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.
Why wouldn’t simple trespass be applicable? Since when are home invasions okay for a political reason?
Correct, now find LEO’s and their DA’s who still respect the rule of law. This infestation of this ort of ideology is endemic to our nation at this point and we need a purging to cleanse our entire nation of this poison. Talking about it will never solve it, we are like a house infested with termites that our destroying the structure from the inside. Time to tent the house and neutralize all the termites.
They were invited.
Be careful whom you let into your home.
And they were directed to change their behavior. The alternative was to leave.
It would be applicable AFTER Afenah is asked by the Cherminsky’s to leave.
Iran has launched drones against Israel and told Biden to stay out of it.
This probably wouldn’t be happening if the election hadn’t been stolen and Trump were in charge.
I wonder how many of those drones were paid for with the billions Biden sent to Iran?
Young — of course among the sane, we know that the only person to ty to steal an election recently was The Donald who egged on his myrmidons from the White House to the Capitol.
And the billion of released Iranian money obtained hostage release.
“Myrmidons?”
I LIKE it!
You may have failed, however, to accurately calculate the “Fog Factor” related to a public audience, D.B.
Myrmidons should be capitalized. It’s a proper noun. David is still struggling with his English.
David- You made a typo and spelled ‘sane’ when you clearly meant ‘insane’.
RReakky, Every time we manage to get Testimony or video or any other FACTS about the 2020 election – it strongly suggests it was rigged, stolen, lawless, , fraudulent.
At the bare minimum we KNOIW – indisputably that government actors, – and governt agents – those paid by government funds.
During work time, or using government funds actively engaged with Social media (and the MSM) to politically censor information about the 2020 election benefitical to Trump and/.or harmful to Biden.
That is a violation of the hatch act, it is criminal, and it is election fraud.
That is an OPEN AND SHUT case.
And the same is true the more we learn about J6. The lefts narative has not aged well.
The approximately 20sec clip of violence at the capitol – in false color, is almost the only violence in nearly 50,000 hours of video of the event.
And then there is the obvious idiocy that Trump ploted a violent take over of the government by …..
Sending thousands of unarmed people to the Capitol.
A significant portion of these people were military, police, and ex military and police.
I would guess that on average the people involved in J6 own about half a dozen guns each.
If these people intended an insurrection – they probably could have brought 100,000 AR-16’s.
These guys did NOT even bring the typical left wing protestor tools of villence. No frozen water bottles, no molotov coctails.
No riot gear, no body armour, no lasers to blind police, no fireworks.
The average BLM protestor is far more prepared to overthrow the government, burn down and bomb police stations or federal courthouses. Burn churches and retail stores. Because what peaceful protest does not involve breaking shop windows at Nordstorms and going home with a new designer bag ?
The people participating in J6 were NOT for the most part the amateur nut jobs that go to left wing protests.
Had they acxtually wanted to “insurrect” – Then Pence would have been actually hanged from a real gallows – not a rickety toy that was prominently posted “This Is Art”.
Reality aparently eludes you.
And the billion of released Iranian money obtained hostage release.
Oh, so you admit that. 0bama and Biden denied it up, down, and in every direction. Good to hear that you agree they were lying.
Of course we all knew all along that they were lying, and it was a ransom payment, which is exactly why it’s so outrageous and irresponsible, and why they deserved to be impeached for it, if not charged with treason. They gave the enemy the means to kill thousands of our own people, just because they held a few hostages. That is not acceptable behavior. Not when Israel does it, and not when the USA does. The most basic rule of dealing with kidnappers is that you do not ever pay ransom.
Not paying ransom is also one of the first principles of US foreign policy ever articulated. “No, not a sixpence”. Or, as it has mistakenly gone down in history, “Millions for defense but not a penny in tribute”. 0bama and Biden violated that principle, and we are still paying the price, just as Israel is paying the price for the reckless “prisoner exchanges” it agreed to in the past.
OT
General Secretary of Corruption Joke Buydone and the communists (liberals, progressives, socialists, democrats, RINOs, AINOs, illegal alien invaders, freaks, perverts, enviropsychos) have started World War III.
Can this supercritical event be reversed?
Real President Donald J. Trump would have precluded and never facilitated or allowed World War III to develop by Making America Great Again and maintaining global equilibrium.
Not clear what Dean Chemerinsky can do about the student disruptions other than decline to provide the students with letters of recommendation. If the event was not an official law school event he probably can’t seek sanctions under the law school’s code of student conduct.
Why not? Students don’t get to commit crimes or misbehave just because they’re not at a school event.
I believe the chickens are coming home to roost Professor
What the —- is this ——- foreigner doing in this country?
Exactly when, and by how many votes, were the deliberate and intentional 75-year-old Naturalization Acts of the American Founders and Framers formally and legally repealed?
Answers: Never and none.
______________________________
Naturalization Acts of 1790, 1795, 1798, and 1802 (four clear iterations)
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….
________________________________________________________________________________________________________________________________________
Lincoln fully understood:
“If all earthly power were given me, I should not know what to do, as to the existing institution [of slavery]. My first impulse would be to free all the slaves, and send them to Liberia, to their own native land. “[Should ——-s be made] politically and socially our equals? My own feelings will not admit of this, and [even] if mine would, we well know that those of the great mass of white people will not … We can not, then, make them equals.”
– Abraham Lincoln, Peoria, Illinois, October 16, 1854
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,….”
The home as one’s Castle Doctrine should apply to this Trojan Horse invasion of one’s home.
This is clearly a home invasion under the Trojan Horse model and the home owner should be allowed to use deadly force to preserve his castle.
“[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”
– James Madison
Excellent
Just try that at my house, my castle, and see what a trespassers gets in response! You do not have the right to invade my property let alone my house!
The protestors should be denied their diplomas. They do not qualify to practice law. The state bar ethical committees should deny their admisdion to the bar.
OT
E. JEAN CARROLL IS A CRIMINAL
“Police took possession of E. Jean Carroll’s unregistered gun after her testimony in Trump defamation trial”
Carroll revealed on the witness stand this year that she had a handgun at home but didn’t have a license for it.
Under New York state law, a person can be found guilty of criminal possession if they possess a firearm, such as a pistol, that has not been registered. The felony carries a maximum sentence of four years. It was unclear why police waited almost a month to inquire in person about the unregistered gun Carroll said she had at her house or whether police are still in possession of it. During the second day of the civil trial, Carroll had told the federal court in lower Manhattan that she kept a “high standard revolver, nine chambers” at home with ammunition. “By my bed,” she said. “I still do not have a license,” Carroll added. John Rader, the reporting officer, said in his report that he “offered to secure the weapon at the police station’s property for safekeeping.” Carroll and a member of her security team surrendered the gun a day after Rader visited, and the firearm was being held until Carroll receives a New York pistol license, the report said.
– NBC NEWS
Here is a slam dunk fellony conviction in Manhattan – Where is Alan Bragg ?
It’s not Manhattan. Bragg can’t charge her, even if he wanted to (which of course he doesn’t).
All I will say is Just Believe Them When They Tell You They Hate You https://shorturl.at/adewI
Dean Chemerinsky merely needs to see that They receive [F]s for their Grades.
They will either stay forever, lower their GPA until they are dismissed, or eventually leave.
Chemerinsky has to sign off on their Record at some point. That’s the Power of the Pulpit of the Dean.
“It’s Not Nice To Fool Dean Chemerinsky!”
It amazes me that a third year law student can know so little of the law of property, trespass and the first amendment. I my mind, it raises questions about the quality of the education she was getting.
Yup, the quality of education gets you people like DA Alan Brag, DA Fani Willis, and AG Letitia James. Supported by DEI and not much education. Just passing grades.
Same thing is happening in medicine.
It doesn’t surprise me in the least. In fact, I doubt that “the law of property, trespass, and the first amendment” have much to do with anything she might have done. The law of property has nothing to do with controlling the behavior, or lack thereof, of a guest, invited or otherwise. I took all of one class in criminal law and I remember very little of it, but I am pretty sure that we didn’t spend much time talking about the law of misdemeanor of trespass. Trespass is not as easy to charge as you might think It sounds like she might have been invited to this event, which would have negated out the trespass claim, however, her behavior appears to have changed while she was in attendance, resulting in her being asked, and apparently refusing, to leave. That might be enough for “trespass”. I also don’t see where there is a 1st Amendment issue, this occurred on private property and at least according to the host, was not a law school function, so there would no “state” involvement. Kicking her little ass out the door seemed like the proper response for her behavior.
You wonder all over but sort of get to the actual law eventially.
Yes, Property rights DO involve the conduct of others. Property rights are LITERALLY about the right to CONTROL the conduct of others with respect to YOUR property. Whether others are allowed to enter it, what they are allowed to do if they enter, whether they can stay if invited, the requirements to use force in order to reclaim your control of your property.
Regardless, she WAS invited. She was also asked to conform her behavior to the expectations of the owner when ger behavior offended them – that is a conditional demad to leave or conform behavior – and it is the right of most any property owner.
Refusing to leave when asked is tresspass. Refusing to conform your behavior to the expecations of the private property owner is disorderly conduct.
Further the enforcement of property rights includes the justification to use reasonable force to regain control of your property if that has been taken from you.
It is generally wise for owners of private property to have police or security apply that FORCE – that is their job, they generally know what they are doing and they assume the liability should they overstep.
But there is nothoing that the police can do to protect private property that the property owner can not do themselves.
That includes removing someone by force.
Chas: She knows. Just doesn’t give a s–t.
If UC Berkeley allows radical Muslim insurgents to mock our sacred 1st amendment rights these outrages will spread further dividing American civil society. What rational future professor would open his/her home to abuse and mockery? But, creating chaos and vitriol is a feature of the Leftists agenda, not a bug.
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. Perhaps both should be considered for relocation out of the U.S.
DEPORTATION NATION!
Relocation sounds like an interesting plan.😀 If Afaneh were to start chanting at my dinner table, I’d “relocate” her and her silly, righteous face out the door.
Unfortunately US citizens can’t be deported. And US citizenship, once legitimately obtained, can’t be revoked involuntarily. I don’t know whether this Afaneh person is a US citizen, but the communists of the National Lawyers Guild are, so they’re our communists and we can’t deport them.
People like Fisk and Isaacson would celebrate me this kind of uncivil behavior if directed at Donald Trump or Turning Point USA. But they expect civility towards themselves.
Well, if the Ninth Circuit upholds that private dinner parties held off school grounds are protected First Amendment speech, god help us Jonathan. Malak Afaneh is dumber than she looks, but will be heralded by the Rep. Rashida Tlaib and the Squad shortly.
Are the Chemerinskys the modern version of ( Tom Wolfe’s ) Flak Catchers ?
Dear Prof Turley,
If you ask me to dinner, I would expect some of that pudding pie you keep bragging about. .. food for thought.
Saying “as-salamu alaykum” — or peace and blessings to you — is not much of a protest. Otoh, who goes to dinner with a microphone?
I can see how advertising your dinner Hosts as blood-soaked genocidal ‘Zionists’ might be a problem. Joe Biden is a ‘Zionist’, and he’s not even Jewish. Who invited this pro-Palestine ‘activist’ to dinner anyway? They were just asking for it.
There are all kinds of ‘activists’ these days. Some of them crash garden parties or write obscure ‘blogs’ on the internet. Some of them teach at prestigious universities (see, e.g., The ‘whirling’ Dershowitz & Prof Tribe @ Harvard.) or write for the NYT. .. the nastier ones seem to be running the federal government right now.
If you ask me dinner, you’ve got to Feed me.. . ‘knowledge is a single point, but the ignorant have multiplied it.’
*I got two turntables and a microphone .. .
Domestic insurrection. Is California a Capitol (sic) punishment jurisdiction?
n.n said: “Is California a Capitol (sic) punishment jurisdiction?”
Only for those who commit a qualifying crime. Those crimes are: white; breathing.
Thank you so much, Abe!
The first amendment only applies when it is something the speaker wants to say. If the speaker doesn’t like what some other person has to say, then it is misinformation, disinformation, that is not protected by the First Amendment. This is what people today really think about the first amendment. I teach a class to senior citizens in constitutional law and virtually the entire class was astonished when I told them that misinformation is protected speech as long as it does not fall into categories like promoting a criminal conspiracy.
The 1st amendment only applies to government restrictions as well.
I tell people they don’t get to be the deciders of what I say.