In a relatively candid moment, University of California Berkeley School of Law Dean Erwin Chemerinsky stood in an event hall at San Francisco’s Museum of Modern Art on Thursday and issued a warning to an attentive audience.
“I’ve never been so afraid or imagined being so afraid for the future of our democracy, including the future of freedom of speech,” said Chemerinsky.
He spoke at the UC Berkeley Art, Law and Finance Symposium, which examined the intersection of the art world with law, finance, technology, sustainability and culture through dialogue, education, research and policy work, according to the event’s website.
Chemerinsky gave a 20-minute keynote address on the legal framework that supports First Amendment rights and, in his view, how that framework is being tested by President Donald Trump’s administration.
He noted that not only has the federal government attempted to restrict funding to museums that present “a negative view of American history,” but has also restricted funding for medical and scientific research based on what the administration views as “ideology.”
The administration has repeatedly called things “woke” that include women, the LGBTQ community or people of color and has taken down installations at national parks and museums that they accused of being “DEI,” or promoting diversity, equity and inclusion.
“It’s important to remember that the First Amendment applies only to government institutions,” said Chemerinsky. “Private institutions don’t have to comply with the First Amendment. So, the state of California, in all its parts, must obey the First Amendment, but a private museum or a private company doesn’t.”
UC Berkeley researchers have sued the federal government to restore terminated research grants, arguing that ideology was used to determine if a grant should be canceled or not, in violation of the public intuition’s free speech.
Acting as co-counsel in the case, Chemerinsky learned that the Trump administration was searching for terms like “gender” or “diversity” on awarded grant proposals and canceling them based upon these words, he said.
While the case is still ongoing, Chemerinsky noted that both the lower courts and appeals court have agreed and ruled in favor of his argument.
In closing, Chemerinsky encouraged the audience to pay attention to what’s happening, get active in the cause of democracy, and speak out for the things they believe in.
“I think the crucial question is, will we be condemned for our capitulation and silence, or will we be praised for our courage and our resistance?” he said.