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Extracted Text (OCR)
4.2.12
WC: 191694
in the marketplace of ideas. The ACLU policy has always been to oppose concerted efforts to
prevent speakers from delivering their remarks, as evidenced by the brief filed in its name in the
Franklin case. While supporting sporadic heckling and jeering that merely demonstrates
opposition to the content of the remarks, the ACLU has always condemned type set of concerted
efforts to silence invited speakers that occurred at Irvine.
Yet signatories of the letter -- which never once criticizes the censoring Muslim Union students
while condemning those who wanted to hear the speaker -- include "Chuck Anderson," who
identified himself as President ACLU Chapter, Orange County and Chair, The Peace and Freedom
Party, Orange County;" (a hard left anti-Israel group), and "Hector Villagro," who identified
himself as "Incoming Executive Director, ACLU of Southern California."
Dean Chemerinsky, while opposing criminal prosecution, made a point to condemn the censoring
students:
“The students’ behavior was wrong and deserves punishment. There is no basis for the
claim that the disruptive students were just exercising their First Amendment rights. There
is no constitutional right to disrupt an event and keep a speaker from being heard.
Otherwise, any speaker could be silenced by a heckler's veto. The Muslim students could
have expressed their message in many other ways: picketing or handing out leaflets
outside the auditortum where Ambassador Oren was speaking, making statements during
the question and answer period, holding their own events on campus.”
The ACLU leaders, on the other hand, seemed to justify the actions of the censoring students
while limiting their condemnation to the pro-Israel students who wanted to hear the speaker.
After being criticized for supporting censorship, Villagro sought to justify his signing the letter by
the following "logic:"
“The district attorney's action will undoubtedly intimidate students in Orange County and
across the state and discourage them from engaging in any controversial speech or protest
for fear of criminal charges.”
The opposite is true. If these students had been let off with a slap on the wrist from the
University, that would encourage other students around the nation and the world to continue with
the efforts to prevent pro-Israel speakers from delivering their speeches. Indeed, even after these
students were disciplined, other students tried to shut down several Israeli students, who had
served in the Israeli Army, from recounting their experiences. Had the school administered
appropriate discipline, I could understand an argument against piling on with a misdemeanor
prosecution, but the red badge of courage given to them by the college only served to encourage
repetition of their censorial conduct.
[37
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