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UC Berkeley

A Megaphone in the Dean's Backyard: Berkeley Law's Off-Campus Dinner Confrontation

CAcivil unrestadvisoryhigh confidence
Confirmed Threat

On the evening of April 9, 2024, Berkeley Law Dean Erwin Chemerinsky and Professor Catherine Fisk hosted approximately 60 graduating Berkeley Law students at a private dinner at their home. Student Malak Afaneh, co-president of Berkeley Law Students for Justice in Palestine, stood up with a microphone and amplifier and attempted to give a speech about Gaza. Professor Fisk attempted to physically remove the microphone; Dean Chemerinsky said he had asked the protester to leave because the dinner was at a private residence. UCPD did not respond to the home, but Berkeley Law issued a community-wide email the next day addressing the incident.

Alerts
1
Response
Killed
0
Injured
0
Institution
University of California, Berkeley
Public R1 · CA
~45,000 studentsRaveWarnMe
Confirmed Timeline

Alert Sequence

1 message in sequence

Some alert texts below are approximate reconstructions from news coverage, not confirmed verbatim transcripts. Reconstructed texts are shown in italic with a dashed border. Verified verbatim texts have a solid border and are marked accordingly.

INITIAL ALERTEmail
Dear Members of the Berkeley Law Community: I write today about an incident last night at my home, where my wife and I were hosting third-year students at a dinner. As the meal was beginning, a small group of students attempted to deliver a speech with a microphone. I asked them to leave because the dinner was at our private residence. They eventually did. There is no First Amendment right to come to a faculty member's home to protest. I remain deeply committed to the protection of free speech at Berkeley Law, both on campus and within the bounds of the law.

This text has been reconstructed from news coverage and may not reflect the exact original wording.

Reconstructed from Berkeley Law's official statement and Dean Chemerinsky's contemporaneous remarks; the Dean's Message is paraphrased in news coverage rather than quoted verbatim
No WarnMe (UCB's Rave-based emergency system) was issued because the incident occurred at a private residence in the Berkeley Hills, outside Berkeley Law's Clery geography
This is the rare case in the archive where a 'campus alert' was actually a dean-issued community email — a useful contrast with formal emergency notifications
Context

Background

Erwin Chemerinsky, Dean of Berkeley Law, invited graduating students to a series of three dinners (April 9, 10, 11, 2024) at his home in the Berkeley Hills. On the first night, approximately 60 students attended. As the meal was beginning, student Malak Afaneh — co-president of Berkeley Law's Students for Justice in Palestine chapter — stood up with a microphone and amplifier to deliver a speech about Palestinian casualties in Gaza. Professor Catherine Fisk attempted to physically remove the microphone; the resulting video circulated widely. The incident is unusual for the archive because no formal campus emergency notification was issued: the disruption occurred at a private home, not a Berkeley facility, so neither UCPD nor the WarnMe system was activated. Berkeley Law's communications response was a next-morning email from Dean Chemerinsky addressing the incident and reaffirming the school's commitment to free expression on campus. The University of California President and Board of Regents publicly condemned the disruption. The case has become a teaching example in higher-education law on the distinction between protected campus speech and disruption at a faculty residence — and on how schools communicate with their communities when an incident affecting a school's leadership occurs off-campus.
Analysis

Key Findings

One of the few documented professional-school 'civil-unrest' incidents where the formal institutional response was a dean's email rather than a Clery emergency notification — because the incident occurred at a private residence
Highlights the boundary between Berkeley Law's Clery geography and a faculty member's private home
Pre-dated the UC Berkeley encampment by roughly two weeks; widely cited as an early flashpoint in the 2024 spring campus-protest wave
Chemerinsky's response was used by FIRE and other free-speech organizations as a model of de-escalation that protected speech without invoking emergency channels
Outcome
Afaneh and several other students left the dinner. UCPD did not respond and no WarnMe was issued — the incident took place at a private home, not on Berkeley property. Dean Chemerinsky issued [a follow-up statement on free expression](https://www.law.berkeley.edu/article/deans-message-freedom-of-speech-at-berkeley-law/) on April 10, and the University of California President's office and Board of Regents condemned the disruption. No arrests were made.
Provenance

Sources

  1. Official
  2. News
  3. News
  4. News
  5. News
Tags
civil-unrestprofessional-schoollaw-schoolberkeley-lawchemerinskyfree-speechoff-campusno-emergency-notificationcaliforniaisrael-gaza-protests
Added May 2026Updated May 2026Via ingestion