Analysis: Berkeley Anti-Israel Activist Claims First Amendment Right To Disrupt Dinner Event at Dean’s Home

Analysis: Berkeley Anti-Israel Activist Claims First Amendment Right To Disrupt Dinner Event at Dean’s Home

And Chemerinsky has confirmed it’s a private residence , which, as you can see, they were asked to leave repeatedly.Afaneh claimed the National Lawyers Guild told her she had a First Amendment right to the protest. An NLGissued after the protest appears to confirm this without elaborating on the rationale. The NLG statement also condemned the use of “physical force against the law student.”about the property rights dimension of protest.

“The First Amendment applies to school-sponsored or hosted events — but that does not mean any and all speech is allowed,” according to FIRE. Assuming facts most favorable to Afaneh and applying forum analysis, FIRE concluded she did not have a First Amendment right to protest at Chemerinsky’s home: California attorney Laura Powell speculated that Chemerinsky and Fisk might have felt threatened because of inflammatory postings about Chemerinsky and the dinner:

The original poster, shared on Instagram by the group Berkeley Law Students for Justice in Palestine, depicted Chemerinsky holding a bloody knife and fork. The groupChemerinsky called the poster “blatant antisemitism” for “invok the horrible antisemitic trope of blood libel and . . . attack me for no apparent reason other than I am Jewish.”

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