This moment of reckoning is particularly acute at the University of California, Berkeley. This follows the university’s naming of those associated with a University Department of Education Office for Civil Rights investigation into claims of antisemitic harassment and discrimination. The university’s actions have resulted in serious violations of civil liberties. These events are reminiscent of our country’s fraught history with political repression and the dangers of acquiescing to federal demands.
David Robinson, UC Berkeley’s chief campus counsel, addressed a letter to the members of the campus community impacted. In it, he let them know their names were listed in complaint reports filed with OCR. Judith Butler, the renowned professor and globally influential theorist, got the first one. The letter served as a notice that OCR was pursuing a complaint that needed broad, systemic documentation.
Submitted hundreds of documents to the feds over the last several months. This extension went beyond just the names of students, but the likes of international lecturers and part-time faculty. The university’s administration said that it followed advice from the academic senate. They stressed the need to notify people each time their data is passed on to federal authorities.
We are very, very troubled that your high-profile university has been able to comply with most of the government’s requests.
“It’s shocking … did you consider not complying with this request?” – Judith Butler
She noted that UC Berkeley has been home to a long tradition of being a refuge for free speech and a marketplace of ideas on touchy issues.
“We’ve been a place where controversial public issues can be freely debated. We have different views on Israel-Palestine. We need to hear them even when they upset us. That is the spirit of the place that I have been championing and affirming for 30 years. So it’s a heartbreak and it’s disgraceful.” – Judith Butler
Butler argued the suspension of the university’s normal procedures for addressing complaints with focus on that individual outing series. He called out serious concerns with the possibility of violating individuals’ Sixth Amendment rights, stressing that all people have a right to know what they’re charged with and who is charging them with this.
“We have a right to know the charges against us, to know who has made the charges and to review them and defend ourselves,” – Judith Butler
Students and faculty at UC Berkeley are pushing for change. They are coordinating protests against what they consider breaches of public trust and due process. Butler was careful to explain her fears about what’s at stake long-term if put on a government list.
“We should not be naive. Will those of us named now be branded on a government list? Will our travel be restricted? Will our email communications be surveilled?” – Judith Butler
Rachel Zaentz, a spokesperson for UC Berkeley, acknowledged that like all public universities, it is subject to oversight by state and federal agencies. She reiterated that campuses are frequently on the receiving end of a document request due to an ongoing government audit, compliance review, or investigation.
“Like all public universities, the University of California is subject to oversight by state and federal agencies,” – Rachel Zaentz
Zaentz stressed that UC Berkeley is committed to protecting the privacy of its students, faculty, and staff. The university avoids providing every possible legal accommodation.
“Our campuses routinely receive document requests in connection with government audits, compliance reviews, or investigations. UC is committed to protecting the privacy of our students, faculty, and staff to the greatest extent possible, while fulfilling its legal obligations.” – Rachel Zaentz
In light of these events, Janet Gilmore, a third university spokesperson, doubled down on UC Berkeley’s promise to be transparent as federal investigations continue.
“We are committed to transparency and supporting our campus community while complying with federal investigations,” – Janet Gilmore
If Butler’s compliance with the law was laudable, she warned that the cost of that compliance could be catastrophic for so many members of the university community.
“The consequences of this compliance could be really terrible for a lot of people’s lives, most of whom are much more vulnerable than I am,” – Judith Butler
She called for a fight to stop what she called the normalization of injustice by giving in to governmental coercion.
“It is a time to resist injustice that now threatens to be normalized by those who capitulate, sometimes in advance, to bullying tactics of extortion at the expense of basic standards that govern shared governance, institutional autonomy, due process, and fair review,” – Judith Butler
Butler’s comments come amidst growing worries over academic freedom and the integrity of our institutions under a rising tide of government examination and intrusion. Perhaps the most important factor adding pressure to the university’s dilemma is its storied history as a campus of free expression.