Public commenters urge Berkeley council to defend student expression, warn student mural will wash away

At a March 26 special meeting of the Berkeley City Council, several public commenters asked the council to protect student expression and to treat criticism of Israel and Palestine as a topic for public forum rather than an automatic charge of antisemitism.

Mayor Aragon opened the meeting, noted a quorum and said public comment was limited to items on the closed-session agenda. The mayor identified three closed-session items: a conference of legal counsel regarding pending litigation in the case of Fisher et al v. City of Berkeley; a conference of legal counsel regarding anticipated litigation; and a conference with labor negotiators under Government Code section 54957.6. Members of the public were allowed to address only those items before the council moved into closed session.

The first speaker, who identified themselves as JP, addressed Item 2 (anticipated litigation). Quoting former Justice Anthony Kennedy, JP said the First Amendment is designed to "protect the debate at the fringes," and warned that "a law that can be directed against speech found offensive to some portion of the public can be turned against minority and dissenting views to the detriment of all." JP added, "The First Amendment does not entrust that power to the government's benevolence."

Kelly Hammergren told the council she was "so disappointed" that a Berkeley High School student mural painted on March 13 with water‑soluble tempera "is almost gone" and "will probably be completely washed away after the rain tomorrow on Wednesday." Hammergren said debates about Israel and Palestine have become conflated with accusations of antisemitism, and urged the council to let the Peace and Justice Commission hold a forum similar to one she said Albany held before voting on a ceasefire resolution.

MJ Baumann asked the council to "firmly stand up to efforts to suppress the free speech of students," comparing the moment to the city's prior support for Black Lives Matter expression and urging equivalent protection and advocacy for student speech.

Following public comment, Mayor Aragon closed the public‑comment period and the council convened in closed session. The mayor said any actions taken would be announced at the start of the council's 6:00 p.m. regular meeting. No formal votes or council actions were recorded on the public record during the special meeting portion captured in the transcript.

The comments focused on protecting expressive rights of students and preserving ephemeral student artwork; the Peace and Justice Commission was urged to convene a public forum on the Israel–Palestine issue so that councilmembers and the public could hear and weigh concerns before any formal steps.