Bradley Devlin

DOJ Supports BCR’s Lawsuit

February 8, 2018 by Bradley Devlin Leave a Comment

In late January, the Attorney General of the United States, Jeff Sessions, and his Department of Justice, filed a Statement of Interest into the Berkeley College Republicans lawsuit against the University of California. “To attend to the interests of the United States in a suit pending in a court of the United States,” the DOJ may, from time to time issue Statements of Interest. The DOJ argues the “Plaintiffs’ amended complaint adequately pleads that the University’s speech restrictions,” as outlined in the Major Event and High-Profile Speaker Policies, “violate the First Amendment, and therefore, at least to that extent, the Court should deny Defendants’ motion to dismiss.”

First, I strongly encourage the DOJ to shed light onto issues of campus free speech nationwide because my generation has a tendency to pervert reality, which leads to more self-reassuring professors and teaching practices within higher education. The result will be poorly educated, or a generally misinformed public that believes they are highly educated (we could even call them ‘woke’), and can lead to the further degradation of higher education. What’s more dangerous: the ideas propagated by an educated elite that is pacifist with regards to the ideals of justifiable political violence in the name of tolerance, perpetrated by ANTIFA, BAMN, and other violent, anarcho-communist groups. In the long run, this could lead to the breakdown of civility in our Republic.

In this Statement of Interest, the DOJ claims, “The United States has a significant interest in the vigilant protection of constitutional freedoms in institutions of higher learning. As the Supreme Court has noted, ‘[t]eachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.’ Sweezy v. New Hampshire, 354 U.S. 234, 250 (1957). In recent years, however, many institutions of higher education have failed to answer this call, and free speech has come under attack on campuses across the country. Such failure is of grave concern because freedom of expression is ‘vital’ on campuses. Shelton v. Tucker, 364 U.S. 479, 487 (1960). Indeed, ‘our history says that it is this sort of hazardous freedom—this kind of openness—that is the basis of our national strength and of the independence and vigor of Americans who grow up and live in this relatively permissive, often disputatious, society.’ Tinker v. Des Moines Indep. Cmty. Sch. Dist., 393 U.S. 503, 508–509 (1969).”

The DOJ rightly claims “it is in the interest of the United States to ensure that State-run colleges and universities do not trample on individuals’ First Amendment rights” because this could undermine the Department of Education’s mission “to ensure that ‘institution[s] of higher education . . . facilitate the free and open exchange of ideas.’”
“Under the facts as alleged, it appears that the University repeatedly moved the goal posts for BCR, making it all but impossible for the event to take place,” due to discriminatory time, place, and manner restrictions.
“Plaintiffs contend that they are designated public fora, but the University claims that they are limited public fora. While this is a question properly left for later stages of the litigation, one thing is clear: the University’s High-Profile Speaker Policy and Major Events Policy would be unconstitutional in either type of forum,” the DOJ says, “if a regulation of speech discriminates on the basis of viewpoint or creates a high risk of viewpoint discrimination, it is immaterial whether the forum is a designated or limited public forum; under longstanding precedent, the regulation is unconstitutional… both Policies suffer from the same constitutional defect: they grant University administrators unbridled discretion to decide when, how, and against whom to apply the Policies. As the Interim Vice Chancellor admitted, the Policy applied only to ‘high-profile events featuring potentially controversial speakers.’”
Upon reading the Statement of Interest, Harmeet Dillon, lawyer of BCR and YAF, said, “Having pursued these core speech rights on behalf of our clients for nearly nine months against the University’s shifting positions and excuses, it is gratifying to see both the Department of Justice and General Counsel of the Department of Education agree with our position in court that strict scrutiny must apply to the University’s speech codes, which in turn constitute a prior restraint on fundamental rights guaranteed by the First Amendment.”

As I said to YAF.org on hearing the news, “The Berkeley College Republicans are grateful to the DOJ for filing a Statement of Interest into the lawsuit of discriminatory practices in stifling the guaranteed constitutional right of free speech brought against UC Berkeley. We are also grateful AG Sessions has called the success of the Ben Shapiro event hosted by YAF and BCR a ‘victory for free speech.’ We thank Harmeet Dillon and Dillon Law Group for their hard work on our case.”

YAF Spokesman Spencer Brown shared similar sentiments. “It’s incredible to see the United States government reinforcing in its SOI what YAF has said for months: Berkeley’s high-profile speaker policy and major events policy are ‘prior restraints on protected speech that invite viewpoint discrimination.’”

The Future of The BCR

December 10, 2017 by Bradley Devlin Leave a Comment

On November 9, 2017, the voting members of the Berkeley College Republicans decided to install me, Bradley Devlin, as President of the Berkeley College Republicans. I am enthusiastic my administration will bring about the change the conservative community at UC Berkeley has been craving for years: a re-commitment to activism that gets more Republicans elected, registers more Republican voters, and offers more professional opportunities to BCR members.

Rest assured, we remain unequivocally committed to our fight for free speech on college campuses to the dismay of a university administration committed to stonewalling our efforts. The Berkeley College Republicans plan on exercising our First Amendment rights to procure these rights for our progeny. American universities used to be beacons of light in a dark world. These institutions recognized that to achieve higher education and foster progress within society, the sensitive subject matter had to be taught, the hard conversations had to be had, and the difficult discussions navigated through like a ship through a reef. Now, the pervasive forces of intersectionality and micro-aggression culture have refocused college campuses on indoctrination, and in the process, stripped these institutions of their integrity.

Don’t believe these philosophical forces are as ubiquitous as I claim? The Brookings Institute conducted a First Amendment-related study with college-aged students. They found that 19% of students believed violence is acceptable to quash a speaker who says “offensive and hurtful things.” Forty-four percent of students believe that un-definable, utterly subjective “hate speech” is not protected by the First Amendment, and 51% of students think it is appropriate to shut down offensive speakers. To those who want to see the survival of our republic, these trends should be deeply troubling and must be reversed before my generation—a generation riddled with anxiety and depression—take the reins of power.

We of the Berkeley College Republicans pride ourselves on our firm beliefs in rational inquiry, and that diversity in viewpoint is necessary to achieve higher education and truth. We will continue to turn the tides in political discourse and be the voices of reason throughout the Bay Area.

However, the Left has been incredibly effective in casting labels onto the Republican Party, and the CAGOP is witnessing a dwindling percentage of Republican voter registration. Polls show the three main negative perceptions California voters have of Republicans is that we hate the planet, we hate people, and we hate the poor. I believe I can say with confidence no BCRs prescribe to this brand of conservatism.

I won on a platform of responsible activism. Since the election of Donald J Trump, by our blood, sweat, and tears due to the Left’s own insanity, we have pulled ourselves up by our bootstraps and built ourselves a national platform. However, like a boxer in the 12th round, we have to be measured and calculated when and where we punch back. Our opponent, the Left, has exposed itself, and now is the time to deliver a strike with punishing force. Note that this is strictly an analogy, and try as ANTIFA might to conflate this with a “call for political violence,” it is anything but.

This principled activism is why Berkeley College Republicans are working tirelessly to connect with local GOP organizations throughout the state, inviting conservative speakers with niche jobs in the political sphere, and organizing more activism opportunities. These actions serve the purpose of educating and equipping conservatives in the hyper-liberal Bay Area as we approach a crucial election year for the GOP.

The members of the Berkeley College Republicans are excited about these changes, remain enthusiastic for the upcoming election cycle, and look forward to the future when leaders developed within BCR define the beliefs of the GOP.

I am beyond honored to represent them.

Risk, Reward, and Republicanism

August 7, 2017 by Bradley Devlin Leave a Comment

I laced my work worn boots, tightening them more firmly than usual against my ankles and shins for one reason: in case I needed to run. I stood and walked to my dorm bathroom, looked myself in the mirror, and pulled my red hat below my eyes. That will hide my identity well, I thought, but my Ronald Reagan shirt will be a dead giveaway. I decided to throw on a jacket, and let my Republican pride show when I was safely inside. I could hear the news anchor in the background on my laptop. “Students have gathered to protest the speech of Breitbart Tech editor Milo Yiannopoulos. All is peaceful thus far, but the crowd seems to be picking up…” I shut the door and went on my way.

When I arrived at Sproul Plaza (the main UC Berkeley quad), there were hundreds of picketers and protesters. They held a variety of signs with messages that varied from peace symbols and doves to reading “Fascist Pigs Bleed.” I kept my jacket zipped and my head down. I got around the perimeter of the crowd to the entry point where I was volunteering as a member of the Berkeley College Republicans to help run the event. Barricades and armed officers soon stood in my way. I informed them I was a member of the Berkeley College Republicans, and I was ushered in. Pieter Sittler and Troy Worden, two integral members of the club, met me in front of Pauley Ballroom. We gathered outside and tried to communicate via text to the other volunteers, as to where to meet (at the barricade).

Moments later, two officers in heavy gear rushed Troy, Pieter, and me inside the building. As the glass doors of the building closed, two consecutive bangs of M80 fireworks rang out from where I had just been standing. We were under attack by an army of anarchists dressed in black bloc garb. Rocks and pieces of bricks began to hit the glass behind us. Another batch of fireworks were thrown toward the glass doors. Officers instantly moved us behind a stone portion of the wall, and covered us until we were upstairs as the police began to fall back into the building and the anarchists tore down the barriers.

I was now locked on the second floor of Pauley Ballroom with my fellow club members. We peered out from the curtains and witnessed a violent mob laying siege to our school, while members of the student body played music and danced while holding “nazi scum die” signs.

Once the cops found an opening on the west side of the building where they could secure an exit point for the Berkeley College Republicans, they opened the door and wished us luck. We descended the stairs, and became troops behind enemy lines. Cries rang out “You’re racists, Berkeley College Republicans!” with a medley of curses and expletives mixed in. We were identified, and instantly split up to avoid the mob.

My name is Bradley Devlin, and over the past few months, it has been my pleasure to serve as Secretary on the executive board of the Berkeley College Republicans. I study political economy and I’m still the kid with a crazy dream: one day, I want to become President.

When I arrived in the hyper-liberal bubble that is Berkeley and the Bay Area, I understood that my political beliefs would be intellectually challenged daily. When I wore my Republican Party shirt for the first time on campus, and was called a “racist” and a “bigot” without any sort of political discourse or conversation by two individuals, I knew that the attitude fueling some of my colleagues was more malicious than I once thought.

On the night of November 8th, the surprise election of Donald J. Trump proved political pundits across the homeland wrong. Hysteria swept across Berkeley. The next day, classes were canceled in “mourning,” and candlelight vigils were held for “the death of America.” And the political persecution became more abrasive and outright.

November 8th marked an uptick in violence against me, my friends, and other students who held that same political beliefs. It built and built until it escalated even further the night of February 1, 2017, infamously now known as the night of the Berkeley Riots. From then on, members of the Berkeley College Republicans were targeted via social media, on campus, in classes, and on the streets of Berkeley. Being spit on, flipped off, cursed at, and having our private property destroyed is something that has become commonplace.

All of that being said, you must be wondering what on earth could we possibly be doing to invite and encourage this vindictive anger upon us? And who, if anyone, would want to be a part of the Berkeley College Republicans, if all this is true?

The Berkeley College Republicans, at its core, is a group of conservative-minded individuals who represent an array of viewpoints across a broad spectrum of conservatism. From individuals that identify from moderates to libertarians, and some classical liberals, too, the Berkeley College Republicans is the largest political organization on campus with over 1,100 individuals on our mailing list.

Because the hyper-liberal groupthink that occurs in every lecture hall, bar, coffee house, and classroom is so vehement and consistent, it is always refreshing to find a community that reinforces and challenges your political views. Finding a forum for debate and discourse that doesn’t involve a Graduate Student Instructor that may become vehemently biased against you if you air your political views, causing your grade to suffer, is rather refreshing.

Let me be clear, we are not a safe space for conservative students; sometimes we do everything but agree on the actions of Trump or Republican leadership or foreign policy in our discussions. We act as one of the only truly functioning learning environments on campus, and this platform for discourse brings us closer to understanding each others’ views.

No, we aren’t just a room full of trust-fund babies from Southern California. We are a dynamic group of individuals that come from a variety of backgrounds that have created diversity in thought within the club, while reinforcing the importance of Western values such as individual liberties and freedom. From Indiana to India, and from Florida to Russia, our members sing the praises of the United States and the vision of a free people every single day. We work together to brainstorm on how to encourage peers and politicians to join the wave of conservatism that has been sweeping the nation since 2010.

Because we are able to have these discussions, painted in different shades of Republican Red, about the economy, or military, or liberties and the Constitution, we are able to better understand the members of our club and attempt to bring speakers and sponsor events and social events that will please the club and appeal those who thirst to be challenged intellectually.

The Milo Yiannopoulos event was one of the keynote events the Berkeley College Republicans had planned to please its own members, and to intellectually engage with others. As a political satirist and self-proclaimed internet troll, Milo Yiannopoulos is a public figure that retains some controversial views, which would have ensured an entertaining night. Mr. Yiannopoulos is not fully representative of any single member of our club because our members believe in an American society that has blessed them plentifully in allowing them to pursue their own agency. Because of that sense of agency, the members of Berkeley College Republicans do not feel threatened, nor do we cry to the administration and plead professors to draft a letter discouraging an event on the account of the never before legally defined “hate speech,” when Justice Sotomayor, Vicente Fox, Bernie Sanders, or any other liberal speaker comes to speak at campus.

When we invite a figure like Milo Yiannopoulos to come speak on campus, Berkeley College Republicans attend, listen, ask questions, and fiercely debate. Even when the Communist party of the United States (with anarchists in tow) hold a speaker event, we attend.

The intense leftists on campus perpetrate all the previously mentioned tantrums on the checklist. Professors and students, including forces within the administration, put pressure on the administration to minimize the Berkeley College Republicans clout on campus by creating arbitrary hoops we have to jump through every time we want to do something on campus. This has led to a consistent violation of the Berkeley College Republicans’ constitutional right to free speech, assembly, and access to these facilities, without hesitation, by the University of California Berkeley administration. I might also mention that three speakers last spring semester were canceled by the University, and there is a pending lawsuit because these public facilities would otherwise be available if not for our political beliefs.

The abuses are many, but the price of procuring freedom will always be a steep and difficult mountain to climb, but I think I can say for the rest of my friends, that we will not waiver. In the “cradle of free speech,” we pursue a freer collegiate experience not only for ourselves, but for those who may experience the same kind of persecution in the future, whether liberal or conservative. We intend to continue the progress the leaders of the free speech movement procured for us in the sixties.

Decades have passed and the fight rages on, but it is time for a new generation to pick up the torch and fight for liberty with the same passion. We aim to put a stop to the politically-based virtue signaling that is happening in hyper-liberal, public universities year round and challenge the bureaucrats that have made a mint sitting atop once cherished places of higher education, and diluting them into impotent institutions.

When they pick up bricks, we will pick up pens, write and litigate our way to freedom. We will gain the upper hand through faith that the values once cherished by these institutions will prevail, because America has prevailed and endured for almost 250 years.

In the coming months, this column will chronicle our fight from the points of view of several of our members. They will provide analysis and anecdotal experience on the current political atmosphere as a conservative student enrolled in UC Berkeley. As they recount their stories, keep in mind these personal attacks, threats, and events aren’t random or special and extraordinary circumstance. These vulgar and malicious attacks are commonplace, to the extent that we are constantly kicked out of Facebook groups and maligned by our Berkeley peers when our political identity is ousted. I sincerely hope this column serves as an educational opportunity for the readers to understand the plight of conservative students, not just in Berkeley, but throughout the country, who are treated the same way.

May this provide a platform where we can engage one another without the demagoguery of partisan politics and irrationality of groupthink. Let us agree on a key set of values that made America great before, and pursue them together, despite our differences, to make America great again.

It takes people recognizing each others volition and freedoms that make such a society like ours possible, and I encourage you to join us as we go along this journey.