UCLA Law School Threatening to Punish Federalist Society Members if They Identify Student Protesters at Recent Event

UCLA Law School is under fire from U.S. Senator Eric Schmitt (R-MO), and a free speech organization for threatening to punish Federalist Society members if they identify the students who disrupted their campus event last month with the Department of Homeland Security general counsel.

In his May 8 letter to UCLA Law School Dean Michael Waterstone and UCLA Chancellor Julio Frenk, Schmitt said,  “UCLA Law’s email threatened disciplinary action for protected speech. The First Amendment prohibits government actors from punishing someone for publishing truthful information related to an event of public importance. Releasing the names of the students who disrupted the event would undoubtedly qualify as protected speech under that standard.  By threatening the students who engaged in constitutionally speech UCLA Law violated the First Amendment.”

The Law School now officially claims the initial threat was merely a misunderstanding. But with its cagily worded statements,  the administration is still allowing the threat of punishment to hang over conservative students inclined to out the hecklers.  The assistant dean who issued the initial warning even seemed to double down on it despite receiving considerable blowback.

Foundation for Individual Rights and Expression lawyer Jessie Appleby told the California Globe she considers the matter “unresolved.”

In emailed comments,  Appleby said the School’s subsequent  promise not to punish students for “protected speech”  is unsatisfactory because the broad wording does not address the specific speech–namely identifying the hecklers–at issue.

“We were initially gratified to see UCLA promise that it would not discipline FedSoc members for protected speech. But when we pressed UCLA for clarification to make sure we were all on the same page as to what that meant, the response received did not provide the assurance we were hoping for. Instead, the response seemed to suggest again that FedSoc members could be subject to discipline for identifying student protesters seen on video disrupting their event. Given these confused and inconsistent responses from UCLA, we consider the matter unresolved. In short, we’re pleased that UCLA has promised not to discipline FedSoc members for protected speech, but we need confirmation that that promise includes the speech at issue here (identifying student protesters) before we can consider the matter resolved.”

The fracas dates to April 21 when the Federalist Society UCLA chapter hosted DHS General Counsel James Percivial at an event titled “Inside DHS.”

According to the College Fix, protestors in the audience yelled at Percival while he was speaking  and waved signs that said, “Fuck you loser,” “Stop caging kids,” “How’s Trump’s cock taste,” and “ICE out.”

“Attendees also played out sound effects, including doorbell noises and ringtones. After about 30 minutes, law professor Jon Michaels – who gave opening remarks – asked the audience to silence their phones. Attendees then clicked pens and tapped on desks.”

Then they stormed out of the event.

The protestors were not disciplined.

Instead, the hammer came down on the Federalist Society the following day.  Assistant Law School Dean Bayrex Marti quickly warned student members that they could be punished for revealing the names of the protestors.

Marti told UCLA Federalist Society president Matthew Weinberg that if his organization revealed the names of the protestors online they could be subject to “campus processes.”

That threat prompted FIRE lawyer Jessie Appleby to write a letter on April 27 to  UCLA Law School Dean Michael Waterstone saying “publishing truthful information” is protected by the First Amendment.

UCLA Law School then issued a statement to the College Fix saying, “UCLA does not discipline students for speech that is protected under the First Amendment. The initial communication was not intended to suggest otherwise.”

But around the same time that statement was issued, Marti was, in fact, doubling down on his initial threat.

Matthew Weinberg emailed Marti to ask if “hypothetically” a student protester identified online filed a complaint “would an investigation be opened? Or would the school close the complaint without action on the basis that the speech is protected?”

Marti’s reply left open the possibility of disciplinary action.

He said, “Any hypothetical situation involving unprotected behavior that violates UCLA policies would need to be addressed on a case-by-case basis if and when it occurs, in accordance with the applicable conduct and university policies before any decision is reached or action is taken.”

Of course, the actual students who disrupted the event still have not been disciplined.

So it sounds like heckler’s veto now comes with guaranteed anonymity at UCLA Law School.

Marti and Dean Michael Waterstone did not reply to detailed inquiries yesterday from the California Globe asking if students would be disciplined for identifying the protestors.

But it looks like one or both of them forwarded the emails to a spokeswoman.  She said, without answering the key question that, “As a public university, UCLA is committed to upholding the First Amendment rights of all members of our community. UCLA does not discipline students for speech that is protected under the First Amendment.”