Berkeley Law Student: We Had A Protected Right to Protest at Dean’s Home

We recently discussed the students who conducted a protest inside the home of Berkeley Dean Erwin Chemerinsky and his wife, law Professor Catherine Fisk. The students, including UC Berkeley law student Malak Afaneh, refused to stop disrupting the dinner as Chemerinsky and Fisk reminded them that this is their home, not a public forum. Now Afaneh is claiming a First Amendment right to enter a private home and protest and she is citing legal advisers with the National Lawyers Guild.

Chemerinsky was told to expect protests and student groups demanded that the dinners be cancelled.

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.”

Putting aside the lack of civility and respect in such a demonstration, the lack of legal knowledge is startling. Afaneh insisted that “the National Lawyers Guild has informed us this is our First Amendment right.”

It is unclear how the Guild or Afaneh would construe a private party on non-university grounds to be a forum permitting such protests. If protected, would Chemermisky have to just live with the protesters until they were finished with his home?

The answer is obviously no.

The NLG may be suggesting that, even if held in a private residence, this was a public forum as part of a law school activity. However, that connection alone would not convert a home into a public forum. Moreover, even in a public forum, students would not be permitted to disrupt a public forum. Students have a protected right to protest outside of classrooms and events. They do not have a right to prevent others from speaking or listening to opposing views.

These students seem to be as unburdened by knowledge as they are by civility.

 

176 thoughts on “Berkeley Law Student: We Had A Protected Right to Protest at Dean’s Home”

  1. Let’s see…. there is the new breed of ‘law student’ who have been gently massaged into what was once a coveted place in law school, to fill padded minority quotas.. vis-a-vis deserving it thru true merit, tough achievement.. and the stage 1 effect is such ‘protests..’ and later, as we’ve seen, stage 2, the weaponization of the actual US Justice System… Their disrespect for the American Dream and those who have succeeded at it is beyond the pale. Perhaps the Professor who ‘touched’ the student is learning that one cannot be nice and talk reason to the ‘Frankenstein’ they have helped create…

    1. This woman has no business being in law school. It isn’t due to her race, gender, religion or appearance, it is due to the fact that she is a moron. A nasty one at that.

      1. Actually it’s not her religion, it’s her ideology. The goal of Islam is to overthrow the govt and replace it with Sharia law. Islam does not assimilate as it is against Sharia law. I’ve been saying for quite some time that Muslims will use our freedom of religion as a cudgel. Islam is a totalitarian theocracy and it controls the adherents 24/7/365 from cradle to grave using law and religion. They should not be allowed in the country, much less in our govt or courtrooms.

        1. And the truth reveals itself!
          _______________________________

          “If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

          – Sun Tzu, The Art of War
          ____________________________

          The American Founders understood the immutable imperative of homogeneity “…in Order to form a more perfect Union,…insure domestic Tranquility…and secure the Blessings of Liberty to ourselves and our Posterity.”

          Muslims are the direct and mortal enemies of the American thesis of Freedom and Self-Reliance, the Naturalization Acts of 1790, 1795, 1798, and 1802, the Constitution, the Bill of Rights, actual Americans, and America.

  2. thetennnants1970 said this earlier:

    “Having EARNED a law degree in1969, I know classes at a law school for people such as this one are wasted! They are not interested in law; they are protestors, activists, people with a political agenda – calling themselves llaw students (and then lawyers and judges). ”

    That is the most important point here. Malak Afaneh already knows everything, and the study of law is simply the study of a weapon she can use to promote her belief system. That seems pretty obvious. She will get a job teaching, working for an activist non-profit, becoming a talking head, running for political office, being an activist-lawyer – something along these lines. Whatever, her politics are her life. She is a fanatic. And she is stupid, and understands little. She is already not-fixable.

    What is less obvious, is that Malak is no different from a ton of college students from the 1960s on, who knew everything about life by the time they hit their second semester of college, and went on to let politics and activism become their lives, too. She just happens to wear a hijab.

    That type of person infests the Democrat/Left, and that is why our country is in the shape that it is. You can see the idiocy baked in over decades with some of the shills here, like DeMac, assuming he/she/it is a real person expressing their real beliefs. They are pretty much not-fixable. Like Chemerinsky and Fisk themselves.

    1. You are so spot on, but my lingering question is how do we deal with this multi–generational disaster? Along with millions of invaders from the southern border and millions of hate-motivated islamists, generational parasites on welfare, we now have millions of warped minded individuals; all of whom will NEVER be anything but a drag on our culture and economy. Do we just wait until they age out, all the while they continue to use the system to destroy and despoil our nation?

      1. Listen to the April 6 Victor Davis Hanson podcast. He did two very interesting interviews, which fit with this incident I feel.

      2. @whimsicalmama

        I’d love to know that too. Not many are thinking forward, and not many seem to have any idea of the magnitude of this crisis generationally. It’s already a foregone conclusion we have lost generations on our hands, any interventions we conceive needed to be implemented *yesterday*. It’s a big deal, society could very well simply cease to function within our lifetimes, and universities are but a part of it.

      3. I don’t know what anyone NOT DIRECTLY INVOLVED with a warped-minded individual could do. The Dean of the school should expel the lot of them in the above case. They should also can any professor who supports this kind of crap. A few instances of that, and a lot of the university rabble would get the message in a hurry. But nobody from the outside can force this.

        As far as the large number of idiots in the country at large, outside a violent revolution when based people start guillotining the Democrat Left, again any actions will have to be long term. Stop voting for Democrats period for the next 50 years until the party is drummed out of existence. Run your mouth online incessantly about the horrible crap Democrats do. Start getting in people’s faces and shame them. Accuse them of being evil monsters who want to castrate young boys and cut the breast off young girls. There is NO NONE NADA ZIPPO science behind the whole trans movement. There is a new link below. Stop buying from Woke firm. No more Disney trips and do not go to their movies period. If the Nazis ran a studio where they put out the occasional non-Nazi film, would you still buy a ticket? If you give money to NPR, stop it and tell them why.

        Overall, quit being polite. Stop acquiescing to their crap. If they try to make you go to a Dismantling Racism class at work, come right out and tell them NO! That you want to dismantle the Baby Daddy Culture instead. Be as big a jerk as these people are. There are more of us. Stop paying for streaming services where they constantly shove gay crap in your face. Stop subscribing to any Gannett newspaper. You can get news online.

        But none of these things are guaranteed to work at all. Because you really can’t change another person. They have to change themselves. What you can do, is start making them confront their evil. Does this work? Not necessarily. Look at our own resident shills here. They get dissed and corrected for years, and has it converted any of them? Nope. Of course, they may be getting a pay check to not be converted.

        Outside of that, I do not know what to do except pray for a big meteor to hit NYC, or for a huge financial depression to hit us. Even if Trump wins, he can not fix most of what is wrong with America, which is Americans themselves.

        https://www.zerohedge.com/medical/landmark-study-reveals-transgender-kids-actually-have-other-mental-health-diagnoses

        1. (There are more of us. ) For some reason (I am implicating our media/education industries) we seem to forget that these nasties who control all of this contrived chaos are a small minority who only have the power of the media/education industry and their acolytes embedded in our government agencies at all levels to promote the ideologies. If push came to shove – we out number them and we out number them in terms of the 2nd amendment. We are acting like p*ssies in the face of a fake bully. Time to stand up and push back.

    2. Floyd, great comment. Back years ago this little fascist idiot would have been tossed out for this action.

    3. Floyd,
      That is a very good point, re: thinking they know everything by their second semester.
      I can recall thinking I knew how the world worked as a teen.
      Then when I got into the real world and was smacked upside the head with reality, or cash flow, suddenly the world looks a whole lot different.
      But leftists never seem to get out of that mentality, seemingly think reality should be what they say or think. Then get upset when it does smack them upside the head.

  3. I note that this occurred in California where the world is upside down. In many normal states, this would have ended in a gunshot followed by a wake and later a burial or cremation. The only mitigating factor was whether the owner of the house was stupid enough to actually invite the perpetrators in or they stormed into the house without permission. Just make sure that when they start to fall from the GSW that they don’t fall outside the house. As a Houston policeman told a nurse friend in a neighborhood that was having many forced entries through windows. “Don’t shoot them in the window because they may fall outside. Make sure they are fully in the house, especially by the time the police arrive”. Granted that advice was given in the 1970’s but likely still prevails.

    1. GEB,
      In normal places, outside of CA, that was my thought as well.
      However, these are leftist professors who clearly do not think like us normal people do.
      And, technically, they did invite these nutjobs into their home.
      They did have some degree of warning of possible protests occurring.
      Think the leftist professors are going to be a bit more selective in whom they invite to dinner in the future?

      1. ‘Universities’ and their towns are not ‘normal’ in ANY state. Leftism, DEI the resulting and idiocy have infested academia throughout the country. It started in the late 1960’s, and has continued down to today.

    2. GEB said: “Just make sure that when they start to fall from the GSW that they don’t fall outside the house.”

      Those who live in a state that is less than ideally friendly to defense of home and property (a predicament unfortunately not limited to California) may find it handy to have a large back yard, few neighbors, and a working backhoe…

    3. There is no state, not even Texas, where this would have ended in a gunshot, or where such a shooting would not have resulted in a conviction for murder. Mere trespass doesn’t justify deadly force, not even in Texas where so many more things do justify it than anywhere else.

      A burglar can be shot, not for trespass, but because there is a rebuttable presumption that he poses a deadly risk to the home’s legitimate inhabitants. You are entitled to assume he’s there to injure or kill you, and to react accordingly. Where such a presumption is obviously wrong, the burglar may not be shot. Even in Texas, in such a case the homeowner would have to wait until the burglar stole something and was attempting to make off with it. His mere presence in the home, by itself, can’t justify deadly force.

  4. Amazingly (!?), US News still ranks Berkeley as a top law school with students demonstrating an astonishing lack of knowledge of the First Amendment.

    1. CAL BERKELEY – ONLY 23% AMERICANS IN AN AMERICAN UNIVERSITY
      ______________________________________________________________________________

      36% Asian

      23% American

      16% Mexican

      3% African

  5. The dean is a far lefty getting a taste of what he professes. The Jewish left is learning a lesson, let’s hope they understand it and rethink their naivety, instead of re-entrench themselves in their gullibility. I’m not optimistic, frankly, too much hubris and NGO $$$ on the line

    1. Neil,
      Is that not the funny part of this whole thing?
      They seem to think, in their naivety as you point out, “That cannot happen here!”
      And, then it did.
      They should be thankful one of them did not pick up a steak knife and use it for non dinning purposes.

      1. The Jewish left has been shocked by recent events even as it has been obvious for years. The Dean is a far lefty “protestor” himself and it is him and his cohorts that have raised this monster and it is wicked poetic justice watching him get eaten first and not last. The Dean and his far lefty wife have been preening for years, now they are shown on video grabbing an “oppressed” woman of color and demanding her to be silenced. I LOVE IT!

        Hey Dean, this is what you support.

        This is exactly the same as Maxine Waters (a real genius) saying that people need to get in the faces of conservatives at gas stations, restaurants and “department stores” (how old is she?) and then crying racism when protesters get in her face in a public setting. It takes a heart of stone to not laugh…and I don’t have a heart of stone.

        1. Why do you need to be old to speak of department stores? They’re still around and going strong.

      1. Yes, the Jewish left, that is Jewish people that are also liberal. Not a hard concept to grasp much like the religious right or the leftists in certain churches.

        1. Orthodox, conservatives observant Jews do resent that most people just assume that the apostates like chuck schumer and all the elite prog/left of Jewish genetic heritage represent the entire Jewish culture; they don’t. Orthodox Jews resent and abhor what the likes of schumer and goldman seem to imply about Judaism. Schumer is a jew in genetic tests only – he is a shill for progressives who give him more money than republicans to say and do what he does. There are many good books about how Felix Adler turned a great part of American Jewish culture to the progressive left and abandoned their observance of Torah and replaced it with the concept of Humanism/Progressivism. They have, sadly, strayed from the Torah and are lost.

  6. What is this revolting savage upset about? That Hamas is starving her people and using them as human shields ….? The downfall of Democracy is to not differentiate free speech from hate speech and our retarded immigration laws and officials who allow these inbred animals into the USA…it’s like giving pedophiles the keys to the kindergarten….

    1. The downfall of Democracy is to not differentiate free speech from hate speech

      There is no difference. The purpose of the 1st amendment is to protect obnoxious speech. Polite speech needs no protection.

      The problem evolved from all people have rights, to some protected classes of people have super rights. The issue of course becomes the constitution never provides for protected classes of people.

  7. I would also question the legal acumen of the National Lawyers Guild. Even though an individual may be recognized in public for their position within an organization does not make every place they are located a public event.

    For example: If I were a student of Professor Turley’s, and visited his office during office hours, even though he holds public office hours, it does not make my visit a public event, even though that visit takes place on the campus of Georgetown University. My visit would not open the event to others to intrude and protest in his office. Even if I was invited to an out-of-class meeting with him and a few other students, it is not a public event. And it certainly doesn’t open the visit to others not invited to stop in and protest over dinner and discussion.

    1. Except for the unhinged black cop that killed an unarmed young white girl and then got promoted to captain, yeah, pretty much a nothingburger – especially compared to other protests around the nation that proceeded it.

      1. You stated, “Except for the unhinged black cop that killed an unarmed young white girl….” It should read, “Except for the unhinged black cop that murdered an unarmed young white girl….”

  8. “Afaneh is claiming a First Amendment right to enter a private home . . .

    And I have a right to show you to the door — the one that opens to that Islamic hellhole you revere: Iran.

  9. Having EARNED a law degree in1969, I know classes at a law school for people such as this one are wasted! They are not interested in law; they are protestors, activists, people with a political agenda – calling themselves llaw students (and then lawyers and judges). Why coddle people such as this by eating supper with them or having them in one’s home? or creating “rights” classes rather than studying torts, contracts, procedure, criminal law, and the like?

    1. Thetennants, this is the end result of DEI. This young woman has no business being in law school.

  10. Let’s see how it’s going:

    Pentagon-being ruined
    Courts-being ruined
    Border-ruined
    Schools-ruined
    Med schools-ruined
    Law Schools-ruined
    Women’s sports-being ruined
    Energy sector-being ruined
    Middle East-being ruined
    Taiwan-on a death watch
    Stock Market-did you like the last week?
    Housing Market-in shambles
    Rule of Law-ruined

    This is what the Biden team has done in 3 years, why would anyone give them another 4?

    1. TBH, after obamma ruined AG, Defense, Commerce, and put into place NGOs (with extravagant funding) to dismantle most of the rest of the Fed agencies and infiltrate state and local, poor ole FJB didn’t have much left the destroy. But give FJB credit, he made the most of what was left.

      1. Mary, darn it, I forgot the State Department. Also, the America hating woman that Biden placed as AMBASSADOR TO THE UN????? UGH!

    2. hb: Great list. If I may add . . .

      Respect for presidency and SC — ruined
      Childhood innocence and protection from butchers — ruined
      America’s culture of individualism and talent — being ruined
      Free speech — corroded
      The dollar — a shell of its former self
      Our once-great cities — anarchy
      Intel agencies — politicized
      The law — weaponized
      Reverence for America — degraded

        1. Sam, Mary and Anonymous, I think we all agree that the list keeps getting longer every day.

  11. And in the not too distant future these students will be federal judges and you think they only want Trump in jail! Think again

    1. Dollar, this is exactly the type of lawyer that Biden has been nominating to judgeships the last three years.

      Who didn’t think that someone like Angela Davis would be through after she became a communist and was then arrested for buying the guns used in kidnapping and killing a judge and 3 others. Nope, she became a professor and has had a long and prosperous life.

      Who would have thought that a terrorist like Bill Ayers wouldn’t be through after his crimes were known? Nope, he went on to help start the career of Obama.

      Leftists never pay the price, never go away and never apologize for their crimes.

      1. HullBobby,
        At this point, they do the crime, then shout, “What are you doing to do about it?” in open defiance.

    2. When will people wake up to the bitter truth–let by JB’s puppet master, they want to transform America into a regime that treats whites and Christians, like another totalitarian regime treated its list of “Untermenschen” in recent history.

  12. How fascist think. And the college has a right to expell you.
    Time to end federal aid to college…they are training fascists

  13. Leftist either lack the knowlege, Dennis McIntyer proves that several times a day, Or they know the Justice system will go easy on them like Hunter Biden. Of course, even a modicum of manners and respect from leftist is setting expectations much to high.

  14. The students and their professors are hijacking our rights and laws, twisting the meanings to it their agendas, and completely disrespecting the ethical basis of our system of education, law, and civil discourse. Up to now, many universities and corporations have treated them with an appeasement approach, which they abuse. They are playing hardball. It’s well past time to stop them and discipline them. They do not mean well.

    1. completely disrespecting the ethical basis of our system of education, law, and civil discourse
      THIS

      The lefts positions always fail to prevail in the arena of ideas.

  15. “These students seems to be as unburdened by knowledge as they are civility.”

    And, reality.

  16. Interesting how these professors who teach these bananas to interrupt speakers on campus as free speech are offended when their the target.

  17. Sounds like NLG lawyers should be disbarred under the new legal Bar association standard that any legal theory not favored by the Bar is gross malpractice.

  18. I have not heard of the CA Governor speak on this issue. What if his home were targeted?

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