO Mark Zuckerberg's decision to leave up posts by President Trump that suggested protesters in Minneapolis could be shot.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11822178 https://ww2.kqed.org/news/?p=11822178","disqusUrl":"https://ww2.kqed.org/news/2020/06/01/facebook-workers-speak-out-against-company-over-trump-stage-virtual-walkout/","disqusTitle":"Facebook Workers Speak Out Against Company Over Trump, Stage 'Virtual Walkout'","nprByline":"Barbara Ortutay\u003cbr>The Associated Press","path":"/news/11822178/facebook-workers-speak-out-against-company-over-trump-stage-virtual-walkout","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Facebook employees are using Twitter to register their frustration over CEO Mark Zuckerberg's decision to leave up posts by President Trump that suggested protesters in Minneapolis could be shot.\u003c/p>\n\u003cp>While Twitter \u003ca href=\"https://www.kqed.org/news/11821641/twitter-hides-trumps-tweet-about-minneapolis-saying-it-glorifies-violence\">demoted and placed a warning\u003c/a> on a tweet about the protests that read, in part, that \"when the looting starts the shooting starts,\" Facebook has let it stand, with Zuckerberg laying out his reasoning in a Facebook \u003ca href=\"https://www.facebook.com/zuck/posts/10111961824369871\">post\u003c/a> Friday. \u003c/p>\n\u003cp>\"I know many people are upset that we've left the President's posts up, but our position is that we should enable as much expression as possible unless it will cause imminent risk of specific harms or dangers spelled out in clear policies,\" Zuckerberg wrote. \u003c/p>\n\u003cp>Trump's comment evoked the civil-rights era by borrowing a phrase used in 1967 by Miami's police chief to warn of an aggressive police response to unrest in black neighborhoods.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>On Monday, Facebook employees staged a virtual \"walkout\" to protest the company's decision not to touch the Trump posts, according to a \u003ca href=\"https://www.nytimes.com/2020/06/01/technology/facebook-employee-protest-trump.html\">report in the New York Times\u003c/a>, which cited anonymous senior employees at Facebook. The Times report says \"dozens\" of Facebook workers \"took the day off by logging into Facebook's systems and requesting time off to support protesters across the country.\"\u003c/p>\n\u003cp>\"I work at Facebook and I am not proud of how we're showing up. The majority of coworkers I've spoken to feel the same way. We are making our voice heard,\" tweeted Jason Toff, a director of product management at Facebook who's been at the company for a year. \u003c/p>\n\u003cp>Toff, who has a verified Twitter account, had 131,400 \"likes\" and thousands of retweets of his comment. He did not immediately respond to a message seeking comment on Monday. \u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1267318891203530752"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\"I don't know what to do, but I know doing nothing is not acceptable. I'm a FB employee that completely disagrees with Mark's decision to do nothing about Trump's recent posts, which clearly incite violence. I'm not alone inside of FB. There isn't a neutral position on racism,\" tweeted another employee, design manager Jason Stirman. \u003c/p>\n\u003cp>Stirman did not immediately respond to a request for comment on Monday. \u003c/p>\n\u003cp>Sara Zhang, a product designer at the company, tweeted that Facebook's \"decision to not act on posts that incite violence ignores other options to keep our community safe. The policy pigeon holes us into addressing harmful user-facing content in two ways: keep content up or take it down.\"\u003c/p>\n\u003cp>\"I believe that this is a self-imposed constraint and implore leadership to revisit the solution,\" she continued.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1267488277797322752"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Zhang declined to comment to The Associated Press. \u003c/p>\n\u003cp>Representatives for Facebook did not immediately respond to multiple requests for comment Monday. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","tag":"george-floyd"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Late Sunday, Zuckerberg again posted on Facebook, pledging a $10 million donation to racial justice groups. But he made no mention of Trump's posts. Instead, he highlighted Facebook's role in the spreading of the video of George Floyd's death. \u003c/p>\n\u003cp>Floyd, a black man who was in handcuffs at the time, died after a white police officer ignored bystander shouts to get off him and Floyd's cries that he couldn't breathe. His death, captured on citizen video, sparked days of protests in Minneapolis that have spread to cities around America.\u003c/p>\n\u003cp>\"We need to know George Floyd's name. But it's clear Facebook also has more work to do to keep people safe and ensure our systems don't amplify bias,\" Zuckerberg wrote. \u003c/p>\n\u003cp>Twitter has historically taken stronger stances than its larger rival, including a complete ban on political advertisements that the company announced last November.\u003c/p>\n\u003cp>That's partly because Facebook, a much larger company with a broader audience, targeted by regulators over its size and power, has more to lose. And partly because the companies' CEOs don't always see eye to eye on their role in society.\u003c/p>\n\u003cp>Over the weekend, Twitter changed the background and logo of its main Twitter account to black from its usual blue in support of the Black Lives Matter protesters and added a #blacklivesmatter hashtag. Facebook did the same with its own logo on its site, though without the hashtag. \u003c/p>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11822178/facebook-workers-speak-out-against-company-over-trump-stage-virtual-walkout","authors":["byline_news_11822178"],"categories":["news_8","news_13","news_248"],"tags":["news_1323","news_249","news_23960","news_28031","news_18046","news_17968","news_346"],"featImg":"news_11822188","label":"news"},"news_11821641":{"type":"posts","id":"news_11821641","meta":{"index":"posts_1591205157","site":"news","id":"11821641","score":null,"sort":[1590772699000]},"guestAuthors":[],"slug":"twitter-hides-trumps-tweet-about-minneapolis-saying-it-glorifies-violence","title":"Twitter Hides Trump's Tweet About Minneapolis, Saying It Glorifies Violence","publishDate":1590772699,"format":"standard","headTitle":"KQED News","labelTerm":{},"content":"\u003cp>Twitter has placed a warning on a tweet from President Trump in which the president blamed unrest in Minneapolis on \"thugs\" and said \"when the looting starts, the shooting starts.\" \u003c/p>\n\u003cp>Twitter said Trump's post violates its policy about \"glorifying violence.\"\u003c/p>\n\u003cp>Trump's message on Twitter came during a night of protests and looting in Minneapolis following the death of George Floyd, a black man, after he was pinned to the ground for several minutes by a white police officer. \u003c/p>\n\u003cp>Trump said he would \"send in the National Guard\" to restore order.\u003c/p>\n\u003cp>\"I can't stand back & watch this happen to a great American City, Minneapolis,\" Trump said early Friday. \"A total lack of leadership. Either the very weak Radical Left Mayor, Jacob Frey, get his act together and bring the City under control, or I will send in the National Guard & get the job done right.\"\u003c/p>\n\u003cp>He added: \"These THUGS are dishonoring the memory of George Floyd, and I won't let that happen. Just spoke to Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts. Thank you!\"\u003c/p>\n\u003cp>https://twitter.com/realDonaldTrump/status/1266231100780744704?s=20\u003c/p>\n\u003cp>Twitter hid the second of those messages with a warning but added that it \"has determined that it may be in the public's interest for the Tweet to remain accessible.\" \u003c/p>\n\u003cp>The official White House Twitter account retweeted the language from the president's hidden post. Twitter placed a warning message on that post, as well.\u003c/p>\n\u003cp>https://twitter.com/TwitterComms/status/1266267446979129345?s=20\u003c/p>\n\u003cp>Trump responded Friday, saying Twitter was doing \"nothing about all of the lies & propaganda being put out by China or the Radical Left Democrat Party.\" \u003c/p>\n\u003cp>https://twitter.com/realDonaldTrump/status/1266326065833824257?s=20\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Dan Scavino, a top White House aide who helps manage Trump's Twitter account, lashed out against the social media company using an expletive.\u003c/p>\n\u003cp>\"Twitter is targeting the president of the United States 24/7, while turning their heads to protest organizers who are planning, plotting, and communicating their next moves daily on this very platform,\" Scavino tweeted. \"Twitter is full of [s***] — more and more people are beginning to get it.\"\u003c/p>\n\u003cp>The president's tweets about the situation in Minneapolis and Twitter's response to it bring to a head two major stories that have dominated the news this week. \u003c/p>\n\u003cp>[aside label=\"Related Coverage\" link1=\"https://www.npr.org/2020/05/29/864732088/minneapolis-seethes-over-george-floyds-death-as-trump-calls-protesters-thugs,Minneapolis Seethes Over George Floyd's Death as Trump Calls Protesters 'THUGS'\" hero=\"https://media.npr.org/assets/img/2020/05/29/gettyimages-1215995069-e1d38d1fac6c62dd6a57a9cd26485bac165d5edb-s1600-c85.jpg\"]\u003c/p>\n\u003cp>In the first, a white officer appears to shove Floyd's face into the pavement with his knee for at least seven minutes on Monday evening. Several minutes into the video, Floyd's pleas for help go quiet. Floyd was reported dead later that night. The Minneapolis Police Department swiftly fired the four police officers shown in \u003ca href=\"https://www.facebook.com/darnellareallprettymarie/videos/1425398217661280/\">the disturbing video\u003c/a>. The U.S. Justice Department said it has made the investigation into Floyd's death \"a top priority.\" But protesters weren't placated. The 3rd Precinct police building in Minneapolis was set on fire Thursday night. Gov. Tim Walz signed an executive \u003ca href=\"https://mn.gov/governor/assets/EO%2020-64%20Final_tcm1055-433855.pdf\">order \u003c/a>activating the Minnesota National Guard to help restore peace.\u003c/p>\n\u003cp>In the second story, Twitter fact-checked a tweet by Trump that said mail-in voting leads to fraud, prompting the president to sign an \u003ca href=\"https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/\">executive order\u003c/a> Thursday aimed at limiting the broad legal protections enjoyed by social media companies. But legal experts said they doubt the move would have any practical effect on the tech giants. \u003c/p>\n\u003cp>Prior to this week, Twitter had not fact-checked the president, nor hidden any of his messages on the platform. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Twitter+Hides+Trump%27s+Tweet+About+Minneapolis%2C+Saying+It+Glorifies+Violence&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n","blocks":[],"excerpt":"The president was responding to violent protests days after the killing of a black man. He said he will send in the National Guard, adding: 'When the looting starts, the shooting starts.'","status":"publish","parent":0,"modified":1590789721,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":18,"wordCount":662},"headData":{"title":"Twitter Hides Trump's Tweet About Minneapolis, Saying It Glorifies Violence | KQED","description":"The president was responding to violent protests days after the killing of a black man. He said he will send in the National Guard, adding: 'When the looting starts, the shooting starts.'","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11821641 https://ww2.kqed.org/news/?p=11821641","disqusUrl":"https://ww2.kqed.org/news/2020/05/29/twitter-hides-trumps-tweet-about-minneapolis-saying-it-glorifies-violence/","disqusTitle":"Twitter Hides Trump's Tweet About Minneapolis, Saying It Glorifies Violence","source":"NPR","sourceUrl":"https://www.npr.org/","nprImageCredit":"Evan Vucci","nprByline":"Ayesha Rascoe","nprImageAgency":"AP","nprStoryId":"864722348","nprApiLink":"http://api.npr.org/query?id=864722348&apiKey=MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004","nprHtmlLink":"https://www.npr.org/2020/05/29/864722348/twitter-hides-trumps-tweet-on-minneapolis-saying-it-glorifies-violence?ft=nprml&f=864722348","nprRetrievedStory":"1","nprPubDate":"Fri, 29 May 2020 12:17:00 -0400","nprStoryDate":"Fri, 29 May 2020 07:33:03 -0400","nprLastModifiedDate":"Fri, 29 May 2020 12:17:48 -0400","path":"/news/11821641/twitter-hides-trumps-tweet-about-minneapolis-saying-it-glorifies-violence","audioTrackLength":null,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>Twitter has placed a warning on a tweet from President Trump in which the president blamed unrest in Minneapolis on \"thugs\" and said \"when the looting starts, the shooting starts.\" \u003c/p>\n\u003cp>Twitter said Trump's post violates its policy about \"glorifying violence.\"\u003c/p>\n\u003cp>Trump's message on Twitter came during a night of protests and looting in Minneapolis following the death of George Floyd, a black man, after he was pinned to the ground for several minutes by a white police officer. \u003c/p>\n\u003cp>Trump said he would \"send in the National Guard\" to restore order.\u003c/p>\n\u003cp>\"I can't stand back & watch this happen to a great American City, Minneapolis,\" Trump said early Friday. \"A total lack of leadership. Either the very weak Radical Left Mayor, Jacob Frey, get his act together and bring the City under control, or I will send in the National Guard & get the job done right.\"\u003c/p>\n\u003cp>He added: \"These THUGS are dishonoring the memory of George Floyd, and I won't let that happen. Just spoke to Governor Tim Walz and told him that the Military is with him all the way. Any difficulty and we will assume control but, when the looting starts, the shooting starts. Thank you!\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1266231100780744704"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Twitter hid the second of those messages with a warning but added that it \"has determined that it may be in the public's interest for the Tweet to remain accessible.\" \u003c/p>\n\u003cp>The official White House Twitter account retweeted the language from the president's hidden post. Twitter placed a warning message on that post, as well.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1266267446979129345"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Trump responded Friday, saying Twitter was doing \"nothing about all of the lies & propaganda being put out by China or the Radical Left Democrat Party.\" \u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1266326065833824257"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Dan Scavino, a top White House aide who helps manage Trump's Twitter account, lashed out against the social media company using an expletive.\u003c/p>\n\u003cp>\"Twitter is targeting the president of the United States 24/7, while turning their heads to protest organizers who are planning, plotting, and communicating their next moves daily on this very platform,\" Scavino tweeted. \"Twitter is full of [s***] — more and more people are beginning to get it.\"\u003c/p>\n\u003cp>The president's tweets about the situation in Minneapolis and Twitter's response to it bring to a head two major stories that have dominated the news this week. \u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"Related Coverage ","link1":"https://www.npr.org/2020/05/29/864732088/minneapolis-seethes-over-george-floyds-death-as-trump-calls-protesters-thugs,Minneapolis Seethes Over George Floyd's Death as Trump Calls Protesters 'THUGS'","hero":"https://media.npr.org/assets/img/2020/05/29/gettyimages-1215995069-e1d38d1fac6c62dd6a57a9cd26485bac165d5edb-s1600-c85.jpg"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In the first, a white officer appears to shove Floyd's face into the pavement with his knee for at least seven minutes on Monday evening. Several minutes into the video, Floyd's pleas for help go quiet. Floyd was reported dead later that night. The Minneapolis Police Department swiftly fired the four police officers shown in \u003ca href=\"https://www.facebook.com/darnellareallprettymarie/videos/1425398217661280/\">the disturbing video\u003c/a>. The U.S. Justice Department said it has made the investigation into Floyd's death \"a top priority.\" But protesters weren't placated. The 3rd Precinct police building in Minneapolis was set on fire Thursday night. Gov. Tim Walz signed an executive \u003ca href=\"https://mn.gov/governor/assets/EO%2020-64%20Final_tcm1055-433855.pdf\">order \u003c/a>activating the Minnesota National Guard to help restore peace.\u003c/p>\n\u003cp>In the second story, Twitter fact-checked a tweet by Trump that said mail-in voting leads to fraud, prompting the president to sign an \u003ca href=\"https://www.whitehouse.gov/presidential-actions/executive-order-preventing-online-censorship/\">executive order\u003c/a> Thursday aimed at limiting the broad legal protections enjoyed by social media companies. But legal experts said they doubt the move would have any practical effect on the tech giants. \u003c/p>\n\u003cp>Prior to this week, Twitter had not fact-checked the president, nor hidden any of his messages on the platform. \u003c/p>\n\u003cdiv class=\"fullattribution\">Copyright 2020 NPR. To see more, visit \u003ca href=\"https://www.npr.org\">NPR.org\u003c/a>.\u003cimg src=\"https://www.google-analytics.com/__utm.gif?utmac=UA-5828686-4&utmdt=Twitter+Hides+Trump%27s+Tweet+About+Minneapolis%2C+Saying+It+Glorifies+Violence&utme=8(APIKey)9(MDAxOTAwOTE4MDEyMTkxMDAzNjczZDljZA004)\">\u003c/div>\n\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11821641/twitter-hides-trumps-tweet-about-minneapolis-saying-it-glorifies-violence","authors":["byline_news_11821641"],"categories":["news_6188","news_8","news_248"],"tags":["news_1323","news_23960","news_28031","news_346","news_18029"],"featImg":"news_11821642","label":"source_news_11821641"},"news_11787618":{"type":"posts","id":"news_11787618","meta":{"index":"posts_1591205157","site":"news","id":"11787618","score":null,"sort":[1574322901000]},"guestAuthors":[],"slug":"uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event","title":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested","publishDate":1574322901,"format":"standard","headTitle":"KQED News","labelTerm":{"site":"news"},"content":"\u003cp>\u003cem>Updated 1:25 a.m. Thursday\u003c/em>\u003c/p>\n\u003cp>UC Berkeley Police confirmed six arrests and one injury outside conservative firebrand Ann Coulter’s speaking engagement on campus Wednesday night.\u003c/p>\n\u003cp>Police in riot gear barricaded the entrance to the venue as thousands of people gathered outside Wheeler Hall. Some protesters tried to block attendees from entering by linking arms and forming a human chain.\u003c/p>\n\u003cp>More than two years after her first scheduled appearance on campus was \u003ca href=\"https://www.kqed.org/news/11416982/safety-concerns-prompt-uc-berkeley-to-cancel-talk-by-ann-coulter\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled\u003c/a>, Coulter spoke Wednesday about what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\n\u003cp>https://twitter.com/MichelleEWiley/status/1197358814049103872\u003c/p>\n\u003cp>“When they decided to have her come speak, instead of creating a safe space for LatinX people like me, [UC Berkeley Chancellor] Carol Christ sent a message to us saying that if we feel unsafe, we shouldn’t be on campus,” said second-year student Erika Gutierrez. “So what’s the point of me paying tuition to come here if I don’t feel safe on my own campus?”\u003c/p>\n\u003cfigure id=\"attachment_11787838\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787838\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg\" alt=\"\" width=\"1920\" height=\"1399\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-160x117.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-800x583.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1020x743.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1200x874.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Police lined the outside of Wheeler Hall as students and other members of the public protested Ann Coulter speaking at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Berkeley officials said approximately 400 people attended the event.\u003c/p>\n\u003cp>\"I understand that many people feel very strongly about hate speech that's connected with Ann Coulter ... but I want to hear for myself what she has to say,\" said Michael Wang, a student who bought a ticket for the event, but identifies as a Democrat.\u003c/p>\n\u003cfigure id=\"attachment_11787837\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787837\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Groups of students and other members of the public came to protest Ann Coulter speaking at Wheeler Hall at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Video on social media showed a protester inside the event being escorted out by police.\u003c/p>\n\u003cp>https://twitter.com/joenewsman/status/1197385709536940032\u003cbr>\n\u003cem>Original post, last updated 6:04 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Here we go again.\u003c/p>\n\u003cp>Conservative firebrand Ann Coulter is expected to speak at UC Berkeley on Wednesday evening, more than two years after her first scheduled speaking engagement on campus was abruptly cancelled.\u003c/p>\n\u003cp>Coulter, a right-wing syndicated columnist known for her hardline views on U.S. immigration and border security, plans to address what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\n\u003cp>The far-right provocateur has long advocated for a dramatic reduction in the number of immigrants allowed to enter the U.S., often blaming America’s woes on refugees and other groups of newcomers from poor nations.\u003c/p>\n\u003cp>The event, at 9 p.m. at Wheeler Hall, is likely to draw scores of protesters to the famously liberal campus, spurring the university to deploy what it says will be a significant security operation in an effort to thwart violent clashes and vandalism.\u003c/p>\n\u003cp>\"We believe [Coulter] has been extremely impactful on shaping the Republican Party's position on immigration,\" said Rudra Reddy, vice president of the Berkeley College Republicans, the student group hosting the event. And while not every member of his group agrees with all of Coulter's positions, he added, she is someone who \"should be listened to\" given the current national political context.\u003c/p>\n\u003cp>https://twitter.com/berkeleyantifa/status/1196168559539310592?s=21\u003c/p>\n\u003cp>Coulter was initially scheduled to speak on campus in April 2017, but later \u003ca href=\"https://www.kqed.org/news/11427970/reports-controversial-coulter-speech-at-uc-berkeley-cancelled\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled her appearance\u003c/a> after school administrators called off the event, citing safety concerns, and then offered an alternative date the following month.\u003c/p>\n\u003cp>[aside label=\"related coverage\" tag=\"ann-coulter\"]\"It’s sickening when a radical thuggish institution like Berkeley can so easily snuff out the cherished American right to free speech,\" Coulter said afterwards on Twitter. \"I’m very sad about Berkeley's cancellation (sic), but my sadness is greater than that. It is a dark day for free speech in America.\"\u003c/p>\n\u003cp>At the time, university police said they had received specific, credible threats related to Coulter's planned appearance. The cancellation of the event came after a series of violent clashes between far-right and far-left protesters, including a riot on campus before a scheduled Feb. 1 talk by right-wing provocateur Milo Yiannopoulos.\u003c/p>\n\u003cp>The university said it spent roughly $800,000 on security in preparation for the Coulter event, even though it never actually happened.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The Berkeley College Republicans, along with the Tennessee-based Young America's Foundation, a conservative group, later \u003ca href=\"https://www.reuters.com/article/us-california-lawsuit-ucberkeley/uc-berkeley-settles-lawsuit-over-treatment-of-conservative-speakers-idUSKBN1O22K4\" target=\"_blank\" rel=\"noopener noreferrer\">filed suit against UC Berkeley\u003c/a> in federal court in San Francisco, accusing the school of violating the First Amendment by discriminating against speakers with conservative views.\u003c/p>\n\u003cp>In a Dec. 2018 settlement with both groups, Cal agreed to modify its procedures for handling \"major events\" and to no longer charge \"security\" fees for certain activities, including lectures and speeches. The university also paid $70,000 to cover the groups' legal costs.\u003c/p>\n\u003cp>\"We just hope that Ms. Coulter is able to speak, unlike what happened two years ago,\" Reddy said. He said the Berkeley College Republicans worked closely with campus police and Cal Performances in preparation for this event. All attendees will be required to pass through metal detectors and will only be allowed to take certain items inside, he said. Police also plan to set up barricades outside the event.\u003c/p>\n\u003cp>\"We believe these policies will help the event go smoother than some others in the past,” Reddy added, noting that his group has already received some threats. \"A disruption would be very unfavorable to our interests.\"\u003c/p>\n\u003cp>A number of leftist groups, comprised of both students and off-campus activists, remain hell-bent on shutting the event down.\u003c/p>\n\u003cp>\"We're calling on people from all around the Bay Area to come to Berkeley tomorrow to shut down Ann Coulter and the College Republicans speaking event,\" said Hoku Jeffrey, an organizer for the group By Any Means Necessary.\u003c/p>\n\u003cp>\"The Coulter event is simply an invitation for white supremacist violence to happen on the Berkeley campus and in the surrounding community, and we don't we don't accept that at all.\"\u003c/p>\n\u003cp>https://twitter.com/berkeleycrs/status/1195147703094665216?s=21\u003c/p>\n\u003cp>The school is much better prepared to accommodate controversial events like this than it used to be, said UC Berkeley spokesman Dan Mogulof, noting that more than 15 high-profile conservative speakers have come to campus over the last two years, without major disruption or incident.\u003c/p>\n\u003cp>\"That's largely because student organizations are now following to the letter and the spirit of the campus event policy,\" including extensive security assessments before each event, he said.\u003c/p>\n\u003cp>\"We have two priorities, two commitments, and we have an unwavering commitment to both,\" he added. “One is to support the First Amendment rights of our students regardless of their perspectives. And two is to provide for the safety and security of the members of the campus community, our guests and the public at large.\"\u003c/p>\n\u003cp>Nonetheless, the administration is not taking anything for granted, Mogulof added.\u003c/p>\n\u003cp>\"We're not complacent. You know, we do believe that we have the necessary preparations in place. But you never know. And so, we'll see what happens.\"\u003c/p>\n\u003cp>Mogulof declined to comment on how much UC Berkeley planned to spend on security for the Coulter event, or on how many officers would be deployed.\u003c/p>\n\u003cp>\u003cem>KQED’s Peter Jon Shuler contributed reporting to this article.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n","blocks":[],"excerpt":"Thousands of people gathered outside as the conservative firebrand spoke at Wheeler Hall, according to Berkeley officials.","status":"publish","parent":0,"modified":1574365182,"stats":{"hasAudio":false,"hasVideo":false,"hasChartOrMap":false,"iframeSrcs":[],"hasGoogleForm":false,"hasGallery":false,"hasHearkenModule":false,"hasPolis":false,"paragraphCount":34,"wordCount":1247},"headData":{"title":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested | KQED","description":"Thousands of people gathered outside as the conservative firebrand spoke at Wheeler Hall, according to Berkeley officials.","ogTitle":"","ogDescription":"","ogImgId":"","twTitle":"","twDescription":"","twImgId":""},"disqusIdentifier":"11787618 https://ww2.kqed.org/news/?p=11787618","disqusUrl":"https://ww2.kqed.org/news/2019/11/20/uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event/","disqusTitle":"Controversial Ann Coulter Speech at UC Berkeley Draws Protesters, Six Arrested","audioTrackLength":120,"path":"/news/11787618/uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event","audioUrl":"https://www.kqed.org/.stream/anon/radio/tcr/2019/11/WileyAnnCoulter.mp3","audioDuration":120000,"parsedContent":[{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>Updated 1:25 a.m. Thursday\u003c/em>\u003c/p>\n\u003cp>UC Berkeley Police confirmed six arrests and one injury outside conservative firebrand Ann Coulter’s speaking engagement on campus Wednesday night.\u003c/p>\n\u003cp>Police in riot gear barricaded the entrance to the venue as thousands of people gathered outside Wheeler Hall. Some protesters tried to block attendees from entering by linking arms and forming a human chain.\u003c/p>\n\u003cp>More than two years after her first scheduled appearance on campus was \u003ca href=\"https://www.kqed.org/news/11416982/safety-concerns-prompt-uc-berkeley-to-cancel-talk-by-ann-coulter\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled\u003c/a>, Coulter spoke Wednesday about what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1197358814049103872"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>“When they decided to have her come speak, instead of creating a safe space for LatinX people like me, [UC Berkeley Chancellor] Carol Christ sent a message to us saying that if we feel unsafe, we shouldn’t be on campus,” said second-year student Erika Gutierrez. “So what’s the point of me paying tuition to come here if I don’t feel safe on my own campus?”\u003c/p>\n\u003cfigure id=\"attachment_11787838\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787838\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg\" alt=\"\" width=\"1920\" height=\"1399\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-160x117.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-800x583.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1020x743.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_020-1200x874.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Police lined the outside of Wheeler Hall as students and other members of the public protested Ann Coulter speaking at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Berkeley officials said approximately 400 people attended the event.\u003c/p>\n\u003cp>\"I understand that many people feel very strongly about hate speech that's connected with Ann Coulter ... but I want to hear for myself what she has to say,\" said Michael Wang, a student who bought a ticket for the event, but identifies as a Democrat.\u003c/p>\n\u003cfigure id=\"attachment_11787837\" class=\"wp-caption alignnone\" style=\"max-width: 1920px\">\u003cimg class=\"size-full wp-image-11787837\" src=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg\" alt=\"\" width=\"1920\" height=\"1280\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016.jpg 1920w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-160x107.jpg 160w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-800x533.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1020x680.jpg 1020w, https://ww2.kqed.org/app/uploads/sites/10/2019/11/ANNCOULTERPROTEST_016-1200x800.jpg 1200w\" sizes=\"(max-width: 1920px) 100vw, 1920px\">\u003cfigcaption class=\"wp-caption-text\">Groups of students and other members of the public came to protest Ann Coulter speaking at Wheeler Hall at UC Berkeley on Wednesday Nov. 20, 2019. \u003ccite>(Lindsey Moore/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Video on social media showed a protester inside the event being escorted out by police.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1197385709536940032"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003cbr>\n\u003cem>Original post, last updated 6:04 p.m. Wednesday\u003c/em>\u003c/p>\n\u003cp>Here we go again.\u003c/p>\n\u003cp>Conservative firebrand Ann Coulter is expected to speak at UC Berkeley on Wednesday evening, more than two years after her first scheduled speaking engagement on campus was abruptly cancelled.\u003c/p>\n\u003cp>Coulter, a right-wing syndicated columnist known for her hardline views on U.S. immigration and border security, plans to address what she considers the danger of mass immigration as part of \"Adios, America,\" a talk titled after her 2015 book of the same name.\u003c/p>\n\u003cp>The far-right provocateur has long advocated for a dramatic reduction in the number of immigrants allowed to enter the U.S., often blaming America’s woes on refugees and other groups of newcomers from poor nations.\u003c/p>\n\u003cp>The event, at 9 p.m. at Wheeler Hall, is likely to draw scores of protesters to the famously liberal campus, spurring the university to deploy what it says will be a significant security operation in an effort to thwart violent clashes and vandalism.\u003c/p>\n\u003cp>\"We believe [Coulter] has been extremely impactful on shaping the Republican Party's position on immigration,\" said Rudra Reddy, vice president of the Berkeley College Republicans, the student group hosting the event. And while not every member of his group agrees with all of Coulter's positions, he added, she is someone who \"should be listened to\" given the current national political context.\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1196168559539310592"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Coulter was initially scheduled to speak on campus in April 2017, but later \u003ca href=\"https://www.kqed.org/news/11427970/reports-controversial-coulter-speech-at-uc-berkeley-cancelled\" target=\"_blank\" rel=\"noopener noreferrer\">abruptly cancelled her appearance\u003c/a> after school administrators called off the event, citing safety concerns, and then offered an alternative date the following month.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"aside","attributes":{"named":{"label":"related coverage ","tag":"ann-coulter"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\"It’s sickening when a radical thuggish institution like Berkeley can so easily snuff out the cherished American right to free speech,\" Coulter said afterwards on Twitter. \"I’m very sad about Berkeley's cancellation (sic), but my sadness is greater than that. It is a dark day for free speech in America.\"\u003c/p>\n\u003cp>At the time, university police said they had received specific, credible threats related to Coulter's planned appearance. The cancellation of the event came after a series of violent clashes between far-right and far-left protesters, including a riot on campus before a scheduled Feb. 1 talk by right-wing provocateur Milo Yiannopoulos.\u003c/p>\n\u003cp>The university said it spent roughly $800,000 on security in preparation for the Coulter event, even though it never actually happened.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"fullwidth"},"numeric":["fullwidth"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The Berkeley College Republicans, along with the Tennessee-based Young America's Foundation, a conservative group, later \u003ca href=\"https://www.reuters.com/article/us-california-lawsuit-ucberkeley/uc-berkeley-settles-lawsuit-over-treatment-of-conservative-speakers-idUSKBN1O22K4\" target=\"_blank\" rel=\"noopener noreferrer\">filed suit against UC Berkeley\u003c/a> in federal court in San Francisco, accusing the school of violating the First Amendment by discriminating against speakers with conservative views.\u003c/p>\n\u003cp>In a Dec. 2018 settlement with both groups, Cal agreed to modify its procedures for handling \"major events\" and to no longer charge \"security\" fees for certain activities, including lectures and speeches. The university also paid $70,000 to cover the groups' legal costs.\u003c/p>\n\u003cp>\"We just hope that Ms. Coulter is able to speak, unlike what happened two years ago,\" Reddy said. He said the Berkeley College Republicans worked closely with campus police and Cal Performances in preparation for this event. All attendees will be required to pass through metal detectors and will only be allowed to take certain items inside, he said. Police also plan to set up barricades outside the event.\u003c/p>\n\u003cp>\"We believe these policies will help the event go smoother than some others in the past,” Reddy added, noting that his group has already received some threats. \"A disruption would be very unfavorable to our interests.\"\u003c/p>\n\u003cp>A number of leftist groups, comprised of both students and off-campus activists, remain hell-bent on shutting the event down.\u003c/p>\n\u003cp>\"We're calling on people from all around the Bay Area to come to Berkeley tomorrow to shut down Ann Coulter and the College Republicans speaking event,\" said Hoku Jeffrey, an organizer for the group By Any Means Necessary.\u003c/p>\n\u003cp>\"The Coulter event is simply an invitation for white supremacist violence to happen on the Berkeley campus and in the surrounding community, and we don't we don't accept that at all.\"\u003c/p>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"singleTwitterStatus","attributes":{"named":{"id":"1195147703094665216"},"numeric":[]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>The school is much better prepared to accommodate controversial events like this than it used to be, said UC Berkeley spokesman Dan Mogulof, noting that more than 15 high-profile conservative speakers have come to campus over the last two years, without major disruption or incident.\u003c/p>\n\u003cp>\"That's largely because student organizations are now following to the letter and the spirit of the campus event policy,\" including extensive security assessments before each event, he said.\u003c/p>\n\u003cp>\"We have two priorities, two commitments, and we have an unwavering commitment to both,\" he added. “One is to support the First Amendment rights of our students regardless of their perspectives. And two is to provide for the safety and security of the members of the campus community, our guests and the public at large.\"\u003c/p>\n\u003cp>Nonetheless, the administration is not taking anything for granted, Mogulof added.\u003c/p>\n\u003cp>\"We're not complacent. You know, we do believe that we have the necessary preparations in place. But you never know. And so, we'll see what happens.\"\u003c/p>\n\u003cp>Mogulof declined to comment on how much UC Berkeley planned to spend on security for the Coulter event, or on how many officers would be deployed.\u003c/p>\n\u003cp>\u003cem>KQED’s Peter Jon Shuler contributed reporting to this article.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>","attributes":{"named":{},"numeric":[]}},{"type":"component","content":"","name":"ad","attributes":{"named":{"label":"floatright"},"numeric":["floatright"]}},{"type":"contentString","content":"\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003c/div>\u003c/p>","attributes":{"named":{},"numeric":[]}}],"link":"/news/11787618/uc-berkeley-braces-for-tonights-controversial-ann-coulter-speaking-event","authors":["1263","11367","11526"],"categories":["news_18540","news_8","news_13"],"tags":["news_20817","news_21450","news_20848","news_23960","news_18797","news_17597"],"featImg":"news_11787840","label":"news"}},"programsReducer":{"possible":{"id":"possible","title":"Possible","info":"Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. 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Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.","airtime":"SUN 2pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2023/08/possible-5gxfizEbKOJ-pbF5ASgxrs_.1400x1400.jpg","officialWebsiteLink":"https://www.possible.fm/","meta":{"site":"news","source":"Possible"},"link":"/radio/program/possible","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/possible/id1677184070","spotify":"https://open.spotify.com/show/730YpdUSNlMyPQwNnyjp4k"}},"1a":{"id":"1a","title":"1A","info":"1A is home to the national conversation. 1A brings on great guests and frames the best debate in ways that make you think, share and engage.","airtime":"MON-THU 11pm-12am","imageSrc":"https://ww2.kqed.org/radio/wp-content/uploads/sites/50/2018/04/1a.jpg","officialWebsiteLink":"https://the1a.org/","meta":{"site":"news","source":"npr"},"link":"/radio/program/1a","subscribe":{"npr":"https://rpb3r.app.goo.gl/RBrW","apple":"https://itunes.apple.com/WebObjects/MZStore.woa/wa/viewPodcast?s=143441&mt=2&id=1188724250&at=11l79Y&ct=nprdirectory","tuneIn":"https://tunein.com/radio/1A-p947376/","rss":"https://feeds.npr.org/510316/podcast.xml"}},"all-things-considered":{"id":"all-things-considered","title":"All Things Considered","info":"Every weekday, \u003cem>All Things Considered\u003c/em> hosts Robert Siegel, Audie Cornish, Ari Shapiro, and Kelly McEvers present the program's trademark mix of news, interviews, commentaries, reviews, and offbeat features. 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And you join us on the journey to find the answers.","imageSrc":"https://ww2.kqed.org/news/wp-content/uploads/sites/10/powerpress/1440_0017_BayCurious_iTunesTile_01.jpg","imageAlt":"\"KQED Bay Curious","officialWebsiteLink":"/news/series/baycurious","meta":{"site":"news","source":"kqed","order":"4"},"link":"/podcasts/baycurious","subscribe":{"apple":"https://podcasts.apple.com/us/podcast/bay-curious/id1172473406","npr":"https://www.npr.org/podcasts/500557090/bay-curious","rss":"https://ww2.kqed.org/news/category/bay-curious-podcast/feed/podcast","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93dzIua3FlZC5vcmcvbmV3cy9jYXRlZ29yeS9iYXktY3VyaW91cy1wb2RjYXN0L2ZlZWQvcG9kY2FzdA","stitcher":"https://www.stitcher.com/podcast/kqed/bay-curious","spotify":"https://open.spotify.com/show/6O76IdmhixfijmhTZLIJ8k"}},"bbc-world-service":{"id":"bbc-world-service","title":"BBC World Service","info":"The day's top stories from BBC News compiled twice daily in the week, once at weekends.","airtime":"MON-FRI 9pm-10pm, TUE-FRI 1am-2am","imageSrc":"https://ww2.kqed.org/app/uploads/2021/10/BBC_1400.jpg","officialWebsiteLink":"https://www.bbc.co.uk/sounds/play/live:bbc_world_service","meta":{"site":"news","source":"BBC World Service"},"link":"/radio/program/bbc-world-service","subscribe":{"apple":"https://itunes.apple.com/us/podcast/global-news-podcast/id135067274?mt=2","tuneIn":"https://tunein.com/radio/BBC-World-Service-p455581/","rss":"https://podcasts.files.bbci.co.uk/p02nq0gn.rss"}},"code-switch-life-kit":{"id":"code-switch-life-kit","title":"Code Switch / Life Kit","info":"\u003cem>Code Switch\u003c/em>, which listeners will hear in the first part of the hour, has fearless and much-needed conversations about race. 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Because everyone needs a little help being human.\u003cbr />\u003cbr />\u003ca href=\"https://www.npr.org/podcasts/510312/codeswitch\">\u003cem>Code Switch\u003c/em> offical site and podcast\u003c/a>\u003cbr />\u003ca href=\"https://www.npr.org/lifekit\">\u003cem>Life Kit\u003c/em> offical site and podcast\u003c/a>\u003cbr />","airtime":"SUN 9pm-10pm","imageSrc":"https://cdn.kqed.org/wp-content/uploads/2021/12/CodeSwitchLifeKit_StationGraphics_300x300EmailGraphic.png","meta":{"site":"radio","source":"npr"},"link":"/radio/program/code-switch-life-kit","subscribe":{"apple":"https://podcasts.apple.com/podcast/1112190608?mt=2&at=11l79Y&ct=nprdirectory","google":"https://podcasts.google.com/feed/aHR0cHM6Ly93d3cubnByLm9yZy9yc3MvcG9kY2FzdC5waHA_aWQ9NTEwMzEy","spotify":"https://open.spotify.com/show/3bExJ9JQpkwNhoHvaIIuyV","rss":"https://feeds.npr.org/510312/podcast.xml"}},"commonwealth-club":{"id":"commonwealth-club","title":"Commonwealth Club of California Podcast","info":"The Commonwealth Club of California is the nation's oldest and largest public affairs forum. 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