Robert Dynes, Chancellor
University of California, San Diego
9500 Gilman Dr., MC 005
La Jolla, CA 92903
(858) 534-3135
Fax: (858) 534-6523
dynes@ucsd.edu

attached:

• "A Resolution in Support of Political Freedom in an Academic Setting" as passed in 3 Oct 2002 UCB GA meeting.
• Letter from ABFFE to Chancellor Dynes, 8 Oct 2002

10 October 2002

Chancellor Dynes,

I would like to bring to your attention the attached resolution that was passed on 3 Oct 2002 by the Graduate Assembly (GA) of the University of California, Berkeley (UCB) which represents more than 9,000 graduate students at UCB. The resolution, "A Resolution in Support of Political Freedom in an Academic Setting", was authored in opposition of the University of California, San Diego's (UCSD) recent actions against the Che Cafe and Groundworks Books (Che et al.) with respect to enjoining them from linking to two foreign terrorist organizations (FTOs).

We, the UC Berkeley Graduate Assembly, echo the sentiments of the American Booksellers Foundation for Free Expression (ABFFE) et al. in their letter of 8 Oct 2002. We appreciate the recent action of the UCSD administration in conceding the allowance of the afforementioned links after receipt of the ABFFE letter. However, we also express concern as to the further action to disallow political position papers of the Kurdistan Workers Party by Che et al. These documents are political speech and as a government entity, UC is required to afford such speech a high level of protection... especially considering the academic nature of the setting.

In our recent resolution, we affirm that every student has a fundamental right to engage in political dialogue ("Dialogue" covers all sorts of non-verbal and electronic communication including the World Wide Web). We further state that the UCSD has read the USA Patriot Act in a manner that is overly broad and would cover many other types of educational communication if allowed to stand as a precedent.

If such linking was a "violation of federal law" then Google, Yahoo and many other on-line information providers would be in violation. Furthermore, two US organizations, ICANN and VeriSign, issued these two FTOs their domain names. There are no actions against ICANN or VeriSign for such a "violation of federal law" eventhough their actions are more technically "providing material support" to such groups. If Congress and the Federal government had intended such a strict and broad interpretation of the USA Patriot Act, we would have seen actions in both of these matters.

We hope that you share similar values and that you will, in the future, act in a manner parallel to these values.

Sincerely,

Jessica Quindel
University of California, Berkeley
Graduate Assembly, President
Anthony Hall #4500
Berkeley, CA 94720
Telephone: 510.643.0602
Fax: 510.642.7721
E-mail: ga_president@uclink.berkeley.edu
URL: http://ga.berkeley.edu

Joseph Lorenzo Hall
Delegate, UCB Graduate Assembly
Astronomy Department
601 Campbell Hall
University of California, Berkeley
Berkeley, CA 94720-3411

cc:
Che Cafe Collective
Tim Eubanks (ABFFE)
President Richard C. Atkinson
Joseph W. Watson, Vice Chancellor, Student Affairs (UCSD)
Gary R. Ratcliff, University Centers Director
Chancellor Robert Berdahl (UCB)
Cathy Koshland, Chair, UCB Academic Senate