WEBVTT

1
00:00:00.160 --> 00:00:05.280
A Louisiana school shows an unexpected twist
the story of Kaylee Timminey, a standout

2
00:00:05.320 --> 00:00:09.640
high school senior who has captured our
attention. Her scholarship and student government role

3
00:00:09.640 --> 00:00:13.199
were taken away. Call it the
emergence of the video showing her dancing at

4
00:00:13.199 --> 00:00:17.239
a private party. Kaylee, with
an outstanding four point zero GPO and numerous

5
00:00:17.280 --> 00:00:21.519
school accolades, now finds herself at
the center of a controversy that touches upon

6
00:00:21.640 --> 00:00:26.199
faith, punishment, and do you
process. This story has ignited widespread community

7
00:00:26.199 --> 00:00:30.480
support for Kaylee, who is bravely
facing an unjust question so unjust situation.

8
00:00:31.079 --> 00:00:35.000
Dancing and a private gathering should never
cost a student to their dreams, and

9
00:00:35.159 --> 00:00:40.000
the school's decision has raised an important
question about fairness and individual rights. In

10
00:00:40.079 --> 00:00:44.039
moments like these, we're reminded that
supporting our youth is crucial. No matter

11
00:00:44.079 --> 00:00:48.159
the circumstances. Let the girl dance, shouldn't we, Jonathan? We certainly

12
00:00:48.159 --> 00:00:52.439
should let her dance. In my
opinion, this principle, who has since

13
00:00:53.280 --> 00:00:57.960
retiring after taking leave for the rest
of the school year, that's according to

14
00:00:58.000 --> 00:01:02.719
the superintendent, Joe Murphy, is
not enough. He should have been fired

15
00:01:02.759 --> 00:01:07.560
immediately once this came to light.
You know, he did some pretty cringe

16
00:01:07.599 --> 00:01:11.840
worthy things when in a meeting he
had where her after he saw the video,

17
00:01:12.239 --> 00:01:18.280
which was really innocuous, and her
mother was at the party and saw

18
00:01:18.400 --> 00:01:22.200
everything, said they were just having
fun, and he, of course,

19
00:01:22.280 --> 00:01:29.760
being a religious bigot, decided that
her dancing was not appropriate for a person

20
00:01:29.799 --> 00:01:34.159
who was like the representative of the
school because of her GPA and being the

21
00:01:34.159 --> 00:01:42.519
president of the student government. So
his opinions don't count because this person was

22
00:01:42.680 --> 00:01:48.000
off campus at a private event.
The video was posted by a DJ who

23
00:01:48.079 --> 00:01:52.000
was playing the event. Just not
a thing that should have even come up.

24
00:01:52.120 --> 00:01:53.879
And if he did see that and
he didn't like it, fine,

25
00:01:55.040 --> 00:01:57.760
keep that to yourself. Your position
as a principal should have nothing to do

26
00:01:57.840 --> 00:02:06.920
with So just absolutely insane that this
guy would do that. Rachel timin that

27
00:02:07.680 --> 00:02:13.240
the mother made it all clear and
said basically apology, not accepted. The

28
00:02:13.319 --> 00:02:17.120
scholarship she was going for had a
deadline on the third of October. So

29
00:02:17.280 --> 00:02:23.719
his apology, which really I didn't
think was really an apology, was like

30
00:02:23.759 --> 00:02:27.439
a day late and a dollar short, as Rachel also said, and so

31
00:02:27.520 --> 00:02:31.000
she didn't get an opportunity for that
scholarship because he is a jerk. So

32
00:02:31.240 --> 00:02:37.159
in that sense, I think that
something should have been done that was even

33
00:02:37.199 --> 00:02:40.680
worse. This is more galling when
you read the comments sections on the news

34
00:02:40.879 --> 00:02:45.840
Parish news article, which I think
is close to her, and this is

35
00:02:45.919 --> 00:02:51.319
from a Daisy Burley in the comment
he needs to be fired. He abused

36
00:02:51.319 --> 00:02:54.560
his power with me seventeen years ago. And again this man called me a

37
00:02:54.599 --> 00:03:00.199
spoiled brat after I was sent to
the office for an untucked shirt eight years

38
00:03:00.199 --> 00:03:04.919
before. He had covered up the
fact that an art teacher at Freshwater Elementary,

39
00:03:05.120 --> 00:03:07.400
I'd pinched my brother so hard it
left the bruise, which was confirmed

40
00:03:07.439 --> 00:03:12.879
by a doctor. One of the
commentors summed it up a luke t The

41
00:03:12.960 --> 00:03:16.759
fact that the former students are speaking
out now is not even slightly surprising.

42
00:03:16.879 --> 00:03:22.800
It does show just how little the
surrounding adults have taken their students seriously over

43
00:03:22.879 --> 00:03:25.919
the decades. This isn't a rotten
apple, The orchard is diseased. What

44
00:03:25.960 --> 00:03:29.840
do you think, Kelly, Well, I think a lot about this.

45
00:03:30.240 --> 00:03:36.280
I'm actually disgusted by the whole thing. Honestly, that this principle is putting

46
00:03:36.280 --> 00:03:39.639
his religious views onto something that didn't
even happen at the school. It just

47
00:03:39.639 --> 00:03:45.840
seems really egregious to me. And
it's the religious overtones that I don't know,

48
00:03:45.879 --> 00:03:47.879
if it's dead or something else,
that bothers me the most about it.

49
00:03:47.919 --> 00:03:53.400
But does every student who's going to
a public high school now have to

50
00:03:53.439 --> 00:03:57.719
be Christian and strictly follow with this
principle, this particular principle things that are

51
00:03:57.800 --> 00:04:01.280
his Christian values. This dudent wasn't
a Christian too. Can you imagine if

52
00:04:01.319 --> 00:04:04.360
she had belonged to another face,
like if she had been a Muslim or

53
00:04:04.360 --> 00:04:11.319
something. I don't I think she
probably probably would have faced a lot worse

54
00:04:11.360 --> 00:04:14.960
than what's happening to her now.
But the thing that really standing out stood

55
00:04:15.000 --> 00:04:17.959
out to me was that she was
told she was singled out because she was

56
00:04:18.040 --> 00:04:24.720
such a good student. She actually
got punished badly because she was a good

57
00:04:24.759 --> 00:04:28.160
student. And you have to wonder
what would have happened if she had just

58
00:04:28.199 --> 00:04:31.959
been a c average student. She
didn't do any extracurricular activities, she was

59
00:04:32.040 --> 00:04:38.000
just you know, just part of
the crowd. And it was this like

60
00:04:38.040 --> 00:04:42.120
a misogynist move on this principal's part, you know, you can't have these

61
00:04:42.160 --> 00:04:46.560
strong women standing up and being in
positions of power like president of the class.

62
00:04:46.879 --> 00:04:51.480
So you know, because women they
belong in the kitchen. That's where

63
00:04:51.480 --> 00:04:56.319
they're supposed to be. They're supposed
to be raising kids and serving her husband's

64
00:04:56.480 --> 00:04:59.199
That's what it says in the Bible. So I have to wonder if this

65
00:04:59.360 --> 00:05:04.759
was just as conservative male Christian with
his misogynist ideas and forcing him basically bullying

66
00:05:04.800 --> 00:05:10.519
this little girl over this. I
know cross examiner has probably got all kinds

67
00:05:10.519 --> 00:05:13.399
of great stuff to say about this, so I don't want to hog the

68
00:05:13.439 --> 00:05:15.240
microphone. I'd like to hear what
he has to say instead. Well,

69
00:05:15.279 --> 00:05:19.399
I think you guys raised some excellent
points and ask some good questions. I

70
00:05:19.439 --> 00:05:24.720
think what I did is I went
and said, okay, let me refresh

71
00:05:24.759 --> 00:05:28.240
my mind on what the rules are
here, because this is, as you

72
00:05:28.319 --> 00:05:32.319
pointed out, behavior that's outside of
school at a non school sponsored event,

73
00:05:32.399 --> 00:05:35.920
and the school is a public school. So this is a First Amendment issue

74
00:05:35.920 --> 00:05:40.319
one hundred percent, because she was
dancing, which is a form of expression.

75
00:05:40.600 --> 00:05:45.040
So just to do a quick review, the first case that we have

76
00:05:45.560 --> 00:05:48.639
is from nineteen sixty nine Tinker versus
des Moines, where you may remember the

77
00:05:48.720 --> 00:05:56.439
students wore black armbands protesting our participation
in the Vietnam War. Principles suspended them,

78
00:05:56.480 --> 00:05:59.920
and that was the first time the
Supreme Court said no. The thing

79
00:06:00.240 --> 00:06:03.959
quote is neither students nor teachers shed
their constitutional rights to freedom of speech or

80
00:06:04.040 --> 00:06:08.759
expression at the schoolhouse gate. And
that was from nineteen sixty nine. That's

81
00:06:08.800 --> 00:06:12.600
been on the books and been controlling
ever since. We've had cases since then,

82
00:06:12.680 --> 00:06:15.480
especially kind of recently where they've sort
of tried to tamp that down a

83
00:06:15.480 --> 00:06:18.480
bit. You may remember the Bong
Hits for Jesus case, Kelly, I

84
00:06:18.480 --> 00:06:24.519
know you discussed it. You're a
fan. I see. So this was

85
00:06:24.560 --> 00:06:28.079
a case where a student was at
a school event that was outside and he

86
00:06:28.240 --> 00:06:30.920
was across the street from a school
during a two thousand and two Winter of

87
00:06:30.959 --> 00:06:34.480
Olympics torts relay, and he held
up a sign that says Bong Hits for

88
00:06:34.759 --> 00:06:38.759
Jesus. And I love the Supreme
Court opinion that has a little sick after

89
00:06:38.800 --> 00:06:41.319
it because of the four was a
form. They just wanted to make sure

90
00:06:41.399 --> 00:06:45.519
you understood what the sign was.
But they they upheld the principal taking action

91
00:06:45.600 --> 00:06:49.279
against that student because he was promoting, in their opinion, illegal drug use

92
00:06:49.319 --> 00:06:54.959
and it was close enough to the
school, so they didn't find that the

93
00:06:55.040 --> 00:06:58.439
student had the right to do that
at that time, in that close to

94
00:06:58.519 --> 00:07:00.720
the school. But the most important
case is from only two years ago.

95
00:07:00.920 --> 00:07:04.199
So we're this is a case that
was heard by the current court, the

96
00:07:04.319 --> 00:07:11.040
ultra conservative court, and that is
Mahonai Area School District versus a minor.

97
00:07:11.079 --> 00:07:14.199
They're anonymous, but we all know
who she was. This was the student

98
00:07:14.199 --> 00:07:20.040
who sent vulgar voice and image messages
to her friends on Snapchat saying, you

99
00:07:20.079 --> 00:07:25.199
know, f the cheerleading squad that
she belonged to. The school found out

100
00:07:25.240 --> 00:07:28.680
and suspended her, and in an
eight to one opinion in the current court

101
00:07:28.759 --> 00:07:32.800
eight to one, they said absolutely
not. That is utterly unconstitutional. Now,

102
00:07:32.839 --> 00:07:35.920
they didn't create a firm rule,
but they gave us a list of

103
00:07:35.959 --> 00:07:41.680
factors that I think we can apply
to the current case. First factor relation

104
00:07:41.839 --> 00:07:44.879
to how close you are to the
campus. If you're off campus, then

105
00:07:44.920 --> 00:07:47.920
the school likely has no right to
be doing what they're doing. They won't

106
00:07:47.959 --> 00:07:51.480
stand as they say in loco parentis, they won't be replacing the parents.

107
00:07:51.519 --> 00:07:57.240
And here they were in an off
school location at a party that was private

108
00:07:57.279 --> 00:08:01.079
that was paid for by the parents. The second factor they said was when

109
00:08:01.120 --> 00:08:05.879
you regulate a student's speech off campus, you are also regulating their speech on

110
00:08:05.920 --> 00:08:09.120
campus, which means twenty four hours
a day the school is regulating their speech,

111
00:08:09.120 --> 00:08:13.680
and that goes against our democratic principles. So you have to have a

112
00:08:13.759 --> 00:08:18.079
really important reason to regulate behavior off
side of campus. Here the girl was

113
00:08:18.160 --> 00:08:20.519
dancing, so I don't think you
meet that one. And finally, the

114
00:08:20.560 --> 00:08:26.519
third says, the school has to
protect a student's unpopular expression because nobody fights

115
00:08:26.519 --> 00:08:33.679
against popular expression, and this expression
was unpopular with one person, one person

116
00:08:33.720 --> 00:08:35.600
in this whole story, and it
was the principle. So I think if

117
00:08:35.639 --> 00:08:41.279
this went to court, utterly those
three factors speak that it would fail entirely.

118
00:08:41.320 --> 00:08:46.039
It's utterly unconstitutional. The school knew
it and immediately got this guy to

119
00:08:46.120 --> 00:08:50.000
resign. So that's where I am
on this. It's disgusting even if you

120
00:08:50.039 --> 00:08:54.639
don't even you don't even have to
touch the religious issue, it's unconstitutional just

121
00:08:54.720 --> 00:08:56.120
on the face of him banning her
for dancing. So what do you what's

122
00:08:56.120 --> 00:08:58.720
your take? Phoebe so falling on
from what you're saying it reminds me of

123
00:08:58.720 --> 00:09:03.559
two other cases that are adjacent but
don't particularly do school free speech, but

124
00:09:03.600 --> 00:09:07.960
they do do free speech in school
and free speech outside like this, so

125
00:09:09.200 --> 00:09:13.879
it reminds me of the famous Jehovah's
Witnesses case of West Virginia B. Barnett,

126
00:09:13.080 --> 00:09:16.799
where you are entitled to turn around
and say no, I do not

127
00:09:16.960 --> 00:09:20.759
take part in the pledge of allegiance, which is where this principle could end

128
00:09:20.840 --> 00:09:24.120
up if you take this to its
logical conclusion. Does he start to then

129
00:09:24.200 --> 00:09:28.559
go into the classroom and say I
don't like this, I don't like that,

130
00:09:28.960 --> 00:09:33.200
And then you have the famous Onion
article brief for Novagua, City of

131
00:09:33.240 --> 00:09:37.120
Palma, which allows someone to basically
say whatever they like and the police can't

132
00:09:37.120 --> 00:09:41.519
come after you. So I bring
up those two cases because the logical conclusion

133
00:09:41.519 --> 00:09:46.480
of this is if the principle is
not sued into oblivion and the school district

134
00:09:46.480 --> 00:09:50.120
don't sack the backside out of it, that is the logical conclusion of where

135
00:09:50.120 --> 00:09:52.200
this slippery slope could end up with, because you could end up with satire

136
00:09:52.399 --> 00:09:56.639
that one person doesn't like being attacked, whether that be on campus or just

137
00:09:56.679 --> 00:10:01.080
from a general public point view,
or do we start to chip away at

138
00:10:01.159 --> 00:10:07.000
the right to turn around and say, my religious points of view do not

139
00:10:07.399 --> 00:10:13.879
align with yours, but I think
mine's better. Christo fascism in its one

140
00:10:13.960 --> 00:10:18.039
oh one, Chrysto fascism in its
one oh one coming along and saying I

141
00:10:18.080 --> 00:10:22.080
believe this. But what really pisces
the backside of me off of all this

142
00:10:22.279 --> 00:10:28.840
crap is the schools and employers nowadays, but particularly schools, think that they

143
00:10:28.000 --> 00:10:33.480
have an ownership of the students who
decide to go to these schools because they

144
00:10:33.759 --> 00:10:37.679
just so happened to live in the
district that they are required to go to

145
00:10:37.720 --> 00:10:41.360
that school. When I grew up, I hated the fact that the school

146
00:10:41.360 --> 00:10:46.000
would follow me home with homework.
In my opinion, when you step out

147
00:10:46.000 --> 00:10:48.639
of school, you shouldn't be required
to go and do more school at work.

148
00:10:48.679 --> 00:10:52.120
When you leave your employment at the
office, you should not be required

149
00:10:52.159 --> 00:10:58.080
to go home and do more work
when you your own business. But that's

150
00:10:58.159 --> 00:11:01.399
different taking yourself out of the public
sphere. There. If you decide to

151
00:11:01.440 --> 00:11:05.600
homeschool your children, that's completely different. So the small business and the homeschool

152
00:11:05.600 --> 00:11:09.799
are the equivalents. Is here?
If you go to work for a company,

153
00:11:09.840 --> 00:11:13.200
and that company turns around to you
and says, I expect you to

154
00:11:13.279 --> 00:11:16.200
work nine to five plus five to
nine at home as well. You would

155
00:11:16.279 --> 00:11:20.840
get pissed off. So why does
schools think it's acceptable to say, do

156
00:11:20.799 --> 00:11:22.720
you work all day at school?
Now go and do more work at home.

157
00:11:22.879 --> 00:11:26.320
Why is that an acceptable thing?
And this is where it ends up

158
00:11:26.399 --> 00:11:31.799
with our souls, like this principle
turning around and saying I dislike what you

159
00:11:31.840 --> 00:11:33.480
do in your free time because you
go to my school, and I think

160
00:11:33.519 --> 00:11:37.639
I own you. John, you
have another comment? Real quick? Yeah,

161
00:11:37.759 --> 00:11:41.919
real quick? Well that is the
word thing'd be all out for a

162
00:11:41.960 --> 00:11:46.080
second. Yeah, take a breath, Phoebe. No, I did have

163
00:11:46.159 --> 00:11:52.679
something that I noticed that in one
of the articles that I read that the

164
00:11:54.360 --> 00:11:58.840
you know, I talked about the
mother saying apology not accepted when he tried

165
00:11:58.879 --> 00:12:03.440
to have her come to a meeting. I guess like that Sunday or something.

166
00:12:03.320 --> 00:12:07.279
He uh, you know, she
turned him down on advice of counsel.

167
00:12:07.679 --> 00:12:11.840
So I'm thinking that this might go
a lot farther, but I'm gonna

168
00:12:11.879 --> 00:12:18.080
let the cross examiner do that after
Kelly has his next remarks. You know,

169
00:12:18.120 --> 00:12:22.080
what one quick thing I want to
say. I think we need to

170
00:12:22.120 --> 00:12:26.120
call out the principle here for something
else too. Jason Saint Pierre was enough

171
00:12:26.120 --> 00:12:31.279
of a Christian to bully this young
girl, but not enough of one to

172
00:12:31.360 --> 00:12:33.799
stand up for his beliefs when called
out for it. He didn't show up

173
00:12:33.840 --> 00:12:37.679
for work the day after this hit
the local news. He just kind of

174
00:12:37.759 --> 00:12:41.519
ran away from it. He's the
worst kind of bully, acting tough,

175
00:12:41.679 --> 00:12:48.360
picking on an easily defenseless target while
running away from real criticism and opposition.

176
00:12:48.759 --> 00:12:56.799
Shame shame, shame on him,
looking for a spine right looking at So

177
00:12:56.960 --> 00:13:01.720
I'm more, I'm actually more interested
in the legal aspects of this from our

178
00:13:01.879 --> 00:13:05.799
two esteemed colleagues. So I'm just
going to pass it right over to a

179
00:13:05.919 --> 00:13:11.080
cross examiner for more of what he
has to say. Oh sure, So

180
00:13:11.679 --> 00:13:16.080
I'm glad you mentioned the potential for
a lawsuit, because public officials do this

181
00:13:16.120 --> 00:13:20.240
all the time. The courts have
said, hey, you can't infringe upon

182
00:13:20.279 --> 00:13:24.879
your rights to avoid the discomfort and
unpleasantness, And that's an exact quote from

183
00:13:24.919 --> 00:13:31.399
Tinker again fifty something years ago.
To avoid the discomfort and unpleasantness that always

184
00:13:31.399 --> 00:13:35.759
accompanies an unpopular viewpoint. That was
their statement in Tinker, that's why you're

185
00:13:35.799 --> 00:13:37.639
doing this. It's a shortcut.
You know that you're breaking the law,

186
00:13:37.639 --> 00:13:39.960
at least you do now. Now
the tinker's out, So that's been out

187
00:13:41.000 --> 00:13:43.799
for fifty four years. The principal
knew this. But I don't think,

188
00:13:43.919 --> 00:13:46.200
and I agree with you, the
principle really needs to pay. Unfortunately,

189
00:13:46.240 --> 00:13:50.840
he's going to be immune from personal
suit because he's operating as a principal,

190
00:13:50.000 --> 00:13:54.720
as an official of this. I
don't think that. I don't think the

191
00:13:54.759 --> 00:13:58.039
immunity doctrine applies here. I don't
think it applies here because it is so

192
00:13:58.159 --> 00:14:03.840
far outside his duties as a principle
here and it is retaliatory against the First

193
00:14:03.840 --> 00:14:07.600
Amendment. To this point that I
think the immunity suit fails. We'll have

194
00:14:07.679 --> 00:14:11.320
to see, because, for example, immunity suits have failed against police officers

195
00:14:11.360 --> 00:14:15.080
who have prohibited the filming of them, and I think that this is in

196
00:14:15.120 --> 00:14:20.000
the same league as that, because
it is so far beyond his role as

197
00:14:20.000 --> 00:14:24.840
a principle, that he is invading
a private function of a private event in

198
00:14:24.879 --> 00:14:28.840
a private space that he was not
invited to on the basis of third party

199
00:14:30.039 --> 00:14:33.679
information. Given to him that he
himself did not witness that. I believe

200
00:14:33.720 --> 00:14:39.960
that the immunity so he sovereign immunity
doctrine that police officers get because their public

201
00:14:39.960 --> 00:14:43.679
officials will not apply here because it
is so far outside the realms of anything

202
00:14:43.759 --> 00:14:48.120
that he should be doing as a
school administrator at any description. That's one

203
00:14:48.159 --> 00:14:54.480
take. I think that, given
the Mahoney fact pattern, and given that

204
00:14:54.519 --> 00:14:58.679
this happens a lot, that off
campus behavior is regulated when it's associated with

205
00:14:58.720 --> 00:15:01.080
the school. Probably, if I
were a betting man, I would say

206
00:15:01.120 --> 00:15:07.159
that he will be if sued personally, that the courts would grant him immunity,

207
00:15:07.320 --> 00:15:11.120
and that the only defendant would be
the school system. So it'll still

208
00:15:11.159 --> 00:15:16.559
cost him because he'll have to hire
attorneys, he'll have to defend himself,

209
00:15:16.600 --> 00:15:18.639
he'll have to file motions to dismiss
because he's got immunity, all of those

210
00:15:18.679 --> 00:15:22.039
sorts of things. But I don't
think he's going to be on the hook

211
00:15:22.120 --> 00:15:26.559
for the full pen Who will be
on the hook will be the citizens of

212
00:15:26.600 --> 00:15:31.519
that district, because if they sue
and win, I don't know what the

213
00:15:31.559 --> 00:15:37.960
damages are going to be. Certainly, certainly if she loses on a scholarship.

214
00:15:37.960 --> 00:15:41.399
She would have otherwise gotten that emotional
distress. She's a four point zero

215
00:15:41.399 --> 00:15:46.039
student, she's the president of the
student government association. Her mother described her

216
00:15:46.080 --> 00:15:50.080
as the quote hood ornament of the
school, so she was taken down.

217
00:15:50.399 --> 00:15:54.759
She's probably just beside herself thinking her
life is over because she's not going to

218
00:15:54.759 --> 00:16:00.320
get any schools during this period.
So I definitely think that that's what's going

219
00:16:00.360 --> 00:16:03.120
to happen. Is i'm if i'm
their attorney, I think they have a

220
00:16:03.159 --> 00:16:06.759
great case. I just don't know
what the damages are going to be.

221
00:16:06.799 --> 00:16:10.080
It's not going to be millions,
but it's going to be something they should

222
00:16:10.080 --> 00:16:12.320
pursue. I think if they can. I think what will happen is that

223
00:16:12.399 --> 00:16:17.080
the immunity side of this will go
a long way, because I think that

224
00:16:17.120 --> 00:16:19.399
there will be appeals against this,
and I think this is the kind of

225
00:16:19.639 --> 00:16:26.559
First Amendment retaliation case that the Supreme
Court is actually looking for. The other

226
00:16:26.600 --> 00:16:29.399
cases that you mentioned. I know
it does happen a lot of the time,

227
00:16:29.440 --> 00:16:33.440
but this has a clear fact pattern
of it is religiously based. It's

228
00:16:33.519 --> 00:16:37.559
freedom of religion that he will argue
that he was expressing. She will argue

229
00:16:37.559 --> 00:16:41.559
that she was expressing her freedom of
expression, two elements of the First Amendment

230
00:16:41.720 --> 00:16:45.480
that the Supreme Court seem to like
to want to take on at the moment.

231
00:16:45.679 --> 00:16:51.720
And I can see this being rather
than police officer cases, because police

232
00:16:51.759 --> 00:16:55.399
officer cases they're very emotive. Oh, the police officer was defending himself,

233
00:16:55.559 --> 00:16:57.559
et cetera, et cetera. Police
officer feared for his life, etcetera.

234
00:16:57.639 --> 00:17:00.840
He can't make any of those claims
in this here. And I think that

235
00:17:00.919 --> 00:17:04.599
this is the kind of case the
Supreme Court is actually looking for to try

236
00:17:04.599 --> 00:17:08.160
to answer this kind of question because
they made it up. They made up

237
00:17:08.200 --> 00:17:12.400
public official immunity themselves. The Supreme
Court made it up. And I think

238
00:17:12.440 --> 00:17:17.039
they have now realized that it has
got to the point where you've now got

239
00:17:17.119 --> 00:17:19.279
public officials doing things that are egregious
and going well. I'm public officials through

240
00:17:19.279 --> 00:17:22.480
the school, through the city,
and the city is now left on the

241
00:17:22.519 --> 00:17:26.079
hook and the taxpayer is left on
the hook for actions that should never have

242
00:17:26.119 --> 00:17:30.119
been done in the first place.
And I think the Supreme Court is now

243
00:17:30.240 --> 00:17:36.279
seeing that cases are coming along where
the ordinary taxpayer is suffering for the actions

244
00:17:36.279 --> 00:17:41.799
of people who are going so far
beyond their role so far beyond their position

245
00:17:42.039 --> 00:17:47.119
and are using religion as an excuse
that It's the kind of case I think

246
00:17:47.200 --> 00:17:51.279
that this Supreme Court, with its
six to three makeup of its very conservative,

247
00:17:51.559 --> 00:17:53.640
very religious jurists, will want to
take. But I fear that they

248
00:17:53.680 --> 00:17:59.480
would side with the principle and say
it's fine because he was expressing his freedom

249
00:17:59.480 --> 00:18:03.559
of religion through his job and he
believed truly that this is what he was

250
00:18:03.599 --> 00:18:06.759
doing. And that's where I fear
this will go. Personally, it should

251
00:18:06.759 --> 00:18:08.480
go towards the student, and I
don't think he should get immunity because I

252
00:18:08.519 --> 00:18:12.880
think what he did preserve absolutely outrageous. Yeah, I don't think the Court's

253
00:18:12.920 --> 00:18:17.599
gonna do anything with this case.
I think every single court that views this

254
00:18:17.799 --> 00:18:22.039
will will probably be unanimous that this
was unconstitutional, especially in light of mahone

255
00:18:22.240 --> 00:18:26.799
excuse me, MAHNOI the Snapchat case, which was an eight to one opinion

256
00:18:26.880 --> 00:18:32.319
under this exact same court with less
egregious facts. So this is an open

257
00:18:32.319 --> 00:18:34.759
and shutcase. I don't think it'd
even go to trial. I think the

258
00:18:36.119 --> 00:18:38.880
the County will just settle this case. That's where I think will happen.

259
00:18:38.880 --> 00:18:41.480
But if it does go federally.
It is the sixth Circuit in the sixth

260
00:18:41.480 --> 00:18:45.279
Turkey is not a court. It's
not a court circuit. I would ever

261
00:18:45.319 --> 00:18:49.319
bet money on anything normal happening in
Yeah, it's it's it's always. You'd

262
00:18:49.359 --> 00:18:52.000
never like to say I know what's
going to happen. But with this one,

263
00:18:52.039 --> 00:18:56.720
this is like one of the ones
I tossed on. It's eight Circuit

264
00:18:56.359 --> 00:19:00.799
Tennessee. But anyway, yeah,
that's that's sort of take on things.

265
00:19:00.960 --> 00:19:03.519
I agree with everybody the principle with
a bad actor, I will point out

266
00:19:03.599 --> 00:19:07.920
that without the religious again, i'll
repeat, without the religious overtones, this

267
00:19:08.000 --> 00:19:12.599
is still an open and shutcase.
Adding the one fact where he said that

268
00:19:12.880 --> 00:19:18.119
they discussed religion, that does bring
it into a sort of worse realm of

269
00:19:18.200 --> 00:19:23.319
motivation, But it's so solid that
you don't even need that. The fact

270
00:19:23.319 --> 00:19:30.880
that he reached out his governmental hand
to harm this person's life unconstitutionally is enough

271
00:19:30.960 --> 00:19:36.759
to just rightly be fired, which
he was given the chance to resign.

272
00:19:37.000 --> 00:19:40.559
I regret that, but he's gone. Hopefully they get a better official in

273
00:19:40.599 --> 00:19:44.519
there. Well, shame on him, and shame on you, dear viewer,

274
00:19:44.559 --> 00:19:45.640
if you don't check out more of
nonprofits,