In a recent incident at the home of UC Berkeley School of Law Dean Erwin Chemerinsky, a congratulatory dinner for soon-to-be law graduates was interrupted by a pro-Palestinian student who began a heated speech about the Israel-Hamas war and refused to leave. The student, Malak Afaneh, who is a Palestinian American law student and co-president of Berkeley Law Students for Justice in Palestine, attempted to address the killing of people in Gaza due to the war. Video footage of the confrontation showed Afaneh calling for the university to divest from corporations involved in Israel’s war, with Chemerinsky and his wife pleading for the student to exit the dinner.
The conflict escalated as Afaneh was approached by law school professor Catherine Fisk, who tried to grab the student’s phone and microphone. Fisk, and Chemerinsky repeatedly asked Afaneh to leave their property, stating that she was not welcome at the event. Afaneh insisted that it was her First Amendment right to speak at the dinner, while Chemerinsky asserted that the First Amendment did not apply to his home. The situation became more heated as Fisk threatened to call the police, to which Afaneh responded, “Okay, you can call the police.”
Amid the scuffle, Afaneh claimed that Fisk had assaulted her by putting her hands on her hijab during Ramadan, which Chemerinsky denied. Chemerinsky expressed his disappointment in the students’ behavior, stating that he found it inappropriate for them to use the social occasion for their political agenda. He also mentioned an inflammatory poster that circulated prior to the dinner, depicting him with a bloody knife and fork and the words “No dinner with Zionist Chem while Gaza starves.” Chemerinsky stated that the other dinners would still be held with security present to prevent further disruptions.
Chemerinsky emphasized that his home was not a forum for free speech and any student who disrupted the event would be reported for violating the student conduct code. He expressed his sadness at the behavior of the students involved, noting that it was just a small number who acted inappropriately. Chemerinsky and his wife expressed their sadness that the celebratory dinner for law graduates was disrupted by the students’ political agenda and hoped that the remaining dinners would proceed without any interruptions.
The incident at Chemerinsky’s home highlighted the tensions surrounding the Israel-Hamas war and the strong emotions it evokes among students and activists. The clash between freedom of speech and private property rights resulted in a heated confrontation, with both sides asserting their beliefs and rights. This incident sheds light on the challenges faced by academic institutions in balancing free speech with the need to maintain a civil and respectful environment for all students. At the heart of the issue is the ongoing conflict in the Middle East and how it reverberates across college campuses and academic communities.
