Smith v. Regents of University of California

ARABIAN, J., Dissenting.

Today’s decision does a disservice to the people of the State of California, and to the high principles that this court is sworn to uphold.

I do not disagree with my colleagues lightly or often. However, in holding that the University of California at Berkeley (University) violates the United States Constitution by promoting the dissemination of controversial ideas, the court itself violates that fundamental charter of freedom. In premising this holding on a spurious and ill-defined distinction between “educationally beneficial” and “ideological” speech, the majority…