UC Berkeley’s law school dean, Erwin Chemerinsky, and his wife, law professor Catherine Fisk, faced a bizarre scene this week when third-year students invited into their home for a dinner held a disruptive protest and refused to leave. The students accused Fisk of assault after she tried to pull a microphone from the hands of Malak Afaneh, leader of Berkeley Law Students for Justice in Palestine.
Afaneh has been featured by Berkeley on its website discussing how “As a proud Muslim immigrant, a first gen, low income student, and a survivor, I know exactly what it feels like to not have anyone in your corner.” She added:
“As leaders at Berkeley Law, we have the privilege of being in spaces where we can gain access surrounding the U.S. legal system, information that is gatekept and withheld from the very communities that often need it the most.”
It appears that one of those privileged spaces was the Dean’s home. Chemerinsky was warned that protests might be held at his home. Moreover, flyers appeared around campus opposing the dinners.
Chemerinsky discussed this threat in a statement to the school:
“The students responsible for this had the leaders of our student government tell me that if we did not cancel the dinners, they would protest at them. I was sad to hear this, but made clear that we would not be intimidated and that the dinners would go forward for those who wanted to attend. I said that I assumed that any protest would not be disruptive.”
The Berkeley Law Students for Justice in Palestine depicted Dean Chemerinsky in a cartoon with a bloody knife and fork, which were denounced as anti-Semitic and raised images of the ancient blood libel against Jews.
Others attacks Chemerinsky as effectively a Zionist operative.
Once at the dinner, Afaneh and others began their protest. She started by saying “as-salamu alaykum” — or peace and blessings to you — when Fisk took hold of her and tried to take away her microphone.
Fisk teaches civil rights and civil liberties at Berkeley.
An Instagram post by the two student groups said that Fisk was guilty of “violently assaulting” Afaneh. In the video, there is physical contact but it is not violent. It is reminiscent of the recent controversy involving Tulane Professor and former CNN CEO Walter Issacson who was accused of assault in pushing a disruptive protester out of an event.
There are already petitions to seek punishment for the “assault.” One petition states:
“On the last day of Ramadan, UC Berkeley Law Professor Catherine Fisk, and Dean Chemerinsky’s wife, assaulted a Palestinian Muslim hijabi law student that was exercising her First Amendment rights to draw attention to UC complicity in the genocide of the Palestinian people. Fisk and Chemerinsky would rather resort to violently assaulting one of their students than face the truth of their support for genocide.”
The suggestion is that you have a First Amendment right to enter a private residence, stage a loud protest, refuse to leave, and prevent others from associating.
Technically there was physical contact but no police complaint has been filed. Even under torts, there is a notion of molliter manus imposuit or “he gently laid hands upon.” The doctrine is used as a defense for using limited, reasonable force to keep the peace or respond to trespass to land or chattel.
Both Fisk and Chemerinsky can be heard saying that this is their home and that the protest must stop. Evently Afaneh and ten other students left the dinner.
In a statement Wednesday, Chemerinsky wrote that
“The dinner, which was meant to celebrate graduating students, was obviously disrupted and disturbed. . I am enormously sad that we have students who are so rude as to come into my home, in my backyard, and use this social occasion for their political agenda.”
The problem is that these students have been told for years that deplatforming and disrupting events are forms of free speech. This has been an issue of contention with some academics who believe that free speech includes the right to silence others. Student newspapers have declared opposing speech to be outside of the protections of free speech. Academics and deans have said that there is no free speech protection for offensive or “disingenuous” speech. CUNY Law Dean Mary Lu Bilek showed how far this trend has gone. When conservative law professor Josh Blackman was stopped from speaking about “the importance of free speech,” Bilek insisted that disrupting the speech on free speech was free speech. (Bilek later cancelled herself and resigned after she made a single analogy to acting like a “slaveholder” as a self-criticism for failing to achieve equity and reparations for black faculty and students).
Berkeley has lost cases in court over its failure to protect free speech.
Many faculty and deans remained quiet for years as conservatives, libertarians, and dissenters were cancelled on campus or deplatformed. It is only recently that some have become openly alarmed over the anti-free speech movement that they have fostered either directly or through their silence.
In this case, the students felt justified to stop a dinner event in a private home. They also showed little fear that they would face any repercussions for their actions.
Ironically, I raise this very hypothetical in my torts classes each year. I also invite my students to my house for dinners. When we get to trespass, I present the hypothetical of what would occur if some of them refused to leave and what my options might be. The Chemerinsky home just became that very hypothetical.
For many of us, the lack of civility and respect by the students is disturbing but hardly surprising. There are many students who feel enabled for years by administrators and faculty at schools like Berkeley.
Dean Chemerinsky can be criticized for fueling this rage by denouncing conservative justices as “partisan hacks” simply because he disagrees with their jurisprudential views. Nevertheless, Chemerinsky has had a long and widely respected career as a scholar and administrator.
Clearly, neither Chemerinsky nor Professor Fisk deserved this disruption or the lack of respect. They refused to yield to the threats over this dinner and I respect them for that. Chemerinsky has tried to navigate the tensions on campus while supporting free speech rights. Chemerinsky and Fisk open their home to hold these dinners and most students clearly value and respect their gracious hospitality.
I also would not fault the Dean for declining to pursue discipline over the incident since this occurred in a private residence. However, I take a harsher view of disruptions of classes and public events. The protesters can demonstrate outside of a room or a hall to express their opposition to a speaker. What they cannot do is prevent others from speaking or hearing opposing views. Those responsible for such disruptions should be suspended or, for repeat offenders, expelled.
Regrettably, the scene that unfolded at the home of Dean Chemerinsky will be viewed by many as a triumph rather than an embarrassment for their cause. Disruption has become the touchstone of protests in higher education. At the same time, schools like UCLA have paid “activists-in-residence” or now bestow degrees in activism.
We now have a culture of disruption that has been consistently fostered by academics and administrators on our campuses. When asked “why the home of a dean?,” these students would likely shrug and answer “why not?”
In that sense, this is the ultimate example of the chickens literally coming home to roost. These students have been enabled for years into believing that such acts of disruption are commendable and that others must yield in the cancellation of events. For weeks, they demanded that these dinners be halted despite other students wanting to attend. In that sense, the appearance in an actual home is alarming, but hardly unexpected in our current environment.
For students such as Afaneh, it is just part of “the privilege of being in spaces” to continue one’s activism.
The real question here is: “Does the uninvited laying on of hands constitute assault if there is no violence?”
In the US this varies by state and is dependent on the circumstances. But generally its not considered “Assault” but rather “Battery” which typically involves unwanted physical contact (e.g., touching, hitting, or striking) without consent. However, in California while “assault” generally require intentional or reckless conduct, if it causes apprehension of imminent harm it could be considers assault. Moreover, Actual physical contact is not always necessary for an assault charge in California. Threats or actions that create a reasonable fear of harm can also constitute assault.
In Canada this is a definite yes. As per section 265(1) of the Criminal Code of Canada: an assault involves: 1) Intentionally applying force to another person without their consent, either directly or indirectly (e.g., hitting, pushing, grabbing, or throwing an object toward them); 2) attempting or threatening to apply force to another person, provided there is a reasonable belief that the person making the threat has the ability to carry it out; or, 3) Accosting or impeding another person while openly wearing or carrying a weapon or imitation thereof.
All uses of force are NOT unjustified.
We are generally all familiar with self defense as a justified use of force.
But that is NOT the only justified use of force.
Justification is always a defense to charges of assault or battery.
But just as all uses of force are not unjustified, many are.
The use of proportionate force within your home especially, but your property more generally is legal if it is constrained by what is necescary to enforce your rights. To restore order or to remove a no longer wanted guest.
In a previous article protestors sought to charge Isacson for pushing them out of a speach they were disrupting.
Yet no one mentioned that the campus security did the same thing.
With rare exceptions there are NOT special rules for security, or law enforcement.
We frequently defer the use of force to police or security – because that is their job and they are better trained.
But assessing whether force is justified and using the appropirate amount is NOT legally distinct between security, law enforcement and individuals.
Violence and other forms of disruption are no substitute for cogent discussion. In fact, they suggest a lack of ability and/or self control to debate issues on their merit.
No the real question is which group of these people do I really give a fig about, neither.
The billionaires own both sides., they own the Chemerinsky’s of academia–
and they own the hijab clad dissenters too
these are just mercenaries however, its the billionaires who are enemies of the American people.
this is just drama. a sideshow.
it’s really like which faction of the oppressor’s hirelings will gain the top offices in the army of occupation above us.?
the hijabs or the small hats? how about neither?
As for the free speech stuff, nobody believes in that anymore, but God bless sincere good hearted liberals like Turley who still do
Saloth Sar
Jonathan: For some on this blog they Q my focus on DJT. But, hey, I did comment (4/11@1:11pm) on your column about the commotion at the home of Dean Chemerinsky didn’t I? And that had nothing to do with DJT. Right? So tell your loyal supporters to give a break if I now discuss how I think DJT is a compromised candidate.
In a previous comment I discussed how DJT is compromised by having to go to the billionaire king of sub-prime car loans–Don Hankey, for the $175 million bond he could not get from anyone else. Hankey says he gave DJT the bond at a very small fee. Now Hankey is having second thoughts. He told Reuters: “We thought it would be an easy procedure that wouldn’t involve legal problems and it’s not turning out that way. We probably didn’t charge enough”. But Hankey should have done his due diligence. He is finding out the hard way that when you get in bed with DJT you can bet on all sorts of legal problems! Now Hankey has to fly into NY with his lawyers to face Judge Engoron on April 22 and explain how his small private bonding company apparently doesn’t have the reserves to pay the bond should DJT fail in his appeal. That could prove very embarrassing for Hankey who likes to keep his privately held companies out of the legal limelight.
Beyond the Hankey problem there is another reason why DJT might be a compromised candidate. Last weekend DJT held a fundraiser at the home of billionaire hedge fund investor John Paulson. DJT raked in $50.3 million!. All of Paulson billionaire friends were there, including oil baron Jose “Pepe” Fanjul, Sr., oil baron Harold Hamm and Johnson & Johnson heir Woody Johnson. Reporters were not allowed into the confab so we don’t know exactly what was discussed. But right after the event DJT’s campaign said DJT promised that, if re-elected, he would extend his 2017 tax cuts (due to expire next year) for billionaire investors like the Paulsons of this world. Mere coincidence? I don’t think so.
For DJT everything is transactional. Pay to play. Give me $50.3 million for my campaign and I promise to keep your tax cuts. That’s how it works in DJT’s world–I am up to the highest bidder! But that quid pro quo comes at a steep price. Extending the 2017 tax cuts beyond 2025 would cost the government (that’s you and me) about $700 billion in lost revenue for a decade!
So, yes, I will continue to focus on DJT to the great chagrin of some of his loyal supporters on your blog. I do it for a reason. The Trumpster/Fraudster is a threat to all our democratic institutions–especially our judicial system that is under attack by the guy who wants to president again. The rule of law is the only thing separating us from Banana republics–and places like Russia under Putin. I don’t want to see that happen here! And it will if DJT gets his hands on power again!
Dennis – there has never been a more compromised candidate than Joe Biden. He and his family extorted the Chinese government for $5m and then persuaded the Ukranians to give millions of dollars to his son, Hunter. Both states, China and Ukraine, can unload information about Biden that would encourage talk of treason. Indeed, it is arguable that our present policies on the Russia-Ukraine conflict and agressive Chinese actions (e.g., balloons over our territory, fentanyl shipped over the border, young men of military entering illegally, “police stations” in the USA to harass Chinese residents here) show that China and Ukraine “have something” on Biden. And you rant about Trump!
Oh please. We know who the anarchists are: The left!!
Professor Turley Writes:
“Many faculty and deans remained quiet for years as conservatives, libertarians, and dissenters were cancelled on campus or deplatformed”.
***
Jackson Hinkle has cultivated an online persona so incendiary that he has been kicked off YouTube, Twitch and Instagram.
He rages on undaunted, even energized. He produces a regular podcast on Rumble, a website popular with many prominent conservatives. He writes dozens of posts a day on X, where his following has surged to 2.5 million from 417,000 in the six months since Oct. 7 — the day Hamas fighters mounted their assault on Israel.
Hinkle’s sudden rise may stem from more than good luck.
Two Israeli research companies that specialize in online threats, and that have focused on what they consider disinformation related to the war in Gaza, said they had identified coordinated and possibly state-sponsored networks of bots or inauthentic accounts that were amplifying Mr. Hinkle’s provocative brew of political views. China, Russia and other foreign actors are known to use such tactics to achieve their geopolitical goals — including efforts to influence this fall’s presidential election.
Mr. Hinkle has also benefited from changes by X’s owner, Elon Musk, including the cancellation of policies that once limited toxic content.
https://www.nytimes.com/2024/04/11/business/media/jackson-hinkle-israel-gaza-misinformation.html
…………………………………………
Jackson Hinkle isn’t a conventional conservative. But he aggressively promotes misinformation with the aid of bots. He is also a big admirer of Vladimir Putin.
Not all anti-Israeli activists are far-left. In fact, some observers believe that Vladimir Putin asked Iran to prevail on Hamas to start the war in Gaza. Said war has kept the U.S. totally distracted from Ukraine and divided the American public.
Therefore one has to seriously ask if unrestricted ‘free speech’ is any answer to the issues raised in Turley’s column.
^^ Paid DNC troll. Ignore.
What the Chem’s experienced may be different than 10/7 but there is a kind of analogy. It’s not often talked about, but the slaughtered Jews who lived on kibbutzim near Gaza were prog/left who had sought outreach and friendship with the Gazan palestinians. Many were brutally raped and killed on 10/7 and the ones who survived were red pilled into the blunt truth that coexistence is impossible.
I think coexistence is impossible after October 7. A large majority of Palestinians support Hamas, and agree with what Hamas did on Oct 7. A large amount of pro-Palestinian supporters around the world are chanting genocidal, antisemitic slogans.
After all this time, and all the many peace offerings, it’s time to abandon the dream that Arabs will live in peace with Jews in a Jewish state. Arabs were given about 85% of the land that was designated by the British Mandate to be Israel. That land was used to form Jordan, and parts of Syria and Lebanon. The Arabs already go the lion’s share of Israel’s land, halving Israel about 290 miles long by 85 miles wide. It’s too small to defend itself without outside help, such as the US-supplied Iron Dome. Israel offered even more land 5 additional times, for peace, and were rebuffed, because every Palestinian organization that has existed in Israel had only wanted Israel’s destruction, and death of Jews. This is why Palestinians celebrate any Muslim who kills any Jew, even a child, by naming a street after them. Israel gave the Palestinians the West Bank, and the Gaza Strip. Palestinians promptly used both as bases for terrorism against Jews.
Any square foot of land given to Palestinians to control is used to commit terrorism against Jews, in the push to take all the land. That movement is exactly what drove Jews out of their own homeland, and relegated the remaining as second class citizens, subject to the Jizya. Jews are the indigenous people of Judea. They have their own religion, language, traditions, and dress. There is no distinct Palestinian language, religion, traditions, or dress. They are just Arabs.
There are 49 Muslim countries, and only 1 Jewish country.
The surge in global antisemitism is exactly why Israel is needed. There needs to be a refuge for Jews, because clearly antisemitism is still going strong.
I hope the pacifist Left movement in Israel charters a new course, and stops viewing the more hardline leaders as the problem. It’s the homicidal antisemitism of Palestinians that is the problem.
At this point, if Palestinians will not coexist peacefully with Jews in Israel, then they should be expelled to Arab Palestine, which is Jordan, Syria, and Lebanon. They actually do have an Arab Palestine. They are more than welcome to rename Jordan, Syria, and Lebanon as “Palestine”. Then, Palestine would finally be its own country, whereas before, it was only a region.
It’s time for Arab Palestine to take Arab Palestinians, instead of refusing to accept Palestinians who leave Israel as full citizens.
Karen S — About right but neither Lebanon or Syria is “Arab”. Again there is a mixture of several cultures, eg Christian.
nor
My prediction is that the pro-Palestinian camp will grow much larger on the Democrat/Left. For one thing, the Palestinians make for much better optics than blacks, women and trans people.
Nobody, even the Liberals, believe that blacks are an oppressed minority. The might say they do, but they don’t. Bad blacks are doing way too much crappy stuff, like committing crimes, looting stores, and having out-of-wedlock babies to the tune of 80% or so. People see that stuff on TV, youtube, hip-hop tv, and while everybody is “anti-racist”, even Liberals are not moving to the hood to send their kids to school with them. That part of ID politics is running on fumes, and will for the foreseeable future, but frankly nobody but blacks themselves believe it, and I am not sure how many of them really believe it deep down. Plus, the more you try t do for blacks, the worse off they seem to get, in a collective sense.
Trans people are obviously mentally ill, and nobody except trans people and some college goof balls believe it. That movement too is running on fumes, and they will make a lot of noise, but that is costing the Dems more votes than it is getting them. Women own more than men, and are not held back anywhere, except by their own delusions. And more and more women are hitting the wall and coming to realize that they are not the only game in town any more. More men are just walking away from committed relationships, or going overseas to find women not infected by Feminism. Plus, women are actually becoming sick of Feminism themselves, as they find themselves having all the responsibility of work and child-rearing, and no help from a husband.
So, look at the Palestinians – when you are a victim-saver type, you need a good victim, even if you do have to embellish the story. The Palestinians actually did lose something, but no more than Greeks, Hungarians, Armenians, Kurds, etc, who all lost land within the last century or so. Some of their land went to Jordan, but the world decided the Jews needed their own land back. If you are a Palestinian, you either accept that, or move. You don’t see displaced Hungarians (from 1920) launching terror attacks on their neighbors. But I digress. Another advantage is that we are not in close proximity to the Palestinians, so all we see is them getting bombed by the IDF and crying victims. Occasionally we see the terror they inflict, so we don’t have that close-up encounter, like we do with black, women, and trannies. That is subject to change if we have an October 7th event here, but maybe even that will end up with the Jews being blamed.
This is why I think the American Jews are SOL – because they worked overtime to create the Victim-Saver mentality, and now that group has a new victim, and one which does not like Jews. And a victim hierarchy where they are not very high on the totem pole. As I read this morning –
“Virtually every law school has courses of critical racial studies. Query how much of that curriculum focuses on anti-semitism? Every law school has a DEI department. Query how much of that programming focuses on anti-semitism? I suspect the answer to both questions is very little. Indeed, in 2021, Stanford’s DEI Department said the quiet part out loud. They do not focus on anti-semitism as not to diminish discussion of anti-black racism. And, anti-semitism is not as important because Jews can hide behind their white privilege.”
https://reason.com/volokh/2023/10/29/chemerinsky-nothing-has-prepared-me-for-the-antisemitism-i-see-on-college-campuses-now/
“Clearly, neither Chemerinsky nor Professor Fisk deserved this disruption or the lack of respect”
No, I think they kinda do. They’ve humored and supporting bad behavior as long as it targeted the “right” people. They should embrace it and support it when it targets them.
That’s a wasted lesson they will never learn.
Liberals are slow to learn the repercussions of their actions.
Leftists….not at all Liberal.
Those on the left have likely successfully red-pilled Cherminsky.
We have seen the same more slowly over time with Turley.
Verrrrrrrrry slowly…
Remember when Hunter showed up at the WH dinner, there was ambulance chasers sucking up for a heaping spoonful. How much do you think it costs consumers when these scumbags fleece the insurance companies? Consumer costs are driven by profits, billions won means billions lost unless they offset the losses.
For The People my Azz!
If it were me, I would follow these people everywhere, and “disrupt” their grocery shopping, their dates, movie night, restaurant dining, and any other activity. Some people understand show more than tell.
As for their platform, there is no discernible difference between Hamas, its Palestinian supporters, and KKK and Nazi rhetoric. In fact, they believe Hitler was right, which is why Hamas took the symbolic step of murdering babies by cooking them in ovens, as a nod to Nazi concentration camps. The only thing these protestors were lacking were white hoods or Swastikas. The KKK might have fallen so far out of favor that they’re pariahs, but its rhetoric is loud and proud among the Left. The KKK used to be the domestic terrorist arm of the Democrat Party. Not much has changed, unfortunately, based on current rhetoric, and the assaults on Jews, especially on college campuses across America.
Current protests are the equivalent of demanding the Allies ship aid to Germans during WWII, taking Nazi casualty figures for Germans at face value, and complaining that if the Allies killed more Germans than the Nazis killed Allies, then it is genocide and war crimes, while ignoring the obvious war crimes of the Nazis.
About 85% of land that was supposed to be Israel was already given to the Arabs in the first land for peace deal, in the creation of Jordan, and part of Lebanon and Syria. That left Israel roughly the size of New Jersey, 290 miles long by 85 miles wide. That left Israel too small to defend itself without outside support, such as the Iron Dome, supplied by the US. Even so, Israel has offered to give even more land to the Arabs in 5 more land for peace deals. The Arabs always turn it down, because all they want is the destruction of Israel, death to the Jews, and yet another Muslim theocracy. There are 49 Muslim countries, and only one Jewish country, which also happens to be the only Western democracy in the entire Middle East. To the Muslims, that’s one Jewish country too many. They were given Gaza and the West Bank, which the Arab Palestinians promptly used as a base for terrorism against Jews. The Charter of Hamas called for the destruction of Israel, and a genocide against all Jews on Earth. While it’s touted that Palestinians didn’t used to support Hamas as a majority, it wasn’t because they accepted Israel’s right to exist. No, they used to be in favor of other antisemitic organizations, such as the Palestinian Authority, which they believe to be more organized, and thus better equipped to destroy Israel and kill Jews. Long before Hamas, any Palestinian who killed any Jew, even a baby, was lionized by Palestinians, who would name a street after them.
Basically, these protestors are like Nazi supporters in America before the US joined WWII. Any pretense of not being antisemitic or anti Western went out the window when they were caught chanting, “Death to Israel! Death to America!” https://nypost.com/2024/04/08/us-news/anti-israel-protesters-chant-death-to-america-death-to-israel/#
Karen S,
Well said.
“. . . which is why Hamas took the symbolic step of murdering babies by cooking them in ovens, as a nod to Nazi concentration camps.”
And with all the other atrocities they committed on Oct 7th, I stand with Israel.
@Karen S
Uhm… got to give you a bit of a history lesson.
In the early 1920’s (I think it was ’22 ) the old Mufti dies and the Brits who are in control of the region appoint Amin al-Husseini as the new ‘Mufti of Jerusalem’ which was actually a new title. He became the spiritual leader of the Arab population in the region.
This proved to be a big mistake since during the 20’s and 30’s he led the Arab revolts against the Brits. The Jews in the region sided with the British to put down the Arab revolts.
Note that al-Husseini was also a member of the Muslim Brotherhood.
During the 30’s and into the second world war, al-Husseini not only sided w Hitler, but also supplied Arab forces to assist in the annihilation of the Jews in eastern Europe. To be clear… he and his followers were and still are Nazis. After the war, those Arabs fled to Arab countries to avoid prosecution for war crimes. They were never caught or punished.
Arafat called al-Husseini his ‘uncle’. So PLO are Arab Nazis. Black September, and other offshoots are Arab Nazis.
PLO became PA and Hamas… Hezbollah… all Arab Nazis.
They *ARE* Nazis.
Sorry for being redundant to your post. Wanted to make that clarification.
Not Nazi-like but actual Nazis.
They will never want peace and are willing to die than accept Israel or the Jews.
-G
OT, only because it is to dang funny! These yahoos who did not think of scheduling conflicts that want to lead the US for another four years? HA! Biden Could Miss Deadline To Make Ballot In Another Red State
“President Joe Biden is at risk of not being on the November general election ballot in the red state of Alabama, according to a Tuesday letter.”
https://dailycaller.com/2024/04/10/joe-biden-risk-not-being-ballot-alabama-another-red-state-ohio/?utm_source=referral&utm_medium=offthepress&utm_campaign=home
It’s the way they…the dims….will get rid of him.
I watched a longer video of the event. These are incredibly entitled and boorish people. I hope that the university will publish the names of all disruptors – they deserve the attention. Amazingly the students seemed to think that they could legally intimidate two law professors in their own home. I applaud the good professors Chemerinsky and Fisk for being gracious hosts by entertaining the graduating students but I do also hope their apparently naive world view is appropriately adjusted. I was disappointed that none of the other attending able bodied students came to assist their elderly hosts bounce these pests from the property.
Arnold Nordsieck,
On one hand, I agree with you about none of the other attending able bodied students did not come to assist their elder hosts.
On the other hand, had I been there and being a able bodied student of college age, yeah, it would of been assault as I would of used my high school wrestling skills to remove them.
Not better, even if it would of been justified.
But, hey! At some point, they are going to use that same force and try to justify it with some leftist . . . whatever, and drag those professors out of their own home and do much, much worse.
The parallels to 1930s Germany become more and more evident with each passing day.
I agree. If I had been there, I would have been prepared to use Cane-Fu on the rowdies. (There actually is such a thing!) Afterwards, I would have reamed out both of them about how their stupid Liberal/Progressive politics was responsible for this, but like the 72 year old dude from Tulane, sometimes you get physical first and talk afterwards,
Agreed, I was thinking more like the Red Terror era leading up to the decadence of 1930’s Germany.
Surprise surprise, the Jews do not like the taste of their own medicine, big shocker here.
“Israel’s genocidal actions in Gaza”
On October 7, 2023, Hamas (the Gazan government) invaded Israel, then butchered and kidnapped hundreds of Israelis (and Americans). All with the support of Iran.
As is its moral right, Israel then defended itself militarily by attacking the aggressor. The suffering and death that ensued is blood on the hands of Hamas and Iran.
I used to think that the Left had no moral compass. But that is wrong. It has one — to navigate its way to Dante’s Ninth Circle of Hell.
I don’t think you can improve on IowaHawk’s take on this incident:
David Burge
@iowahawkblog
·
Follow
“I can’t believe the leopards ate my face,” says man who hosted back yard Face-Eating Leopard mixer
Let the old fraud Chemerinsky face some consequences of his own past actions.
backyard face-eating leopard mixer
This is Left versus Left. Or IslamoCommuNazis versus CommuNazis to be more specific. A Two-State solution has already been enacted to house both groups: Michigan and Minnesota. Let all Leftists move there and leave civiliation alone.
It is the morally just versus the morally depraved. You watch too much political programming schmuck.
Who is “moral” in this story? Nobody. Chemerinsky is a Biden-style-Leftist (CommuNazi) and the Pro-Hamas agitators are IslamoCommuNazi Leftists. They are each depraved in their own ways.
Those who protect and defend the weak and the innocent Christ killer. You really are a schmuck.
What do you have against Michigan?
Excuse me.
The American Founders and Framers would like to say a few pertinent, and definitive words on the subject, reiterated from the year of the adoption of the Constitution and Bill of Rights.
Gentlemen, go ahead.
_________________________
Naturalization Acts of 1790, 1795, 1798, and 1802
United States Congress, “An act to establish an uniform Rule of Naturalization,” March 26, 1790
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof…
Seriously: the hate from these cohorts is just off the charts. These are absolutely overgrown toddlers, and it is not just the colleges’ fault, they showed up to college like this; college just furthered what was already in motion.
Obviously Berkeley is an extreme example. start the consequences while they are still in school, because they sure aren’t facing any at home, and out in public they are very likely to be justifiably punched in the face. How can modern parents not see, and keep spending the money on this? I don’t want to hear it from these little monsters that their allowance isn’t enough to cover their ‘education’. mark my words: if we do not nip this in the bud right frickin’ now – upcoming generations will simply be feral, Lord of The Flies in real life. If we do not course correct, we will beg for the idiocy that is this compared to what is coming. These are likely lost generations; if you want something different and have younger kids – change your mindset NOW, parents. Today. Be what you consider unkind to your kids for their own benefit. We cannot take anymore of this.
I give us about ten years if these words are not heeded, and I am far from the only voice. Start. Parenting. Again.
No disagreement here on the parenting. So why the lack of parenting? Could it be that the costs to own private property and taxation are now so ridiculously high and inflated that both parents work harder and longer attempting to achieve the American dream? In FY 2005 reportedly only 10% of workers made $100,000/yr, that’s barely enough to have a home, two cars and children. That hits in the 25% tax bracket, every dollar made gives .25 to government. That doesn’t begin to consider State income taxes, property taxes, healthcare, licensures and fees. Make America affordable again and you may see a more productive and responsible citizenry. Close the border and make blue collar jobs with skilled tradesman an honorable profession, producers should be compensated fairly, they are the ones that put blood in the game.
Jonathan: How do you keep up with all the student protests around the country? Must keep you up all night? This time a protest inside the home of Dean Chemerinsky and his wife by Malak Afaneh and fellow protesters over the Dean’s apparent support of Israel’s genocidal actions in Gaza. It was a perfect storm!
The law students were invited into the Dean’s home so there was technically no trespass. Once inside the home Afaneh tried to speak but was stopped by Fisk. The photo you posted with your column apparently shows Fisk grabbing Afaneh and trying to forcibly take away the microphone.
Under CA PC Section 240 an “assault” is “an unlawful attempt, coupled with a present ability to commit violent injury on the person of another”. Among the factors considered is the “application of force”–any type of of harmful or offensive touching, even if done in a rude way. “Touching” does not have to actually cause injury to be an “assault”. Example: Someone throws a beer bottle at me in a bar but misses. That’s still an “assault”.
It also appears Fisk could be charged “battery” under PC Section 242 which is the “unlawful use of force or violence upon the person of another”. Fisk’s grabbing of Afaneh and trying to forcefully take away the microphone would fall under that Section. This appears to be a case of “no harm, no foul”. Afaneh was not injured and she and her fellow protesters left when asked. And Afaneh did not file a criminal complaint with the police. End of story. Or so it seems.
The Q is why Fisk would use force on Afaneh? She and her husband probably knew there would be a protest inside their home. In an ideal world they could have simply allowed Afanh to complete her speech and then asked the protesters to leave. Or better yet Chemerinsky and Fisk could have engaged in a dialogue with Afaneh over her concerns about Israel’s policies in Gaza. That apparently didn’t happen for reasons unknown.
But you think the protest inside Chemerinsky’s home is “alarming”. Why is that? Afaneh and her fellow protesters were invited in–it’s not like they barged in uninvited. The problem is that Fisk didn’t like what Afaneh had to say about Israel’s genocidal policies in Gaza and Fisk was intent on preventing any dialogue on those issues.
You think “protesters can demonstrate outside of a room or hall…what they cannot do is prevent others from speaking or hearing opposing views”. But yet Fisk tried to prevent Afaneh from speaking–“hearing opposing views”. That’s not would one would expect from two people who are big supporters of the 1st amendment!
Re: “Chemerinsky and Fisk could have engaged in a dialogue with Afaneh over her concerns about Israel’s policies in Gaza.”
“Could have” is an unreal condition. Afaneh was not there to engage in a “dialog” with Chemerinsky and Fisk. Especially since she was wielding a megaphone to make herself heard 3 blocks away.
Pragmatist – Dennis has a habit called “magical thinking.”
Poor Denise.
Free clue… really a simple one…
I invite you in.
You act out.
I ask you to leave.
Now the minute I ask you to leave and you refuse… you’re trespassing.
Turley kinda knows what he’s talking about.
Clearly you don’t.
If it were me… I’d consider lethal force as an option because I don’t like Arab Nazis or any other type of Nazis or Nazi supporters.
But since less than lethal force would be sufficient… I’d start there and then escalate. But that’s me.
When you tell people you have invited into your home to be orderly – you are offering a choice. Implied, is that if you do not conform to the expectations of the owner you must leave, and that if you do not you may be removed forcibly.
Dennis,
This is not a left right thing. Prof. Cherminsky is with near certainty nearly as left as they come.
Trump is not within 10,000 miles of this.
This is just first week criminal law 101.
You claim to be a lawyer – yet, you are completely ignorant of this.
An invitation to come to ones home does NOT preclude trespass.
I know this is hard for you left wing nuts, but property rights are both real and necescary – Even Marx found he could not come up with a working system without them.
Property rights are about ownership and control.
The first and most important property right that each of us has is the right to our bodies. We own them and we control them. The fight over abortions is a property rights battle, the fight over mandated vaccinations is a property rights battle.
If you control property – such as your home, you can chose who to exclude and who to allow in.
Equally importantly you can change your mind. You can rescind an invitation. You can condition permission.
And absent a contractual agreement – such as a lease that conveys actual rights to others – usually in return for money.
You can extent and rescind permissions dynamically for any reason or none at all.
Cherminsky told these students to stop being disruptive. That is conditioning permission to be present.
When the students continued to disrupt – they lost their permission to be in Cherminsky’s home.
They were no trespassing. If they continued to resist they were moving to criminal – possibly felony trespass.
Next – the social contract is NOT an absolute bat to the use of force – except by government.
We are entitled to use force to defend ourselves.
We are also allowed to use force to defend out property.
There is alot of law on this. The justified use of force varies based on the threat faced, the ability to retreat, and the nature or the property involved. Threats to your person in your home allow the greatest amounts of justified use of forces.
Conversely we can not punch out someone who accidentally bumps into us at a mall.
Regardless, the Chrminsky’s are legal allowed to invite students to their home.
To insist on rules governing student behavior while in their home, and to enforce those rules using reasonable force.
That includes taking microphones from students, and shoving them out of your house.
We have recently been seeing these wierd claims of assault by the far far far left.
The claims are nonsensical.
NO you do not have to wait for armed security guards or police to remove disruptive guests from your home.
While it may be wise to wait – that is ONLY because this si something they are more skilled at.
We saw the lunatic assualt claims regaring Prof Isakson in a prior Turley post.
Removing disruptive students from a speech is not assault whether it is done by campus security or by a professor.
Just as forcibly removing a gold star parent from the SOTU for disrupting Biden is legal.
“In an ideal world they could have simply allowed Afanh to complete her speech and then asked the protesters to leave. Or better yet Chemerinsky and Fisk could have engaged in a dialogue with Afaneh over her concerns about Israel’s policies in Gaza. That apparently didn’t happen for reasons unknown.”
The reasons this did not occur are well know.
Those on the far left today do NOT complete their speechs – they fillibuster.
They do not leave private property when asked.
Nor do they ever engage in actual dialogue.
I would love to engage in a REAL dialogue with you – but you are not capable of dialogue.
You like the rest of the far left – do not listen to those who disagree with you.
YOU never give the slightest heed to FACTS – if they do not come from the far far left.
I would note – this story is NOT about Israel, or Gaza or Palestinians.
It is about the Cherminsky’s actual efforts to have a dialog.
And Those of the left to avoid dialog and shift to violent confrontation.
Why would Fisk use force on Afaneh ?
Because Afaneh was invited into their house and chose that as an opportunity to cause disruption.
You would not invite a Trump supporter to your home.
If you did you would not tolerate their staging a Trump rally in your dining room.
You would respond with FORCE if they did not respect your wishes in your home.
That is actually how it works. It was Fisks home. She gets to make the rules.
Obey them or leave. If you do neither – expect that you will be subject to FORCE.
Legally that force must be justified – unwanted conducted in someone else’s home is sufficient justification for force.
Not deadly force, But taking a microphone and moving you out of the home.
As to dialog and listening. If that is what Cherminsky/Fisk want – in their home that is what their will be – or others will have to leave.
They are free to allow Afaneh to protest,
To Fillibuster.
To engage in diologue.
OR NOT.
They are free to use the visit to the home as an oportunity for a monologue if that is what they want.
It is THEIR home, they get to make the rules.
It is not a public forum for free speech.
It is not the seat of government.
It is actually possible to trespass on the private property of others.
And you are trespassing as soon as you are unwilling to behave according to THEIR rules.
You get to make the rules for your home.
Cherminsky gets to make them for his.
Or would you rather that someone stage a Trump rally in your living room without your permission ?
It is as if it were necessary, before a reign of justice appears, for everyone to suffer a cruel retribution — some for their evilness, and some for their lack of understanding. Bastiat
When I was in law school (2000-2002) Prof Chemerinsky was the epitome of the intolerance of the left for any opposing ideas. It is ironic that this sort of intolerance being visited upon him might lead to a backlash against the very trend he began,
‘hardly unexpected in our current environment’ pretty much sums it up.
Although, yes, while rude in some situations, it’s also a bit of ‘just deserts’ to see that,
instead of just circling the wagons, some of it is being aimed in their own direction.
-Cat