Heather MacDonald + Steve Simpson + Dave Rubin Ask: Are We Killing Free Speech?

Livestream available on Dave Rubin’s Youtube Channel begins at 8 pm PST

Berkeley, Calif. — On Thursday, March 8, Heather Mac Donald, Dave Rubin and Steve Simpson will appear at the Hearst Field Annex at UC Berkeley to discuss this critical question. Journalists are encouraged to attend. https://www.facebook.com/events/1763255417040811/

Instances of students using force to silence non-conformist speakers have become commonplace on college campuses. In the last year there have been numerous violent disruptions of speakers’ appearances at universities, including Middlebury, Claremont McKenna and UC Berkeley itself, effectively stifling the public voicing of alternative viewpoints.

“The free speech crisis on college campuses threatens the very possibility of a peaceful, civil society,” says American political commentator, essayist, attorney and journalist Heather Mac Donald, “But that crisis is an outgrowth of an even more dangerous problem: the cultivation of a victim mentality in an ever-growing number of individuals and identity-based groups.”

Steve Simpson, director of Legal Studies at the Ayn Rand Institute, emphasizes that “the purpose of the right to free speech is to protect our right to think for ourselves and to communicate with others, which are two of the pillars of a modern, free society.”

This event, hosted by Berkeley College Republicans and the Ayn Rand Institute will be a lightning rod for those intolerant of politically incorrect voices and promises to be controversial.

Ayn Rand once said that “a gun is not an argument.” “The reverse is also true—” wrote Simpson recently in The Hill, “an argument is not a gun. If we forget the difference, we will end up with guns settling our disputes, rather than arguments.”

Steve Simpson is a constitutional lawyer and director of Legal Studies at the Ayn Rand Institute. He is the editor of Defending Free Speech (ARI Press, 2016).

Heather Mac Donald is the Thomas W. Smith Fellow at the Manhattan Institute.

Dave Rubin is an American political commentator, satirist, and talk show host. He is the creator and host of the political talk show The Rubin Report.

About ARI

The Ayn Rand Institute is a 501(c)(3) nonprofit corporation that promotes the works and philosophy of Ayn Rand, author of Atlas Shrugged and The Fountainhead. The Institute fosters a growing awareness, understanding and acceptance of Ayn Rand’s philosophy, Objectivism, to create a culture whose guiding principles are reason, rational self-interest, individualism and laissez-faire capitalism—a culture in which individuals are free to pursue their own happiness.

Justice Department Files Statement of Interest in California College Free Speech Case

Photo: Ben Shapiro was one of the high-profile speakers hosted by YAF this year at UC Berkeley. The event prompted counter-protests, a high level of security, and offers of counseling for students who did not feel safe.
Department of Justice
Office of Public Affairs
Thursday, January 25, 2018

The Department of Justice filed a Statement of Interest in Young America’s Foundation and Berkeley College Republicans v. Janet Napolitano. The plaintiffs, Berkeley College Republicans (BCR) and Young America’s Foundation (YAF), allege that the University of California, Berkeley, enforced a double standard when applied to free speech. BCR alleges that UC Berkeley applied a more rigorous and highly discretionary set of rules to their organization compared to other campus groups, especially with respect to “high-profile” campus speakers.

The plaintiffs filed the lawsuit as a result of excessive hurdles BCR faced in bringing speakers of their choice onto campus. They allege that UC Berkeley’s High Profile Speaker Policy and Major Events Policy violated their rights under the First and Fourteenth Amendments.

In their lawsuit, the plaintiffs allege that Berkeley’s “High-Profile Speaker Policy” granted administrators unfettered discretion to decide which speakers are subject to arduous curfews, prohibitive security costs, or undesirable venues. In one instance, administrators—who had full discretion to determine who constituted a “high-profile speaker”—established a 3:00 pm “curfew” that conflicted with class times.

While the plaintiffs attempted to book speakers under the restrictions of the “High-Profile Speaker Policy,” a former president of Mexico and a former White House adviser were hosted at the University, but University administrators did not apply the High-Profile Speakers Policy to those events.

Berkeley counseling for impact speakers “have on individuals’ sense of safety & belonging”

In filing the Statement of Interest, Associate Attorney General Rachel Brand provided the following statement:

“This Department of Justice will not stand by idly while public universities violate students’ constitutional rights.”

In addition to the statement, Associate Attorney General today penned an op-ed(link is external) on the issue of campus free speech.

This is the third Statement of Interest filed by the Department of Justice in a First Amendment case under Attorney General Jeff Sessions. The first was filed on September 26, 2017 in Uzuegbunam v. Preczewski, and the second was filed on October 24, 2017 in Shaw v. Burke.

Attorney General Sessions reestablished the Department’s commitment to protecting First Amendment rights—especially campus free speech– in a speech at Georgetown Law School in 2017.