Orange County DA shouldn't go after UCI students, protesters say

More than 50 protesters – some with masking tape over their mouths -- rallied in front of the Orange County district attorney’s office on Tuesday, objecting to subpoenas and a grand jury investigation that could lead to criminal charges against 11 students who interrupted a speech by the Israeli ambassador last year.

The Muslim Student Union, which denied planning the interruptions, was suspended for one year and some have criticized their method of protest, but the “Irvine 11” have gained widespread support from students, civil libertarians, religious leaders and even a top UC Irvine administrator who said that university sanctions were sufficient and that the district attorney should stop meddling.

“These students aren’t criminals, they shouldn’t have their lives ruined by criminal charges at this point,” said Carol Sobel, an attorney who has worked with the “Irvine 11” and represents the other six students who were subpoenaed. “And we should all move forward.”

The Feb. 8, 2010, incident sparked a debate about free speech at the campus after a group of students interrupted a talk by Michael Oren, the Israeli ambassador. Oren was shouted down repeatedly, and supporters cheered as students were escorted away by police.

It was one of the first instances in recent memory where the school recommended the ban of a student group for an action other than hazing or alcohol abuse.

Reem Salahi, an attorney who has represented the 11 students, said a handful of students have asked her about the implications of protesting.

"It’s very terrifying that students feel that they can’t even protest,” she said. “That goes against the very grain of democracy.”

The district attorney’s office declined comment. The office has one year after the event to file charges.

At the protest Tuesday in Santa Ana, people held signs that read, “Don’t criminalize my classmates.”

Hamza Siddiqui, a UC Irvine senior and an organizer of the protest, worries about the long-term effects of criminal charges on the students, many of whom he considers close friends. Some are graduate students and potential medical students.

“These students are super bright kids, and this has the possibility of really messing up their futures,” he said.

Criminalizing protests like the one at UC Irvine could have a chilling effect on freedom of expression and make such dissent unacceptable, Siddiqui said.

Erwin Chemerinsky, the dean of UC Irvine’s law school, said the issue is not about free speech or expression but about appropriate punishment.

“I think university discipline is sufficient for this,” he said.

Chemerinsky said there is no 1st Amendment right to go into an event and keep it from happening.  “I favor them being punished by the university because what they did was wrong,” he said.

Sobel said the nation has a history of heckling.  “It happens at City Council meetings all the time,” she said.

RELATED:

UC Irvine seeks to suspend Muslim student group

UC Irvine shortens but won't lift campus ban on Muslim group

UCI students who protested Israeli ambassador likely to face grand jury probe

--Nicole Santa Cruz in Santa Ana

Comments

[uncle_charlie]

Let these clowns go but let them know that freedom of speech allows those to speak that you do not agree with. Why throw them in jail and give them a record. Just take away their iphones.

[christian h.]

This is the most ridiculous - and simultaneously the most disturbing - assault on the right to dissent I've seen in a long time. Speakers at events - including those at UCI - are routinely heckled and interrupted. Max Blumenthal spoke at UCI last year and the event was severely disturbed by members of the UCI College Republicans. Yet I wouldn't dream of calling for prosecuting those right-wing hecklers. And of course the UCI administration has not sanctioned either the College Republicans or the individual hecklers in any way.

[Alex]

Take away their iphones? YOU MONSTER!
On a more serious note, UCI students, "potential medical students", "bright kids," seriously? They resulted to heckling, that's just an upgrade from putting their fingers and their ears and yell "la la la la". I don't see any big lost in not having these kids as future doctors, but why would we waste the money? Releasing them to their parents so their parents can waste more money on their tuitions is cruel enough I think.

[Bruce]

It's about time to let this go. I agree with Chemerinsky...let the University handle it.

[MissMarple]

There probably won't be criminal charges. However, in the last 10 years, there have been many anti-Semitic incidents in addition to anti-Israel incidents that have been "forceful", and frightening. It is well known in the Jewish community that UCI is unwelcoming to Jews, and it is better to go somewhere else if you can.

It wasn't merely disingenuous of the Muslim Student Union to deny that their disruptions, shouting down the speaker, wasn't planned. It was cowardly. Cowardice is intolerable. They are not worthy to be found to have conspired. They are children playing games.

[steveg68]

The accusation that Michael Oren "is propagating genocide" is so misguided and preposterous that these protesters might as well spend the rest of their lives with duct tape on their mouths.

[st clair]

I agree in freedom of speech, however, I watched these students they were allowed to speak-but they didn't want to stop. That is the difference, they wanted to not only interrupt, but to refuse those on stage their freedom of expression. When one goes on and on and on, to halt the guest, this is a reason to remove them-as they have no respect, or intent of stopping-it was organized, and it showed their utter disrespect for the institution where they were getting their education. I say go further, their intent was vicious, racist, and to me they should be permanently barred and prosecuted. I would expect any one from the other side of the aisle who behaved like this to get the same treatment. Reality is however, you won't see this from the other side-they truly respect the freedom of speech, it would have never gotten to this level.

[Lisa Mar]

Protestors get arrested all the time. Let these whimpy kids get arrested like anyone else would. If they want free speech, get arrested like anyone else who disrupts/protests does. Bunch of whimps!!

[D.D.]

I am attending UCI. All of us who attend this school have brains that are reasonably working, otherwise we'd be on probation or get kicked out before we know it. Therefore, to say that just because the students in this case are "super bright kids" and shouldn't be prosecuted because it "has the possibility of really messing up their futures" is ridiculous. Does that mean that all of us attending UCI shouldn't be prosecuted for anything because we're "bright"? Of course not. This is not about who's bright or whose future is bright. This is about being responsible for your actions and dealing with their consequences. If you don't want trouble, you should've thought of it BEFORE you act.

And, yes, we are allowed to protest at UCI. Just as long as it is done in a peaceful and responsible manner. If, because of this, these students now feel that "they can't even protest," I'm afraid they're still not getting the point. Protesting is an exercise of the freedom of expression. We are allowed to voice our opinion, but at the same time, we must also allow the other side to voice theirs. These students need to understand that "freedom of expression" is a two-way street. Surely their attorney knows this, or else he or she should go back to school and learn about it, and should tell them that.

Having said that, I think it's excessive for the DA to go after these students. Let the university deal with them and assign the APPROPRIATE punishment (to UCI administrators: A year-long suspension for the group is a punishment that's too lenient, and it punishes *all* members of the group instead of only those participating in the foolishness).

[Anteater ZOT]

I just graduated from UCI, and have seen first hand the escalation of conflict between members of the MSU and the Jews.

What MSU did, while disrespectful and childish, did not violate their right to free speech. Do they deserve to be prosecuted? No. Should there be disciplinary action, perhaps in the form of losing club privileges for a year? Yes. That way, at least they wouldn't annoy every student who walks down ring road with their damn flyers they pass out every second of everyday.

Get over yourselves, both sides. Agree to disagree and move on and stop wasting everybody else's time. We are tired of hearing about it.