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Opinion | Oklahoma Breaches the Wall Between Church and State

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Opinion | Oklahoma Breaches the Wall Between Church and State

If I had to sum up the current debate within the American right, I’d describe it as a contest between liberty and authority. To what extent should the political project of the conservative movement focus on the preservation of individual and institutional freedom versus expanding the power of the state to advance conservative ends? This was at the heart of my recent critique of Ron DeSantis when he officially entered the race for the Republican presidential nomination, and it’s at the heart of my larger breach (along, of course, with profound concerns about character) with the Trumpist, nationalist right.

The dispute between liberty and authority has become a subtext of the Republican presidential primary. You can see it when Nikki Haley challenges DeSantis for using state resources to punish Disney for opposing Florida laws that restrict instruction on sexual orientation and gender identity in public school classrooms. You can see it when Asa Hutchinson says “it’s not the role of government to punish a business when you disagree with what they’re saying or a position that they take.” Tim Scott has said much the same thing, agreeing that it’s improper to weaponize government against private corporate expression.

You can see this dispute perhaps most starkly in the state-by-state conflicts over education. To what extent should the education culture wars be resolved by liberty or by authority? The liberty side of the argument seeks greater school choice, so that parents from all income backgrounds can enjoy the kinds of choices that wealthy parents take for granted. It also respects the free speech rights of students and the academic freedom of professors, so that the state doesn’t become the final arbiter of truth.

The authority side, by contrast, believes that someone’s worldview will control our schools, so it should be theirs. This is the impetus behind speech codes, which can dramatically inhibit free speech on campuses. This is the impetus behind the raft of anti-C.R.T. laws and other educational gag orders, which attempt to tightly regulate instruction about race, gender, and sexual orientation in public schools. This is one reason fights over library books are so contentious. The focus on regulating the ideas that students are exposed to is explicitly intended for the purpose of shaping their beliefs and ideology.

And that brings me to the mistaken decision of the Oklahoma Statewide Virtual Charter School Board to approve “the nation’s first religious charter school” earlier this week — a decision that split Oklahoma Republicans. The Republican governor, Kevin Stitt, praised the board, while the Republican attorney general, Gentner Drummond, said that board members “violated their oath in order to fund religious schools with our tax dollars.”

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Why the stark divide? The reason is simple: Despite widespread confusion about their status, charter schools are public schools, meaning that Oklahoma has created and sanctioned a Catholic public school in the state. It has clothed a Christian institution with state authority.

To understand the conceptual and constitutional problems with this decision, it’s necessary to understand a bit more about charter schools. While they tend to operate separately from local public school districts (and often have private management), they’re creations of state law, highly regulated and publicly funded. The Oklahoma City Public Schools website, for example, describes charter schools as “innovative, nonsectarian public schools” that are “open to all children” and “do not charge tuition.”

Last fall, the Fourth Circuit Court of Appeals ruled that a North Carolina charter school called the Charter Day School was a state actor and thus subject to constitutional restrictions on the school’s authority. Specifically, the school’s dress code — which required girls to wear skirts, jumpers or skorts as part of an effort to “preserve chivalry and respect among young women and men” — violated the Equal Protection Clause of the 14th Amendment.

The ruling doesn’t bind Oklahoma (which is part of the Tenth Circuit), but it’s still the leading case on the subject, and it’s currently on appeal to the Supreme Court. We don’t yet know if the Supreme Court will act, but the very idea that a religious institution should be either clothed with state authority or subject to state control — let alone both — is antithetical to the constitutional balance struck by the First Amendment’s Establishment Clause and Free Exercise Clause.

At their philosophical core, the two clauses work together to pre-empt the kinds of religious conflicts that have ripped apart so many nations and cultures. The Establishment Clause declares that no church can control the state (nor can the state control the church), thus lowering the stakes of political conflict so that politicians have minimal influence over religious doctrine.

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In exchange, the free exercise and free speech clauses guarantee that religious organizations enjoy extraordinary freedom and autonomy. Decades of SCOTUS precedent have now established that states can’t discriminate against religious individuals or institutions in the provision of state benefits, can’t target religious expression for state punishment and, critically, can’t regulate the hiring or firing of ministerial employees.

This conflict between liberty and power isn’t confined to the right, however. The left faces its own divisions, particularly on college campuses. In April, I wrote about how multiple mainstream academic institutions are pushing back against censorship demands that often come from the left. And last month, a conservative legal group filed a lawsuit challenging a raw exercise of power from the University of California system, namely the inclusion of mandatory diversity, equity and inclusion (D.E.I.) statements from candidates applying for jobs in the state system.

These D.E.I. statements are not meaningless formalities. Indeed, powerful evidence suggests that they’re used as ideological litmus tests for new faculty hires. As my colleague Pamela Paul pointed out in a recent column, “At the University of California, Berkeley, for example, in the hiring cycle from 2018 to 2019, three-quarters of applicants for a set of five faculty positions in the life sciences were eliminated on the basis of these statements alone.”

In other words, it’s not just the religious right that is conflicted on the question of freedom versus authority. It’s not just conservatives who seek to restrict American debate by limiting the viewpoints to which students are exposed.

If you subscribe to this newsletter, you might note that I sometimes swing back and forth between critiquing left and right, noting how similar maladies afflict both movements. In fact, it’s remarkably common to find mirror-image excesses and abuses on both sides. I’ve also previously discussed the concept of “horseshoe theory,” the idea that as right and left become more extreme they become more alike.

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And so it is in the educational culture wars. Extremes on each side are so preoccupied with gaining the advantage in teaching the next generation that they forget that a core purpose of American schooling is to prepare students, in the words of the Supreme Court justice William Brennan, “for active and effective participation in the pluralistic, often contentious society in which they will soon be adult members.”

Both religious liberty and religious disestablishment are vital elements of American pluralism. Oklahoma shouldn’t discriminate against religious expression, but it must not create state religious schools. Clothing any church institution with state power is bad for the church and bad for the state. Oklahoma conservatives can and should advance their values through the exercise of liberty, not by breaching the barrier between church and state.

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Video: Protesters Scuffle With Police During Pomona College Commencement

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Video: Protesters Scuffle With Police During Pomona College Commencement

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Protesters Scuffle With Police During Pomona College Commencement

Pro-Palestinian demonstrators tried to block access to Pomona College’s graduation ceremony on Sunday.

[chanting in call and response] Not another nickel, not another dime. No more money for Israel’s crime. Resistance is justified when people are occupied.

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Video: Police Use Pepper Spray on Protesters on G.W.U.’s Campus

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Video: Police Use Pepper Spray on Protesters on G.W.U.’s Campus

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Police Use Pepper Spray on Protesters on G.W.U.’s Campus

Police officers arrested 33 pro-Palestinian protesters and cleared a tent encampment on the campus of George Washingon University.

“The Metropolitan Police Department. If you are currently on George Washington University property, you are in violation of D.C. Code 22-3302, unlawful entry on property.” “Back up, dude, back up. You’re going to get locked up tonight — back up.” “Free, free Palestine.” “What the [expletive] are you doing?” [expletives] “I can’t stop — [expletives].”

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How Counterprotesters at U.C.L.A. Provoked Violence, Unchecked for Hours

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How Counterprotesters at U.C.L.A. Provoked Violence, Unchecked for Hours

A satellite image of the UCLA campus.

On Tuesday night, violence erupted at an encampment that pro-Palestinian protesters had set up on April 25.

The image is annotated to show the extent of the pro-Palestinian encampment, which takes up the width of the plaza between Powell Library and Royce Hall.

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The clashes began after counterprotesters tried to dismantle the encampment’s barricade. Pro-Palestinian protesters rushed to rebuild it, and violence ensued.

Arrows denote pro-Israeli counterprotesters moving towards the barricade at the edge of the encampment. Arrows show pro-Palestinian counterprotesters moving up against the same barricade.

Police arrived hours later, but they did not intervene immediately.

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An arrow denotes police arriving from the same direction as the counterprotesters and moving towards the barricade.

A New York Times examination of more than 100 videos from clashes at the University of California, Los Angeles, found that violence ebbed and flowed for nearly five hours, mostly with little or no police intervention. The violence had been instigated by dozens of people who are seen in videos counterprotesting the encampment.

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The videos showed counterprotesters attacking students in the pro-Palestinian encampment for several hours, including beating them with sticks, using chemical sprays and launching fireworks as weapons. As of Friday, no arrests had been made in connection with the attack.

To build a timeline of the events that night, The Times analyzed two livestreams, along with social media videos captured by journalists and witnesses.

The melee began when a group of counterprotesters started tearing away metal barriers that had been in place to cordon off pro-Palestinian protesters. Hours earlier, U.C.L.A. officials had declared the encampment illegal.

Security personnel hired by the university are seen in yellow vests standing to the side throughout the incident. A university spokesperson declined to comment on the security staff’s response.

Mel Buer/The Real News Network

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It is not clear how the counterprotest was organized or what allegiances people committing the violence had. The videos show many of the counterprotesters were wearing pro-Israel slogans on their clothing. Some counterprotesters blared music, including Israel’s national anthem, a Hebrew children’s song and “Harbu Darbu,” an Israeli song about the Israel Defense Forces’ campaign in Gaza.

As counterprotesters tossed away metal barricades, one of them was seen trying to strike a person near the encampment, and another threw a piece of wood into it — some of the first signs of violence.

Attacks on the encampment continued for nearly three hours before police arrived.

Counterprotesters shot fireworks toward the encampment at least six times, according to videos analyzed by The Times. One of them went off inside, causing protesters to scream. Another exploded at the edge of the encampment. One was thrown in the direction of a group of protesters who were carrying an injured person out of the encampment.

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Mel Buer/The Real News Network

Some counterprotesters sprayed chemicals both into the encampment and directly at people’s faces.

Sean Beckner-Carmitchel via Reuters

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At times, counterprotesters swarmed individuals — sometimes a group descended on a single person. They could be seen punching, kicking and attacking people with makeshift weapons, including sticks, traffic cones and wooden boards.

StringersHub via Associated Press, Sergio Olmos/Calmatters

In one video, protesters sheltering inside the encampment can be heard yelling, “Do not engage! Hold the line!”

In some instances, protesters in the encampment are seen fighting back, using chemical spray on counterprotesters trying to tear down barricades or swiping at them with sticks.

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Except for a brief attempt to capture a loudspeaker used by counterprotesters, and water bottles being tossed out of the encampment, none of the videos analyzed by The Times show any clear instance of encampment protesters initiating confrontations with counterprotesters beyond defending the barricades.

Shortly before 1 a.m. — more than two hours after the violence erupted — a spokesperson with the mayor’s office posted a statement that said U.C.L.A officials had called the Los Angeles Police Department for help and they were responding “immediately.”

Officers from a separate law enforcement agency — the California Highway Patrol — began assembling nearby, at about 1:45 a.m. Riot police with the L.A.P.D. joined them a few minutes later. Counterprotesters applauded their arrival, chanting “U.S.A., U.S.A., U.S.A.!”

Just four minutes after the officers arrived, counterprotesters attacked a man standing dozens of feet from the officers.

Twenty minutes after police arrive, a video shows a counterprotester spraying a chemical toward the encampment during a scuffle over a metal barricade. Another counterprotester can be seen punching someone in the head near the encampment after swinging a plank at barricades.

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Fifteen minutes later, while those in the encampment chanted “Free, free Palestine,” counterprotesters organized a rush toward the barricades. During the rush, a counterprotester pulls away a metal barricade from a woman, yelling “You stand no chance, old lady.”

Throughout the intermittent violence, officers were captured on video standing about 300 feet away from the area for roughly an hour, without stepping in.

It was not until 2:42 a.m. that officers began to move toward the encampment, after which counterprotesters dispersed and the night’s violence between the two camps mostly subsided.

The L.A.P.D. and the California Highway Patrol did not answer questions from The Times about their responses on Tuesday night, deferring to U.C.L.A.

While declining to answer specific questions, a university spokesperson provided a statement to The Times from Mary Osako, U.C.L.A.’s vice chancellor of strategic communications: “We are carefully examining our security processes from that night and are grateful to U.C. President Michael Drake for also calling for an investigation. We are grateful that the fire department and medical personnel were on the scene that night.”

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L.A.P.D. officers were seen putting on protective gear and walking toward the barricade around 2:50 a.m. They stood in between the encampment and the counterprotest group, and the counterprotesters began dispersing.

While police continued to stand outside the encampment, a video filmed at 3:32 a.m. shows a man who was walking away from the scene being attacked by a counterprotester, then dragged and pummeled by others. An editor at the U.C.L.A. student newspaper, the Daily Bruin, told The Times the man was a journalist at the paper, and that they were walking with other student journalists who had been covering the violence. The editor said she had also been punched and sprayed in the eyes with a chemical.

On Wednesday, U.C.L.A.’s chancellor, Gene Block, issued a statement calling the actions by “instigators” who attacked the encampment unacceptable. A spokesperson for California Gov. Gavin Newsom criticized campus law enforcement’s delayed response and said it demands answers.

Los Angeles Jewish and Muslim organizations also condemned the attacks. Hussam Ayloush, the director of the Greater Los Angeles Area office of the Council on American-Islamic Relations, called on the California attorney general to investigate the lack of police response. The Jewish Federation Los Angeles blamed U.C.L.A. officials for creating an unsafe environment over months and said the officials had “been systemically slow to respond when law enforcement is desperately needed.”

Fifteen people were reportedly injured in the attack, according to a letter sent by the president of the University of California system to the board of regents.

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The night after the attack began, law enforcement warned pro-Palestinian demonstrators to leave the encampment or be arrested. By early Thursday morning, police had dismantled the encampment and arrested more than 200 people from the encampment.

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