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.

Ben Shapiro at UCLA: Antifa & Antifascists as Fascists: Livestream and More

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SO WHAT EXACTLY IS BEN SHAPIRO DOING OR SAYING THAT IS CAUSING FOLKS TO SEEK MENTAL HEALTH TREATMENT?

Ben Shapiro is a conservative promoting traditional values. Shapiro advocates for capitalism, traditional marriage (man and woman), intact family units (two-parent households) and morality derived from religion (unless it’s Islam–more about that below).

Shapiro is a prolific author. His conservatism is reflected in some of his more popular titles:

Brainwashed: How Universities Indoctrinate America’s Youth (2004).

Porn Generation: How Social Liberalism Is Corrupting Our Future (2005).

Bullies: How the Left’s Culture of Fear and Intimidation Silences America (2013).

How to Debate Leftists and Destroy Them: 11 Rules for Winning the Argument (2014)

In Brainwashed: How Universities Indoctrinate America’s Youth, Shapiro writes:

“At my own beloved UCLA the numbers are just as frightening. There are thirty-one English professors with registered party affiliation. Twenty-nine of them are affiliated with the Democratic party, the Green party, or another leftist political party. Out of thirteen journalism professors with registered affiliation, twelve are affiliated with leftist parties. Fifty-three out of fifty-six history professors are affiliated with leftist parties. Sixteen out of seventeen political science professors are affiliated with leftist parties. Thirty-one of thirty-three women’s studies professors are affiliated with leftist parties.”

In Porn Generation: How Social Liberalism Is Corrupting Our Future, Shapiro says:

“Never in our country’s history has a generation been so empowered, so wealthy, so privileged—and yet so empty.”

But where Shapiro really goes hard on college students is in his book How to Debate Leftists and Destroy Them: 11 Rules for Winning the Argument:

“College students’ sense of moral righteousness doesn’t come from achievement – it comes from believing that you are a bad person. You are a racist and sexist; they are not. That makes them good, even if they don’t give charity, have never met a black person, stand for policies that impoverish minority communities across the United States, and enable America-haters around the globe.”

And this, also from How to Debate Leftists and Destroy Them:

“The leftist bullies have taken over the major institutions of the United States. The university system has been monopolized by a group of folks who believe that it’s no longer worthwhile debating the evidence on tax rates, or whether the Laffer curve is right, or whether Keynesian policies actually promote economic growth. They don’t want to debate those issues. What they want to teach instead is that is you are personally ignorant, bigoted, corrupt, and mean if you disagree with them. Their opinions are not opinions; they are fact. This is the hallmark of being stuck inside a bubble. The people who occupy the professoriate have not had to work a real job – a job with real-world consequences — in over 30 years. They’ve lived on a campus where everyone agrees with them, convincing them that their beliefs are universally-held. Anyone who disagrees is a “flat earther.” Anyone who disagrees is a monster. You are a monster.”

In 2014, Shapiro ruffled feathers when he published this video titled, “The Myth of the Tiny Radical Muslim Minority is Just That.”

And then, in 2015, Shapiro got in heated debate with transgender journalist Zoey Tur, after which Shapiro filed a police report.

So that’s Ben Shapiro… and, as Ben Shapiro says, “Facts don’t care about your feelings.”