After voting to sue the BCR at J-Council, the Berkeley ACLU has opted instead to focus on the trend of campus political groups searching patrons at their events to confiscate opposing literature. These challenges will take place at the level of student group code of conduct either in changes or enforcement, rather than by way of lawsuit.

The reason for dropping the lawsuit approach seems to be a matter of efficiency in promoting free speech. It seems nothing at the campus level prohibits view-point-dependent confiscation at public events, and the action is certainly not limited to BCR. Even worse, the confiscations are not confined to protestors carrying stacks of fliers, but anyone possessing them in the solitary, which is entirely unreasonable.

Most BACLU members still stand against the prohibition of 11”×17” placards (i.e. large paper in size) at public events and in favor of allowing groups to prohibit posters (anything larger than that). This highlights what an ambiguous issue the freedom of speech truly is; people will always disagree on what constitutes a public versus private forum, what actions squelch dissent, and so on.
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