Other legal experts noted that the controversy showed just how mangled the understanding of the First Amendment had become, even at a place like Berkeley, the epicenter of the 1960s free-speech movement. The debate, they said, should focus on whether these bans align with the academic ideal of open, intellectual debate. Even if student groups can prohibit speakers, should they? And should such bans be codified — formally adopted with a bylaw?

“There’s a real confusion about freedom of speech as a cultural value and freedom of speech as a legal concept,” said Will Creeley, the legal director of Foundation for Individual Rights and Expression, a free-speech advocacy group.