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A pattern of harassment and physical assaults by members of two Muslim student groups at the University of California, Berkeley crosses the line from allowing free speech into creating a hostile campus environment, an attorney representing two students argued in court papers filed this week.
Jessica Felber and Brian Maissy are suing the University of California and Berkeley President Mark Yudoff, along with Berkeley's chancellor, the Regents of the University of California, the Associated Students University of California and Berkeley's dean of students for failing to protect them from verbal and physical assaults.
"Defendants assert that this Court is powerless to stop this conduct, claiming that these student groups have 'First Amendment Rights,'" wrote attorney Joel Siegal in response to a defense motion to dismiss. "But these Defendants have an equal obligation to protect the health and safety of Jewish students under Title VI," which requires federally funded educational institutions protect students against discrimination.