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Students Call For SDSU President's Resignation

Student and community Muslim groups hold a press conference on the San Diego State University campus to ask for Elliot Hirshman to step down as president of SDSU May 4, 2016.
Matthew Bowler
Student and community Muslim groups hold a press conference on the San Diego State University campus to ask for Elliot Hirshman to step down as president of SDSU May 4, 2016.
Students Call For SDSU President's Resignation
Students Call For SDSU President’s Resignation
What Is The Balance Between Protecting Freedom Of Speech And Student Safety? GUEST:Eugene Volokh, professor, UCLA School of Law

San Diego State University is bracing for another possible protest today. David Horowitz the man behind the distribution of controversial fliers on campus is set to address a student group. The fires went out last week identifying seven current students by name, claiming they were allied with terrorists. Student called terrorists, allies of terrorists, from Muslim student or any student on campus been called something like that it has tremendous affects on their future. The students are applying for grad school, jobs. That was [Indiscernible] of the Muslim Association. They call for University officials to condemn the Flyers. When they didn't students protested. Eventually the University released a statement. Quote by agreeing in cases where racism Islamic bulimia, saw Joe, homophobia, and all forms of bigotry result, we abhor the content of such expressions even as we recognize the protected status of these expressions. Finally, we reaffirm our commitment to supporting an environment that fosters meaningful dialogue and mutual respect. The Muslim students Association and other said this wasn't enough. They call for San Diego State University President. Elliott Hirschman to resign. David Horowitz and his group the freedom Center have admitted to distributing fliers on campus. The group has been named extreme and by the southern poverty law sunder for anti-Muslim statements. Horwitz is set to speak on campus today because of an invitation from SDSU student Republicans. Monique Delacruz a member of the student GOP said they wanted Horwitz here to open up debate on a liberal college campus. He is sparked controversy with what he has to say. He's also good speaker. He does take Q&A. We not only get his side, but we also get to see how students feel about the subjects he talks about. Horwitz has spoken at large California universities before distributing similar fliers and setting off discussions between the balance of free speech and protecting students. Here now to discuss those issues is Eugene Volokh a professor at UCLA school of Law. Thank you. Great pleasure beyond. Went as a university have the right to restrict speech on campus? Well, University doesn't have the right to restrict speech based on the viewpoint. The University can't say, we will ban [Indiscernible] speech or anti-boy, speech they can't [Indiscernible] or anti-religious speech. That kind of viewpoint discrimination is unconstitutional. It's possible, of University could say you can put up fliers expressing whatever views, but you can't mention the names of students. Keep it in personal. Keep this on the issues don't focus on the people. But then the University would have to be [Indiscernible] so if for example, some group wants to criticize a student government official or student activist for supporting Trump or opposing same-sex marriage than in that case they too will not be allowed to name names. Outside of campus the Supreme Court has made clear that activists can point to the names of people including people that aren't activists. Even if that leads to physical tax on those people. Interestingly, a lot of that in the past has come from the left. One famous example is the end of your APC in trying to organize a black boycott of a white owned stores would take down the names of all the people who shopped at those stores and then those names would be distributed and Miriam grass and read at black churches in this particular rural area. There is even violence against some of those people whose names were names. The Supreme Court said this is constitutionally protected speech. It's part of criticism of people what some people think is improper conduct. It's possible, if the University is really willing to do this willing to restrict liberal and conservative and anything else speech might be able to say you can't mention people's names. Even when you're expressing broader viewpoints. Many schools have antidiscrimination or anti-hate speech. This restrictions allow? Public university? Actually not. Hate speech is another label people give first expression of viewpoint. It cannot restrict view on [Indiscernible] whether it's hateful or whatever else. I think that possible [Indiscernible] that the boycott sanction and the students for Justice in Palestine. He thinks they're the hate speakers. He thinks they're the ones that are anti-Semites and are allied with other anti-Semites and allied with people who commit murder and genocide. Whether he's right or wrong, it's for people to debate. But he can no more [Indiscernible] or anti-Israel views are anti-Semitic abuse then can his views be suppressed. A public university does not have any power to impose viewpoint-based restrictions whether Tate speech or not. So David Horowitz put up similar posters at UCLA. They said it violated the rules about what unaffiliated group can put up. Is that a viable policy? The University could say, our bulletin boards are open to student groups and not outside groups. They could say that..Then they would have to enforce it. So if some outside group supporting gay rights or supporting likewise matter put up their fliers in the University was willing to say, we don't care what your views are you can put up flyers you can only do it through a student group, is the University really had that evenhanded policy than that could be enforced and the fires could be taken down. Again, not sure universities would be eager to have this policy given the amount of off-campus fires I've seen posted. Now the Board of Regents recently took a stance against intolerance. That Stan said that anti-Semitism and anti-somatic forms of anti-Zionism have no place on its campuses. To think I was the right choice? I don't much care for the regions expressing views about which ideas have no place in University. I think there places where people should be free to be anti-Zionist without having to defend themselves I do think a lot of anti-Zionists are anti-Semitic but I think their view should be expressible it University and I think the region shouldn't even be going out there to conduct condemned views. Also, they didn't try to ban such speech they just publicly denounced it. Their problems that happening at the very least it's not the same as the [Indiscernible] on speech and what I've been hearing or the questions are asking is policies against this. Those would be clearly unconstitutional at their based on viewpoint. Whether to anti-Semitic rant else. What about the claim that universities have a right social duty to keep students safe. To make sure the safety of students is primary and that none of this threatens or intimidates the student population. I hear a lot of people talking about safe spaces. Universities don't have a duty or right to make people feel safe from offensive ideas. University could say, we don't care what ideas are being expressed when people's names are used that increases the risk of violent attack on them. We went protect them against that. Again the University would have to do it at a neutral basis. Thereafter say you can't put up fliers mentioning names regardless of what viewpoints are addressing. If the University wishes to do that, and is willing to enforce that on evenhanded basis as a means of making sure people are egged on then I think again university might have the power to do that if it's willing to really do it evenhandedly. I suspect a lot of universities would be hesitant to do it because they realize it is actually often worthwhile to have criticism of people as well as policies. Professor at UCLA school of Law thank you so much. Partly cloudy highs of 63 to 68. Tonight a 58% chance of showers and thunderstorms. Lows in the 50s and highs tomorrow 63 to 68. A wind advisory kicks in at 3 PM to 5 AM Friday same for San Diego deserts in the Imperial Valley. This is KPBS. Mrs. KPBS Midday Edition and I Moring Kavanaugh. The city of Chula Vista is having its first city Council election in the June primary. The changes meant to bring more focus to the various neighborhoods in Chula Vista and that the main theme among the four men running to represent district 4. Jean Guerrero has a story. Michael Foster played at a part playground that Chula Vista. Meanwhile homeless people push the carts and eight on the grassy area nearby. We need a place for these folks to go a place they can shower and go to. Fosters among countless resident to save the most neglected part of the city. They hope will bring solutions to homelessness. Candidates reside in the district they represent. All the candidates they do familiar with the issues and plan to address them because they live here. This is my home and where there is my family and I've had the experience of being on the Council and understand how municipal government works. Two consecutive terms he works in metal fabrication. Ramirez says he plans to point a full-time administrator to address homelessness and says his years of activism for the community make him the best candidate. Some of his supporters recently met outside city Council to protest another candidate. Eduardo Reyes who moved here nine months ago. If you look at his website he [Indiscernible -- multiple speakers] Among them was Aurora Murillo Clark who's lived here more than three decades. When you move in somewhere for the first couple days you're not aware what happening in the community. You're not going to represent that community's best interest. Reyes says he moved to this part of town after separating with his wife. He feels most comfortable in Southwest Chula Vista. The bottom line is it I'm not interested in dirty politics or Gossett. -- Gosse up. -- Gosse up. I'm interested in serving this community. It doesn't require them to live in the district for certain amount of time. Just have to live in the district when they file their papers. He is the principal of [Indiscernible] and Chula Vista school board. He says his background and education makes him the best candidate for the nodes the needs of young people and their families. Like the other candidates he said the city needs to better support local business so residents don't have to more for jobs. Of the freeway the morning. It's almost at a standstill Dorin North. Coming south using the 65 miles per hour. Another candidate tran 10 has an education background. He served on the Parks and Recreation commission. Investing in education and our children is investing in future the city. Soto says schools need more arts and afterschool activities. He says streets need more work. Having a good infrastructure we can ensure that our community has accessibility across the city and it makes it a more attractive place for visitors. A fourth candidate Mike Diaz ran for city Council in 2011 but was nearly did needed. He's a retired firefighter and creating all campaign materials on his own at the maker place occluding T-shirts and banners. Paid on them to the next color. I'm doing it the old-fashioned way. I'm not -- afraid of hard work I don't mind getting dirty in the trenches. He says public safety is his priority. I was out there serving my community for over 30 years. I put my life on the line every day and wanted continue that service to for. The two candidates with the most votes in June will go to runoff in November. Tran 1.3 now Chula Vista is the second largest city in the county. To the house auditing from the San Diego? Some problems are similar. That elaborated roads and crumbling sidewalks and potholed streets. What are the problems that are unique to for? Homelessness, you have the in San Diego but it's become a very rising visible problem in for. The city doesn't have a corrinated way of helping that population. They tended gravitates in neglected parks. Sleeping their time there. You This is a first time for elections in Chula vista why did they choose that? They wanted to have equal representation for underrepresented minority groups. Southwest Chula Vista district for the largest Latino population at 76% and the one of the candidates actually speak for those Latinos that live in the district and know what the issues are. In the past councilmembers could live in any part of the city and multiple members could be from the same neighborhood. So did district for feels forgotten? Yes. On the side of Chula Vista residents have higher incomes and their homes are newer. So residents in the lower income district 4 feel that all the city's resources getting ported to that part of town despite the fact that they see greater need on the West side. How are the district elections being faced in? District 3 and district 4 force post a happen -- will they are happening this year. And district 3 heavens in June. Includes Chula Vista's largest Asian population of only two candidates qualified so it goes straight to November elections. And then district 1 and two will have elections in 2018. Those districts have a larger publisher white voters. Does Chula Vista do its elections any different from San Diego? In the city of San Diego candidates must registered of vote in their district 30 days before filing. Neither city has a requirement that candidates must live in the district that they want to represent for minimum at a time. Has there been any polling done? Any ideas ahead? The Star news did conduct a poll in March and they found that [Indiscernible] was far ahead of everyone else was 75% of the votes. But apparently that poll only had a few dozen were respondents. Mike Diaz had 13%. Eduardo Reyes had [Indiscernible] There's they give a half cent sales tax to rebuild its crumbling infrastructure. That's not how San Diego's facing the problem, is that popular in Chula Vista, the idea of increasing sales tax? A recent survey found that 67% of residents would support such a sales tax to pay for the repairs that they find necessary. That same survey found that the lack of adequate infrastructure was the main issue. How to the candidates feel about the sales tax? Transit and and Rudy Ramirez are against it. They must manage fiscal problems first transcends as he would produce economic growth policies. Eduardo Reyes says he would support the sales tax because of what he called a dire need for those infrastructure improvements and Mike Diaz said he would suck port if it were earmarked for specific purposes and had an expiration date. I've been speaking with Jean Guerrero thank you so much. Its 1235 and you're listening to transfer new. Life on the KPBS newsroom I'm double. The federal government has announced sweeping regulations for electronic cigarettes. The four brands are allowed to stay on the market, regulators would have to check the ingredients, design, flavor of the devices. The FDA action comes five years after the agency first announces its intent to regulate. Raging wildfires in the Canadian province about Burda have moved south. Emergency operations center to move again. Taking it far from devastated oil San city of Fort glory. Meantime [Indiscernible] state of emergency. Mayors a major cities are banding together to fight global warming. Are planning to invest in public transportation and electric cars. Planting trees and switching to solar energy. The announcement was made today by the mayors of Paris, shall, in Atlanta at a climate change them in Washington. Jurors have reached a verdict of South Los Angeles Manatt accused of the [Indiscernible] killings of nine women and teenage girl over a period of two decades. The verdict in the trial of Lani David Franklin Junior is expected to be read at 130 this afternoon. Sharp Grossmont hospital noticed drugs missing from its operating room and launched a year-long surveillance operation that used video cameras and that anesthesia carts. Now documents filed with the state medical board say those cameras also captured women patients undergoing surgical procedures. An attorney for an accused Dr. now says patient privacy was severely compromise. I'm joined by Cheryl Clark with KPBS partner to tell us more. Cheryl what's the story about? This is a very messy situation for everyone involved. Back in 20 tells -- 2012 sharp Grossmont was trying to learn why drugs were missing. In July they embedded tiny cameras on drug carts in three operating rooms. This was all done in Grossmont women's health center. Over the next 12 months the cameras captured thousands of video clips and many showed patients undergoing surgery. Of course this raises major questions on patient privacy. Sharp has acknowledged in documents that some of the document -- videos show patients under anesthesia, exposed, and in the most vulnerable state. This has been a big surprise. Attorney Duane admire says the patients were being secretly videotaped. They did not give their consent to be on camera. This is described in detail in a bunch of legal documents that I knew source obtained from the attorney. We are now showing them on our website. Here's Duane admire to explain. What we discovered if you gave birth at sharp Grossmont hospital between July 17 of 2012 through the end of June 2013 you are secretly videotaped. It's hard to know how many patients were affected. Hundreds of patients essentially every patient data surgery or had their baby delivered via C-section or had tubal ligation during that time from July from July 2012 to June 2013 would of had their images taken at some point. Sharp practice violated these patients right to privacy. To the videos catch who is taking the drugs? Funding Chino, Duane admire is representing former Grossmont anesthesiologist Dr. Adam Dorin. Sharp has said the medical board 12 medical clips putting files in his pocket. For that he could lose his license. Over the years he is seen taking 12 bottles but here's the thing, admire said other clips show Dorin replacing the drugs are using them on patients. It was in short supply nationally said doctors sometimes scrambled to grab what they: to use in emergencies when patients needed. So admire said those video show other doctors removing drugs just like Dorin said. And his defense admire once those clips to. But sharp is fighting against that. If the video show Dorin is visiting -- is is in the -- is innocent. Why they were Italian? The retaliating about him being a whistleblower want to hospital error resulted in a patient death. But also for complaining about what he said lax control of drugs at the hospital What the sharp have to say about that? Sharp when it give me an interview on this. It did issue a statement. They said, while images of patients were accorded the focus on the investigation was on times the operating rooms were not in used for patient care. Sharp also said it has no intention of releasing the videos of these patients undergoing a fight the subpoena that admire has filed. What's next? The entire episode raises so many questions about patient privacy. And how much privacy patients can expect from the best of the drugs by a hostile zone staff is under suspicion. That was Cheryl Clark with KPBS I knew source. I'm Deb Welsch. In a moment will hear from a San Diego man who escaped the Iron Curtain in the first documented successful commercial airplane hijacking. It's well Doc 41. You're listening to KPBS Midday Edition.

The San Diego State University Muslim Student Association and several other student and off-campus groups this week are asking university President Elliot Hirshman to quit.

Hirshman has been under fire for his response to fliers connecting students to "Palestinian terrorists" that were posted on campus last month.

"Students were called terrorists," said Fayaz Nawabi, the leader of SDSU's Muslim Student Association. "They were called allies of terrorists, and for a Muslim student, or for any student here on campus to be called something like that it has horrendous effects on their future. These students are applying for grad school. They're applying for jobs."

That kind of exposure could also make them target for anti-Muslim violence, Nawabi said.

The Muslim Student Association responded quickly when they saw the fliers. They reached out to university officials and asked for the school to condemn the tactic. In response, Hirshman sent about two weeks later a campus-wide email that the students found inadequate. The tension boiled over when students confronted Hirshman outside a campus building last week.

The university president sought refuge in a police car. Students kept the vehicle from leaving and Hirshman sat there for more than an hour. He eventually came out of the vehicle and made a brief apology.

That exchange led to a more than two-hour meeting between university and student leaders on Monday.

After the meeting, the university issued this statement:

"During our time together we had a full discussion, both agreeing and disagreeing on various issues. We agree it is critical to protect all members of our University Community from harassment as specified in our University Senate policies. We agree we are committed to the safety of all members of our community. We also agree on the fundamental importance of freedom of expression.

Creating the appropriate balance between freedom of expression and protecting members of our community from harassment, as in the current case where students were named individually on a flyer posted on our campus, poses a significant challenge. The parties have agreed that in collaboration with AS and under the aegis of the University Senate, they will undertake a review of university policies to ensure we are balancing freedom of expression and protection from harassment.

We concluded by agreeing that in cases where racism, islamophobia, misogyny, homophobia and all forms of bigotry result, we abhor the content of such expressions, even as we recognize the protected status of these expressions. Finally, we reaffirm our commitment to supporting an environment that fosters meaningful dialogue and mutual respect."
The university's chief communications officer, Greg Block, was asked for additional comment but he said Monday's email is the school's final communication on the issue.

"It was very wishy-washy," Nawabi said. "Another vague email. Another vague statement that did not condemn this situation. That did not fully support those students that were called allies of terrorists."

The David Horowitz Freedom Center distributed the provocative fliers at SDSU, as well other California colleges. Those other schools denounced the tactic.

The Southern Poverty Law Center, which tracks hate groups and hate speech around the country, says Horowitz is known for anti-Muslim and anti-immigrant speech.

San Diego State University College Republicans invited David Horowitz to speak on campus Thursday. The club said it hopes to broaden the political dialogue on a liberal college campus.

"He has sparked a lot of controversy with what he has to say, but he's also a good speaker and he does take Q&A," said Monique Dela Cruz, the social media director of the club. "So we not only get his side but we also get to see how students feel about the subjects that he talks about."