Ann Coulter vs. Berkeley, Round 2

The fight over whether and when Ann Coulter will speak at the University of California, Berkeley, did not end with the university's invitation to her to speak there May 2.

Before that invitation was extended, the university had said it could not allow campus Republican groups to host her talk April 27 because of security concerns, and that she would have to wait until the fall semester. Amid charges that it was denying Coulter a platform due to her views (charges Berkeley officials repeatedly denied), officials regrouped and said they had found a location on campus where she could appear with security assured, on May 2.

But the fight is not over. Coulter is vowing to show up Thursday. And she's suggesting that she will sue Berkeley for insisting that she appear May 2 instead. The university, meanwhile, is accusing Coulter and her campus fans of distorting free speech principles, and putting the safety of Coulter and any who might attend her talk in danger.

Further, the university is arguing that a commitment to free speech does not mean that it has to agree to let Coulter appear at any time or any place -- and that its objections to her plans have nothing to do with her political views.

A letter from a lawyer representing Berkeley College Republicans and Young America’s Foundation -- two groups seeking to bring Coulter to campus -- says that May 2 is an inappropriate date because it comes during the study period after classes end and before final exams. This date was selected, the letter says, to depress attendance and because Coulter will no longer be in the area to give a talk.

Further, the letter accuses Berkeley of a pattern of "similar silencing" of guest appearances of conservative thinkers. It cites the planned appearance of former Breitbart editor Milo Yiannopoulos in February, which the letter says was "canceled at the last minute on the pretext of being unable to provide adequate security."

Berkeley officials defended the right of Yiannopoulos to appear (amid considerable criticism from campus groups for not blocking him from appearing). The university called off the event as it was about to start, as noncampus groups engaged in violent protest and vandalism while student groups engaged in nonviolent protest.

In a letter back to the conservative groups' lawyer, Berkeley defended its actions. The Berkeley letter said that the campus groups bringing in Coulter signed contracts with her before conferring with the university about security issues. When Berkeley learned of the invitation, officials were concerned because of the violence that accompanied the Yiannopoulos visit to campus, and violent clashes among protesters in the city of Berkeley more recently. The university rejected the April 27 event based on "mounting intelligence that some of the same groups that previously engaged in local violent action also intended violence at the Coulter event."

Further, the university said that -- when security issues are involved -- student organizations don't have an absolute right to host events whenever they want. "Student organizations’ access to event venues on campus is subject to the availability of venues of appropriate size and the ability of the university to provide adequate security," the letter said. "Security risks of each event are evaluated independently. Differences in the management of event security have nothing to do with the university’s agreement or disagreement with the opinions of the speakers, but are based entirely on [the police department's] assessment of the security risks and the measures needed to minimize them."

Finally, the university said that it is untrue to say that Berkeley hasn't worked to allow conservative student groups to hold events, even those requiring security. "This semester, UC Berkeley has dedicated more resources -- in the form of staff time, administrative attention, police resources and cash outlay -- to facilitating BCR's [Berkeley College Republicans'] expressive activities than have been devoted to any other student group in memory. Dedicated staff and administrators have spent countless hours, including during weekends and vacations, working to enable BCR’s planned events and to maximize the possibility that those events can occur safely for the participants, the speakers, our students and others in our campus community."

Yiannopoulos Plans Return

Whatever happens with Coulter this week, Berkeley appears likely to continue to be the focus of debates over free speech and security. Speakers known for their inflammatory statements -- and for attracting both violent and peaceful protests -- are vying to visit the campus.

Since Yiannopoulos tried to speak on campus in February, he has gone from a conservative hero to (in some circles) a conservative embarrassment. In February videos circulated in which Yiannopoulos appeared to defend sex between boys as young as 13 and older men. Yiannopoulos has since said that his views were distorted and that he was talking about older teenagers, and that he opposes the sexual abuse of children. But the Conservative Political Action Conference withdrew an invitation for him to speak there, and Yiannopoulos all of a sudden became someone not just opposed by many campus groups for his rhetoric, but by conservatives as well.

But Friday, Yiannopoulos on Facebook announced his plans to return to Berkeley.

"I am planning a huge multiday event called Milo's Free Speech Week in Berkeley later this year. We will hold talks and rallies and throw massive parties, all in the name of free expression and the First Amendment," he wrote. "Free speech has never been more under threat in America -- especially at the supposed home of the free speech movement. I will bring activists, writers, artists, politicians, YouTubers, veterans and drag queens from across the ideological spectrum to lecture, march and party.

"Milo's Free Speech Week will include events on the UC Berkeley campus. We will stand united against the 'progressive' Left … Free speech belongs to everyone -- not just the spoiled brats of the academy … Each day will be dedicated to a different enemy of free speech, including feminism, Black Lives Matter and Islam. If UC Berkeley does not actively assist us in the planning and execution of this event, we will extend festivities to an entire month. We will establish a tent city on Sproul Plaza protesting the university's total dereliction of its duty and encourage students at other universities to follow suit."