Since the announcement of Mr. Yiannopouloss visit, we have received many requests that we ban him from campus and cancel the event. Although we have responded to these requests directly, we would like to explain to the entire campus community why the event will be held as planned. First, from a legal perspective, the U.S. Constitution prohibits UC Berkeley, as a public institution, from banning expression based on its content or viewpoints, even when those viewpoints are hateful or discriminatory. Long-standing campus policy permits registered student organizations to invite speakers to campus and to make free use of meeting space in the Student Union for that purpose. As mentioned, the BCR is the host of this event, and therefore it is only they who have the authority to disinvite Mr. Yiannopoulos. Consistent with the dictates of the First Amendment as uniformly and decisively interpreted by the courts, the University cannot censor or prohibit events, or charge differential fees. Some have asked us whether attacks on individuals are also protected. In fact, critical statements and even the demeaning ridicule of individuals are largely protected by the Constitution; in this case, Yiannopouloss past words and deeds do not justify prior restraint on his freedom of expression or the cancellation of the event.
Berkeley is the home of the Free Speech Movement, and the commitment to free expression is embedded in our Principles of Community as the commitment to ensur(e) freedom of expression and dialogue that elicits the full spectrum of views held by our varied communities. As a campus administration, we have honored this principle by defending the right of community members who abide by our campus rules to express a wide range of often-conflicting points of view. We have gone so far as to defend in court the constitutional rights of students of all political persuasions to engage in unpopular expression on campus. Moreover, we are defending the right to free expression at an historic moment for our nation, when this right is once again of paramount importance. In this context, we cannot afford to undermine those rights, and feel a need to make a spirited defense of the principle of tolerance, even when it means we tolerate that which may appear to us as intolerant.
