Erwin Chemerinsky, the new dean of Berkeley Law, has been making waves in campus politics regarding free speech issues. Chemerinsky is a major constitutional law scholar, an outspoken liberal and a free speech absolutist. He’s the perfect figure to defend the UC Berkeley’s administration from people who are angry about far-right provocateurs and hundreds of cops being on campus. At speaking events and in writing, he has mainly argued that the administration is following First Amendment requirements to not discriminate on the basis of political ideology.

At a recent administration-sponsored Faculty Panel on Free Speech, the audience applauded when professor john a. powell said “the defining issue of the country is white supremacy” and not free speech. It was refreshing to hear this after every other panelist (including Chancellor Carol Christ and Chemerinsky), all of whom were white, failed to even mention the issue.

Free speech does matter, but discussing it is useless without the pressing context of racism. “Free speech” alone cannot explain why the administration just spent $800,000 on an unsponsored, 15-minute appearance by the racist Milo Yiannopoulos. To explain that, we have to include an analysis of the growing far right movement that is trying to use Berkeley as a hunting ground. We have to contrast the city’s protection of racists to its rejection of thousands of anti-racist protesters, to whom it denied rally space Aug. 27. When we talk about free speech, we have to talk about the “Palestine Exception to Free Speech,” the administration’s temporary suspension of a Palestine-related course last year, and chilling posters on campus smearing Palestine scholars as “terrorist supporters.” Both the administration and Chemerinsky, however, disregard this context of racism.

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