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<v Speaker 1>Hello, and welcome to the Texas trib Cast for Tuesday,

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<v Speaker 1>September sixteenth. I'm Eleanor Klibanoff Law and politics reporter, alongside

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<v Speaker 1>as always editor in chief Matthew Watkins.

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<v Speaker 2>Welcome back, Thank you.

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<v Speaker 1>I was extraordinarily tempted to not return to work after

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<v Speaker 1>a couple of weeks off. I will tell you this,

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<v Speaker 1>though I.

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<v Speaker 2>Was in Europe and I've heard of it.

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<v Speaker 1>I am alarmed to tell you that the Europeans very

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<v Speaker 1>aware of Texas redistricting.

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<v Speaker 3>Interesting.

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<v Speaker 1>I promise I did not bring this up.

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<v Speaker 4>I promise.

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<v Speaker 1>Say you're from Texas, you know Texas first of all

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<v Speaker 1>the reactions it gets. I was with a traveling other

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<v Speaker 1>friend from New York. It's like the two places people

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<v Speaker 1>know in New York Texas, and and got a lot

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<v Speaker 1>of reactions, a lot like oh man, Texas, Like oh

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<v Speaker 1>what's going on there? Nothing makes me more patriotic or

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<v Speaker 1>more Texas might bring my Texas allegiance out more than

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<v Speaker 1>a European trying to tell me that they don't like

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<v Speaker 1>how we're doing things here.

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<v Speaker 3>Yeah, yeah, I feel that it used to be they

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<v Speaker 3>would associate it with George Bush. You know, they'd be like, oh, yeah,

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<v Speaker 3>you must be like a George Bush guy. Apparently now

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<v Speaker 3>it's redistrict team, right.

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<v Speaker 1>Yeah, yeah, and again in Europe, I am a George

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<v Speaker 1>Bush guy. You know. Don't try and tell me how

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<v Speaker 1>to feel about my elected officials. Yeah, yeah, no, So

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<v Speaker 1>that was very alarming. I tried to escape it. I

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<v Speaker 1>could not.

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<v Speaker 2>Well, that sounds that's terrible, especially Germans.

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<v Speaker 1>The Germans very alarmed about everything. I was like, yeah,

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<v Speaker 1>I gotta calm down a little bit. It's not really,

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<v Speaker 1>it's gonna be fine anyway. That's not what we're here

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<v Speaker 1>to talk about this week. We have for finally, at

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<v Speaker 1>lease a little bit moved on from the redistricting haha

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<v Speaker 1>and have found ourselves in another, you know, major national

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<v Speaker 1>news story here in Texas. So this week we're going

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<v Speaker 1>to be digging into sort of the college campus free

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<v Speaker 1>speech wars that we've seen really bubbling up over the

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<v Speaker 1>last couple of years that has culminated, perhaps that's optimistic

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<v Speaker 1>in an incident with Texas A and M where a

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<v Speaker 1>professor was fired after a confrontation with a student over

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<v Speaker 1>gender identity content in a children's literature course. You know,

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<v Speaker 1>this is just the latest in an ongoing series of

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<v Speaker 1>clashes at Texas A and M at Texas universities more

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<v Speaker 1>generally nationally, on college campuses over diversity, equity and inclusion,

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<v Speaker 1>gender identity, what is taught and who can say?

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<v Speaker 5>What you know?

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<v Speaker 1>Similarly, the day after this incident, a Texas State professor

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<v Speaker 1>was fired after he was accused of inciting violence while

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<v Speaker 1>speaking at a socialism conference. So just a lot happening

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<v Speaker 1>all at once. So joining us to talk through the

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<v Speaker 1>nuances of these issues is Texas Tribune Higher ed reporter

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<v Speaker 1>Jessica Priest.

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<v Speaker 4>Jessica, thank you for joining us, Thank you for having me.

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<v Speaker 3>Jessica is actually in Indiana this time.

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<v Speaker 1>YEA.

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<v Speaker 3>Loyal listeners of the podcast will know that snaeha last

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<v Speaker 3>week I accused of being in Indiana, which he was

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<v Speaker 3>actually in Illinois, So we said, Jessica to.

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<v Speaker 1>Indiana, to Indiana, just to make sure we had one.

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<v Speaker 1>We are also joined by Zach Greenberg, faculty legal defense

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<v Speaker 1>counsel at the Foundation for Individual Rights and Expression. Where

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<v Speaker 1>are you, Zach.

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<v Speaker 2>We're in the great city of Philadelphia.

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<v Speaker 1>Thanks for having me. H, that's not Indiana or Illinois

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<v Speaker 1>or Texas City Champions. Yeah, Jessica, let's start with you,

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<v Speaker 1>and maybe you can sort of just give us an

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<v Speaker 1>overview of what happened and where things stand with Texas

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<v Speaker 1>A and M.

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<v Speaker 4>Oh gosh, where did we get? Okay? So I think

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<v Speaker 4>it was Monday. State Representative Brian Harrison tweeted started a

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<v Speaker 4>Twitter thread where he shared a video that was taken

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<v Speaker 4>in a course, a literature course at Texas A and m.

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<v Speaker 4>It's important to note that the video and the class

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<v Speaker 4>in question that he shows happened over the summer. So

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<v Speaker 4>it was a summer class, and it was about children's literature,

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<v Speaker 4>and it was for college students, for juniors and seniors

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<v Speaker 4>in college, not children. And the video depicts it doesn't

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<v Speaker 4>show anyone's face, but it's clear from watching the video

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<v Speaker 4>you hear a student talking to the professor and you know,

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<v Speaker 4>respectfully asking or asking or confronting her about why she

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<v Speaker 4>is teaching about gender in the course. The student says

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<v Speaker 4>that it's, you know, against her religious beliefs and argues

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<v Speaker 4>that it's also against President Trump's executive order. We haven't

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<v Speaker 4>spoken with the student, but I believe she's referring to

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<v Speaker 4>an executive order the president issued in January that basically says,

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<v Speaker 4>you know, the federal government only recognizes two genders and

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<v Speaker 4>instructs the federal agencies directs them to not fund any

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<v Speaker 4>projects that, in his view, would promote gender ideology. So

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<v Speaker 4>it's not this executive order is not a law. I

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<v Speaker 4>think that's also important for people to know. So my

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<v Speaker 4>reporting has been that there is no federal or state

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<v Speaker 4>law that prohibits, you know, a college professor from teaching

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<v Speaker 4>about gender. That was a very long.

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<v Speaker 3>Explation that being said Brian Harrison, the state representative who

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<v Speaker 3>posted this, who is an aggie and also perhaps the

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<v Speaker 3>most conservative member of a very conservative.

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<v Speaker 1>Legislature and a social media recontoire right right like he is,

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<v Speaker 1>gets much of what he is known for is sort

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<v Speaker 1>of identifying these things on college campus, is highlighting and

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<v Speaker 1>demanding for significant penalties, including firing.

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<v Speaker 3>Right and has has been pretty effective, particularly at his

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<v Speaker 3>alma mater, of drawing attention to these things and bringing

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<v Speaker 3>changes to it, really pushing the idea that these universities,

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<v Speaker 3>particularly A and M, in his mind, are promoting an

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<v Speaker 3>ideology that doesn't align with the values of the state

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<v Speaker 3>or or what he thinks the university should be teaching,

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<v Speaker 3>and therefore that you know, what he would call in

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<v Speaker 3>doctor nation should be should be stopped and eliminated, especially right,

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<v Speaker 3>and in.

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<v Speaker 1>This case he did sort of by escalating this. He

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<v Speaker 1>called for or Jessica to talk a little about like

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<v Speaker 1>what the HR side of this, Like what happened then

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<v Speaker 1>in terms of penalties.

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<v Speaker 5>Yeah.

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<v Speaker 4>So in the tweet thread, so in addition to the

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<v Speaker 4>video of the student, you know where you hear the

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<v Speaker 4>student and the professor talking, he also shared what appears

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<v Speaker 4>to be like a recording of either a phone call

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<v Speaker 4>or an in person meeting with the university president, President

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<v Speaker 4>Mark Welsh. And in the video, President Welsh appears to

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<v Speaker 4>defend the teacher or the professor and what she's teaching

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<v Speaker 4>and initially tell the student that, you know, it's not happening.

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<v Speaker 4>Firing her is not going to be happening. It's important

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<v Speaker 4>to note that we don't have the full conversation, We

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<v Speaker 4>don't know the full context, but you know, it appears

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<v Speaker 4>that he initially was was hesitant to discipline in this case.

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<v Speaker 4>But after the so that conversation we believe took place

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<v Speaker 4>like over the summer, and then this tweet was in September,

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<v Speaker 4>and you know, within days of this kind of going viral,

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<v Speaker 4>he appears to have changed his mind and demoted the

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<v Speaker 4>dean and the department head and ultimately he terminated the

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<v Speaker 4>professor in this In this case, and the cited reason

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<v Speaker 4>was that the course did not align with the course

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<v Speaker 4>content did not align with the course catalog description. He said,

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<v Speaker 4>it's it's about academic responsibility rather than academic freedom, Like

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<v Speaker 4>we students should, I guess when they're looking at the

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<v Speaker 4>catalog know what they're signing up for. So yeah, Zach, let's.

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<v Speaker 1>Bring you in on this. I mean, what what do

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<v Speaker 1>you sort of make of this whole incident and the

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<v Speaker 1>you know, this students argument, the faculty argument, and the

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<v Speaker 1>administrator's argument.

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<v Speaker 5>Yeah, we defend academic freedom here at Fire, the idea

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<v Speaker 5>that professors have the right to discuss these controversial issues

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<v Speaker 5>in class areas, within their expertise and any breathing room

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<v Speaker 5>to discuss these issues. And it's really sad to see

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<v Speaker 5>professors being fired for their in class teaching and pedagogy.

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<v Speaker 5>I know there was a dispute with the student and

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<v Speaker 5>the professor about what exactly the law was the student's

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<v Speaker 5>disruption in class, but we do feel that universities should

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<v Speaker 5>resolve these issues taking a new account the societal importance

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<v Speaker 5>we have for academic freedom and the free change of

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<v Speaker 5>ideas at a public university bound by the First Amendment.

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<v Speaker 3>Zach, I want to ask you a little bit about

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<v Speaker 3>to kind of dive into this question of First Amendment

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<v Speaker 3>freedom of speech and academic freedom and how that kind

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<v Speaker 3>of fits in there, right, because we, of course know

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<v Speaker 3>the First Amendment protects people's right to say things, including

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<v Speaker 3>things that are offensive, and not be punished by the

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<v Speaker 3>government for it, except for you know, small example of

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<v Speaker 3>the whole like yelling fire in the crowded movie theater

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<v Speaker 3>and all that kind of stuff. But then there's the

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<v Speaker 3>separate kind of conversation around academic freedom, right, and this

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<v Speaker 3>idea of not wanting the government to interfere too much

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<v Speaker 3>with the the you know, what's being taught and what's

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<v Speaker 3>being researched. I mean, this is a state school. How

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<v Speaker 3>does the concept of academic freedom fit into the You know,

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<v Speaker 3>this isn't a professor who got fired for going out

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<v Speaker 3>on the street and saying something offensive. This is something

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<v Speaker 3>that was said. Yeah, we're going to get to that

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<v Speaker 3>that this was something that was said in the classroom.

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<v Speaker 3>So how, if at all, should we or the courts

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<v Speaker 3>look at how that played out.

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<v Speaker 5>Yeah, the Supreme Court said that academic freedom is a

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<v Speaker 5>spectual concern of the First Amendment, which doesn't tolerate laws

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<v Speaker 5>that cast a palid orthodoxy on the classroom. And the

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<v Speaker 5>general idea is that academic institutions in America should be

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<v Speaker 5>places where students and professors are the most free to

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<v Speaker 5>discuss their ideas, more so than any other institution in

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<v Speaker 5>our society, just because of the purpose of the university

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<v Speaker 5>and the importance of these institutions to our society. And

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<v Speaker 5>so when it comes to these disputes of what professors

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<v Speaker 5>say in class, you know, the professors teaching and their research,

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<v Speaker 5>and there the main discussion of ideas that's really the.

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<v Speaker 2>Core of their job.

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<v Speaker 5>Dute is their job responsibilities, and they're trying to engage

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<v Speaker 5>our students to try to get them to discuss these

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<v Speaker 5>ideas and really participate in these debates we're having in

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<v Speaker 5>our society. And for a university to fire professor for

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<v Speaker 5>having this discussion, even if it may be offensive to

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<v Speaker 5>students or controversial out there, it's really the opposite of

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<v Speaker 5>the goals of the university.

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<v Speaker 2>And that use a free speech and academic freedom.

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<v Speaker 3>How does that break down though, because I think that

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<v Speaker 3>there's there is a question here in this case about

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<v Speaker 3>was she teaching what she should have been teaching in

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<v Speaker 3>the course? Right? I am also a text saying a.

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<v Speaker 1>Graduate, we we've made it what eight minutes before?

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<v Speaker 2>Thank you, thank you, thank you very much.

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<v Speaker 3>Yes, it's been a very long time since I've been

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<v Speaker 3>in the classroom, and I know a lot of things

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<v Speaker 3>have changed, But I do remember a very specific class

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<v Speaker 3>at A and M. It was a philosophy class, I

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<v Speaker 3>think maybe even an intro to philosophy class, and it

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<v Speaker 3>was taught by a lecturer whose research interest was truth commissions,

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<v Speaker 3>you know, this whole like you know, South Africa or

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<v Speaker 3>other places having these and their effectiveness and everything like that,

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<v Speaker 3>and she decided that this course was going to be

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<v Speaker 3>about that as opposed to like more broad philosophy, which

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<v Speaker 3>it was an interesting course, it was also not the

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<v Speaker 3>course I signed up for. And it doesn't seem like

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<v Speaker 3>completely unreasonable for a you know, AA student to be

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<v Speaker 3>upset about something like that and be for a school

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<v Speaker 3>to be like, no, you need to like teach what's

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<v Speaker 3>actually like on the syllabus and what we're asking you

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<v Speaker 3>to teach here that seems to be somewhat the case

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<v Speaker 3>that Welsh the President is arguing is that she didn't

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<v Speaker 3>teach how this course was advertised. How do you sort

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<v Speaker 3>of see that factor in this conversation.

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<v Speaker 5>Yeah, you're right, and that if you have a physics

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<v Speaker 5>professor and all they do is talk about political issues

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<v Speaker 5>the entire time, I think you can make an argument

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<v Speaker 5>the professor is not teaching the course as it's supposed

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<v Speaker 5>to be taught, actually, depending on what is in the

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<v Speaker 5>syllabus and what is the purpose of the course. And

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<v Speaker 5>of course backing members need some breathing room to go

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<v Speaker 5>off topics some of the time, just to share their

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<v Speaker 5>expertise and make the class a little more engaging.

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<v Speaker 2>And our argument is.

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<v Speaker 5>That the determination of what is taught and how it

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<v Speaker 5>should be taught, that's to be made at the university

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<v Speaker 5>academic faculty level, right at cheap, a determination by the

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<v Speaker 5>factory member that apartment and share the people who are

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<v Speaker 5>most well versed and experts in this category. It was

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<v Speaker 5>made by administrative politician. You can see that can be

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<v Speaker 5>very easily abused to target professors who talk about controversial issues.

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<v Speaker 2>So you're right, it's definitely an issue.

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<v Speaker 5>It's definitely a limited academic freedom of not teaching the

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<v Speaker 5>class as advertised, not giving students proper notice of what's

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<v Speaker 5>being taught. But if that is going to be a

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<v Speaker 5>determination the professor is unfit to teach, that should be

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<v Speaker 5>at the academic level.

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<v Speaker 1>I mean, just to sort of widen this out beyond

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<v Speaker 1>this incident, I mean, we have seen I mean, if

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<v Speaker 1>you just take chexas A and M, we've seen a

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<v Speaker 1>lot of these classes. But also, you know, statewide and nationally,

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<v Speaker 1>why are college campus is such sort of hotbeds of

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<v Speaker 1>these free speech issues? And it has that always been

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<v Speaker 1>the case, or are we seeing are we in a

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<v Speaker 1>moment of particular clashes?

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<v Speaker 2>I guess I think it's really always been the case.

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<v Speaker 5>You can think at stories about the founding fathers, you know,

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<v Speaker 5>raising hell fare universities, the first free speed zones to

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<v Speaker 5>put in place at the combat protests against the Vietnam War.

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<v Speaker 5>So I think the university has really always been areas

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<v Speaker 5>where students and factor members feel free to express themselves

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<v Speaker 5>and discuss their ideas, and naturally then involves some opposition

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<v Speaker 5>from those on campus and off campus too. Is happy

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<v Speaker 5>at the universities because they are taxpayer funded, right, They're

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<v Speaker 5>part of our communities, part of our society, and so

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<v Speaker 5>you're always going to see the precarious situation of universities

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<v Speaker 5>in our society how they operate. Which is why having

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<v Speaker 5>academic freedom for both the institution and for the individual

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<v Speaker 5>professor is so important because in many ways they are kind.

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<v Speaker 2>Of majoritarian principles.

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<v Speaker 5>Right, we have this freedom to discuss ideas that are

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<v Speaker 5>controversial at our offensive we're talking about things that everyone

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<v Speaker 5>agrees with. Tops two equals four, the sky is blue.

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<v Speaker 5>You don't need academic freedom of free speech. You need

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<v Speaker 5>it when you do draw the ire of politicians and

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<v Speaker 5>government officials who want.

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<v Speaker 2>To censor you. Disic.

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<v Speaker 3>I wonder what you make of Welsh's specific argument here.

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<v Speaker 3>I mean, we talked about it like how it could

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<v Speaker 3>present a different case. On the other hand, you know,

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<v Speaker 3>the firing happened months after the incident happened, as you mentioned, Jessica,

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<v Speaker 3>And also you know, I think there are probably a

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<v Speaker 3>lot of people within the INN faculty and another university

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<v Speaker 3>saying like, Okay, is this actually the reason or is

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<v Speaker 3>this a convenient excuse to get rid of someone who

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<v Speaker 3>is bringing a lot of intense political pressure to the

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<v Speaker 3>university from people like Brian Harrison, but even more so

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<v Speaker 3>from folks like Governor Greg Abbott who has tweeted about

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<v Speaker 3>this and other leaders. They don't want this kind of

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<v Speaker 3>attention right now.

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<v Speaker 4>Yeah, So your question is what I make of.

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<v Speaker 3>His decision and his explanation for the decision.

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<v Speaker 2>Yeah.

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<v Speaker 4>Yeah, I think that university presidents, I mean I would

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<v Speaker 4>not want President Welsh's job right now, in a very

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<v Speaker 4>difficult job. So it's like he has kind of he

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<v Speaker 4>has a lot of constituents, right, so he I feel

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<v Speaker 4>like he needs to make lawmakers happy to keep his job,

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<v Speaker 4>but he also needs the trust of the faculty and

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<v Speaker 4>so so I think he that may be why he

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<v Speaker 4>decided what he decided.

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<v Speaker 3>He also the very conservative Board of regents.

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<v Speaker 1>Shows like who has the power here?

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<v Speaker 3>Right?

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<v Speaker 1>Is like too, you know, event should just sort of

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<v Speaker 1>say like well this and again, based like you said,

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<v Speaker 1>on the limited view we have of this meeting where

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<v Speaker 1>he originally said like we're not going to fire this

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<v Speaker 1>this professor, then we have a social media backlash led

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<v Speaker 1>by state lawmakers and the governor and others, and then

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<v Speaker 1>the professor is fired. It's like it shows like the

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<v Speaker 1>levers of power that that influence.

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<v Speaker 4>Until I started reporting on Higher Ed, like I didn't

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<v Speaker 4>really understand all those levers, and I think it's important

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<v Speaker 4>for people to know that, Like, you know, these boards

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<v Speaker 4>of regents are appointed by the governors, so there in

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<v Speaker 4>many cases like in lockstep with him.

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<v Speaker 1>And this comes after a legislative session where once again

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<v Speaker 1>Higher Ed sort of saw some of it's some of

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<v Speaker 1>that freedom curtailed. In Texas, they passed a The law

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<v Speaker 1>goes into effect in January, so it's not in effect yet,

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<v Speaker 1>but there will be a law in effect that gainst regents,

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<v Speaker 1>you know, these govern governor appointed regents more control over curriculum.

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<v Speaker 1>This comes after they banned any programs related to diversity,

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<v Speaker 1>equity inclusion at colleges and universities. I mean, really seeing

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<v Speaker 1>a tightening of you know, of the control over what

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<v Speaker 1>is taught.

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<v Speaker 3>It's been amazing to watch how much the governance and

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<v Speaker 3>culture has changed these universities in recent years. I mean

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<v Speaker 3>going back to twenty nineteen when lawmakers passed their sort

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<v Speaker 3>of free speech on campus bill, and that bill was passed,

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<v Speaker 3>you know, largely out of concern that conservative voices were

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<v Speaker 3>sort of being shouted down and that they needed to

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<v Speaker 3>be protected, and that you know, administrators and professors and

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<v Speaker 3>other leaders at the universities were too liberal. We had

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<v Speaker 3>twenty twenty happen after that, you know, the George Floyd protests,

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<v Speaker 3>the reactions there, and there's just been so much of

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<v Speaker 3>a swing back, whether it's who's leading these universities. You've

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<v Speaker 3>seen a lot of different university presidents leave and politicians,

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<v Speaker 3>very conservative politicians being put in a lot of those

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<v Speaker 3>major you know, president or chancellor positions you have, you know,

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<v Speaker 3>new you mentioned the DEI rules, some of these rules

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<v Speaker 3>about what can and can apt be taught, and just

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<v Speaker 3>a much swifter reaction to you know, any kind of

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<v Speaker 3>incident like this, It does very much seem whether it's

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<v Speaker 3>at Texas A and M, whether it's at Texas State

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<v Speaker 3>with the professor you mentioned earlier, there was an incident

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<v Speaker 3>on the Texas Tech campus where a student was expelled

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<v Speaker 3>very quickly and removed after you know, saying admittedly some

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<v Speaker 3>pretty terrible things about the death of Charlie Kirk on campus, right,

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<v Speaker 3>but the swiftness at which these administrators are taking action

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<v Speaker 3>really feels like, Jessica, it has created a sort of

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<v Speaker 3>culture change on these campuses in just like the past

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<v Speaker 3>like half decade. Would you agree with that?

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<v Speaker 4>Yes, I would agree with that. Yeah, and just a

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<v Speaker 4>small correction, Eleanor like the law that you're mentioning, Senate

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<v Speaker 4>Bill thirty seven, part of it has gone into effect,

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<v Speaker 4>and that part the part of the law that has

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<v Speaker 4>gone into effect basically either did away or significantly weakened.

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<v Speaker 4>Like faculty representative bodies in higher ed so they're largely

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<v Speaker 4>I mean, they've always been an advisory but they were

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<v Speaker 4>elected by their other faculty members and advised the administration

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<v Speaker 4>on academic matters, and now their power is significantly weakened.

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<v Speaker 3>Zach.

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<v Speaker 1>Have you felt this sort of pendulum swing and sort

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<v Speaker 1>of free speech at the center of all of this.

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<v Speaker 2>Yeah, it's almost like a political football, right.

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<v Speaker 5>It's like whatever party is in power, whatever they believe

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<v Speaker 5>the situation to be, they're gonna most likely abuse the

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<v Speaker 5>free speech rights of those around them. It's almost like

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<v Speaker 5>the parties don't really have any principles at all. That is,

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<v Speaker 5>you know, it's all about the raw power, and so

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<v Speaker 5>free speech ideally should be this societal wide neutral principle,

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<v Speaker 5>general applicability that it protects everybody equally no matter who

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<v Speaker 5>you are, what you say. But we're seeing free speech

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<v Speaker 5>kind of be warped into a rallying cry for those

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<v Speaker 5>outside of power, and then once they get in there,

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<v Speaker 5>it's just everyone's a nail and there a hammer, and

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<v Speaker 5>they see this happening, you know right now. He turned

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<v Speaker 5>out on the Natate of America right saying that in

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<v Speaker 5>a prosecute hate speech, like it's happening right before our eyes.

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<v Speaker 5>That could be a woke talking point five years ago,

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<v Speaker 5>and it's happening, you know that September sixteenth, you know,

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<v Speaker 5>twenty twenty five. So yeah, we're literally seeing it in

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<v Speaker 5>our in our lifetimes, our in our very short political light.

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<v Speaker 2>What should I say?

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<v Speaker 5>You know, time spans over here that like, yeah, this

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<v Speaker 5>issue is being very warped. And I think it would

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<v Speaker 5>be worthwhile for university presidents, especially politicians who support universities,

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<v Speaker 5>to have a backbone to be principal, to support free speech,

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<v Speaker 5>even for those that they disagree with.

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<v Speaker 1>I mean, I think you mentioned already, Charlie Kirk. I

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<v Speaker 1>mean I think a historian, you know, over the last

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<v Speaker 1>that half decade even longer, like a real character in

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<v Speaker 1>these debates, you know, Kirk obviously a right wing political

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<v Speaker 1>activist who was assassinated last week in Utah while on

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<v Speaker 1>a college campus, sort of doing what he became best

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<v Speaker 1>known for, which was hosting these debates and coming to

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<v Speaker 1>college campuses really trying to, you know, I think, in

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<v Speaker 1>some ways, whether intentionally or not, like test the limits

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<v Speaker 1>of these free speech protections for views that maybe are

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<v Speaker 1>not as widely accepted on college campuses. Zach, can you

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<v Speaker 1>just talk a little bit bit about you know, Charlie

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<v Speaker 1>Kirk and Turning Point USA and sort of the role

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<v Speaker 1>they played in this arena of college free speech.

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<v Speaker 5>Yeah, I mean, Charlie Kirk found it to a Point

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<v Speaker 5>USA to provide a counterbalance to what he saw as

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<v Speaker 5>a liberal bias on campus.

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<v Speaker 2>It's the conservative student group.

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<v Speaker 5>It's been around for you know a while now. They're

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<v Speaker 5>an off censored group. We've defended them when they've gotten

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<v Speaker 5>their funding revoked, when the group's got de recognized, their

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<v Speaker 5>speakers get disinvited only because they do service as counterbalance.

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<v Speaker 5>And yeah, and because of that activist activist, they've definitely

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<v Speaker 5>gotten a reputation. You know, They've been opposed by many

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<v Speaker 5>liberal groups of course, and I think the reaction to

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<v Speaker 5>Charlie Kirk's assassination on the left is something we've seen

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<v Speaker 5>against Your Point USA for a while. Now that you

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<v Speaker 5>know this, he essentially got what was coming, and you know,

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<v Speaker 5>this was a good thing. And that's you know, stand

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<v Speaker 5>to see because it was a political assassination. It was

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<v Speaker 5>a violent response to free speech. And you know, if

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<v Speaker 5>you're going to defend a free speech if defended for everybody,

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<v Speaker 5>even the groups, then individuals that you disagree with.

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<v Speaker 2>I found it so interesting.

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<v Speaker 1>I was looking at Fire's website or your group's website,

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<v Speaker 1>the Students under Fire report that found that over the

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<v Speaker 1>last five years and Turning Point USA was one of

427
00:24:40.839 --> 00:24:44.000
<v Speaker 1>was the most targeted campus group, tied with Students for

428
00:24:44.160 --> 00:24:47.720
<v Speaker 1>Justice in Palestine, which is interesting of just like you know, again,

429
00:24:47.799 --> 00:24:50.960
<v Speaker 1>free speech, it's not about like you know which side

430
00:24:51.000 --> 00:24:54.160
<v Speaker 1>you like, it's like both. It has to extend to everyone.

431
00:24:54.680 --> 00:24:56.880
<v Speaker 5>Yeah, I stayed p the last couple of years, right

432
00:24:56.920 --> 00:24:59.119
<v Speaker 5>with the Gods of Conflict. I feel like that that

433
00:24:59.119 --> 00:25:02.319
<v Speaker 5>group's been around for while, they're very active on campus,

434
00:25:02.319 --> 00:25:04.440
<v Speaker 5>they're able to organized. As a result, they get censored

435
00:25:04.480 --> 00:25:06.200
<v Speaker 5>a lot, so so almost you put your neck out

436
00:25:06.200 --> 00:25:07.920
<v Speaker 5>there and they're gonna get bopped un fortunately.

437
00:25:09.000 --> 00:25:14.359
<v Speaker 1>Right, Yeah, Jessica, how have we seen Texas lawmakers respond

438
00:25:14.519 --> 00:25:17.000
<v Speaker 1>to the assassination of Kirk?

439
00:25:17.000 --> 00:25:17.519
<v Speaker 3>I mean both.

440
00:25:17.799 --> 00:25:19.519
<v Speaker 1>I think many of them were like personally friends with

441
00:25:19.599 --> 00:25:22.119
<v Speaker 1>him and knew him and sort of supported him politically.

442
00:25:22.160 --> 00:25:25.519
<v Speaker 1>But then also you know, on their their response to

443
00:25:25.559 --> 00:25:28.079
<v Speaker 1>the social media responses, this is kicked off.

444
00:25:30.319 --> 00:25:33.359
<v Speaker 4>I haven't talked to any personally, but just following their

445
00:25:33.400 --> 00:25:39.480
<v Speaker 4>social media, you can see that they're upset when people

446
00:25:39.640 --> 00:25:48.480
<v Speaker 4>are making light of Charlie Kirk's death or disparaging him

447
00:25:48.880 --> 00:25:52.799
<v Speaker 4>in his legacy in some way, or I don't know,

448
00:25:53.279 --> 00:26:00.000
<v Speaker 4>celebrating his death and calling for uh, for those people

449
00:26:00.160 --> 00:26:03.839
<v Speaker 4>to be for those who are expressing those opinions to

450
00:26:03.880 --> 00:26:09.079
<v Speaker 4>face consequences, whether it be firing or yeah, mostly just

451
00:26:09.240 --> 00:26:13.519
<v Speaker 4>losing your job, like we've seen. I don't know that

452
00:26:13.559 --> 00:26:16.920
<v Speaker 4>we've seen it in Texas, but I think nationally there

453
00:26:16.960 --> 00:26:21.039
<v Speaker 4>have been professors who've been terminated for opinions that they've

454
00:26:21.079 --> 00:26:24.640
<v Speaker 4>expressed online. And then here in Texas, a colleague of

455
00:26:24.680 --> 00:26:27.680
<v Speaker 4>mine worked on a story about you know, the TEA,

456
00:26:28.359 --> 00:26:37.039
<v Speaker 4>the Texas Education Administration Association administration, you know, I guess

457
00:26:37.079 --> 00:26:42.039
<v Speaker 4>finding one hundred something teachers maybe did this and pursuing

458
00:26:42.160 --> 00:26:43.279
<v Speaker 4>their teaching license.

459
00:26:45.000 --> 00:26:47.119
<v Speaker 1>Yeah, I think. I mean Mike Marath, the you know,

460
00:26:47.279 --> 00:26:50.000
<v Speaker 1>commissioner saying that they would not just fire teachers who

461
00:26:50.039 --> 00:26:52.440
<v Speaker 1>were found to have made you know, and come and

462
00:26:52.480 --> 00:26:56.359
<v Speaker 1>say deemed inappropriate, but revoke their their teaching licenses. You said, yeah, which.

463
00:26:56.160 --> 00:26:58.680
<v Speaker 4>Is kind of like, I mean, I still need to

464
00:26:58.720 --> 00:27:00.599
<v Speaker 4>read up on that reporting. But that's kind of like

465
00:27:01.400 --> 00:27:06.079
<v Speaker 4>extraordinary if you think about like our shortage of teachers

466
00:27:06.119 --> 00:27:08.559
<v Speaker 4>like an extraordinary kind of act.

467
00:27:08.640 --> 00:27:16.279
<v Speaker 3>But on the other hand, Zach, I mean, I'm not

468
00:27:17.759 --> 00:27:22.400
<v Speaker 3>you know, I wouldn't really want my kindergarten teacher celebrating

469
00:27:22.440 --> 00:27:25.359
<v Speaker 3>the murder of someone on a college campus, right, I mean,

470
00:27:26.480 --> 00:27:29.559
<v Speaker 3>walk me through how you think about this, right, I mean,

471
00:27:29.599 --> 00:27:36.240
<v Speaker 3>I think there are reasonable reasonable there's a reasonable urge

472
00:27:36.240 --> 00:27:39.559
<v Speaker 3>to be angry at the people who celebrated the murder

473
00:27:39.640 --> 00:27:44.880
<v Speaker 3>of a human being for you know, exercising his free speech. Right.

474
00:27:45.359 --> 00:27:50.240
<v Speaker 3>How do you view kind of that reaction, you know,

475
00:27:50.319 --> 00:27:52.880
<v Speaker 3>when when you see things like what's what's what's happening

476
00:27:52.880 --> 00:27:53.400
<v Speaker 3>in Texas?

477
00:27:53.880 --> 00:27:56.200
<v Speaker 5>Yeah, I mean, if you're a public university or a

478
00:27:56.200 --> 00:27:59.119
<v Speaker 5>public employee in general, you have the right to comment

479
00:27:59.240 --> 00:28:01.960
<v Speaker 5>on political using your private capacities and you speaking on

480
00:28:01.960 --> 00:28:05.000
<v Speaker 5>social media talking about Charlie Kirk. As a legal standard,

481
00:28:05.359 --> 00:28:08.000
<v Speaker 5>the government can come back and say your speech is

482
00:28:08.200 --> 00:28:12.640
<v Speaker 5>disruptive to the institution that because your speech renders you unfit,

483
00:28:12.680 --> 00:28:15.359
<v Speaker 5>the teacher fit to do your job, we can punish

484
00:28:15.440 --> 00:28:17.440
<v Speaker 5>you for that. So it's really a balancing task between

485
00:28:17.839 --> 00:28:20.799
<v Speaker 5>the individual's right to express their political views of the

486
00:28:20.839 --> 00:28:25.119
<v Speaker 5>First Amendment and then the institutions interests and ensuring smooth operations.

487
00:28:25.119 --> 00:28:27.079
<v Speaker 5>And that's a pretty high bar, right. You really have

488
00:28:27.119 --> 00:28:30.359
<v Speaker 5>to clear, you know, show a lot of disruption, I

489
00:28:30.519 --> 00:28:33.519
<v Speaker 5>really manifest the fitness to do your job to overcome

490
00:28:33.599 --> 00:28:37.440
<v Speaker 5>someone fundamental first mode rights. An example is a university

491
00:28:37.519 --> 00:28:42.039
<v Speaker 5>professor perhaps continually says, you know, I'm a racist. I

492
00:28:42.079 --> 00:28:45.119
<v Speaker 5>can't teach black students. You know, the students I certainly

493
00:28:45.160 --> 00:28:47.920
<v Speaker 5>feel uncomfortable of gobal into the university and being part

494
00:28:47.920 --> 00:28:50.480
<v Speaker 5>of the class because the professor has these racial views.

495
00:28:51.440 --> 00:28:55.000
<v Speaker 5>But many of the situations it is a teacher or

496
00:28:55.079 --> 00:28:58.519
<v Speaker 5>a public employee just expressing themselves, particularly just express themselves

497
00:28:58.519 --> 00:29:01.759
<v Speaker 5>about Charlie Kirk, in their views about him, and unless

498
00:29:01.799 --> 00:29:04.720
<v Speaker 5>the university or the institution shows that, you know, this

499
00:29:05.000 --> 00:29:07.960
<v Speaker 5>individual can longer be a functioning teacher or a nurser

500
00:29:08.039 --> 00:29:11.400
<v Speaker 5>can't do their job and teachings effectively, then I think

501
00:29:11.400 --> 00:29:14.279
<v Speaker 5>the university, then the university intitutions shouldn't allow the person

502
00:29:14.519 --> 00:29:17.559
<v Speaker 5>to keep their job, because you know, we want to

503
00:29:17.559 --> 00:29:20.160
<v Speaker 5>preserve this right to comment on political views, even if

504
00:29:20.160 --> 00:29:21.559
<v Speaker 5>it is offensive to others.

505
00:29:23.240 --> 00:29:27.680
<v Speaker 3>It's been a disappointing week, you know. I mean, of course,

506
00:29:27.759 --> 00:29:32.400
<v Speaker 3>like the assassination of Charlie Kirk is a terrible, terrible

507
00:29:32.440 --> 00:29:35.920
<v Speaker 3>event that and of itself makes for a terrible week.

508
00:29:36.680 --> 00:29:40.359
<v Speaker 3>You would hope in a healthy and functioning democracy in

509
00:29:40.440 --> 00:29:45.480
<v Speaker 3>society that it wouldn't then immediately break down into this

510
00:29:45.599 --> 00:29:48.359
<v Speaker 3>side does this, this side does this, This side is worse,

511
00:29:48.640 --> 00:29:51.079
<v Speaker 3>and we would maybe view ourselves on the side of

512
00:29:51.200 --> 00:29:54.839
<v Speaker 3>maybe people who think we should be able to talk

513
00:29:54.880 --> 00:29:58.319
<v Speaker 3>about things and not be murdered for them, and people

514
00:29:58.359 --> 00:30:01.359
<v Speaker 3>who don't someone that yeah, right, and not try to

515
00:30:01.400 --> 00:30:05.640
<v Speaker 3>cast blame on anyone other than who's pushing for you know,

516
00:30:05.640 --> 00:30:09.319
<v Speaker 3>who's who's condoning or supporting that kind of violence. We

517
00:30:09.440 --> 00:30:12.359
<v Speaker 3>do not seem to be at that place right now

518
00:30:12.400 --> 00:30:16.000
<v Speaker 3>as a society or state or anywhere else. And I

519
00:30:16.000 --> 00:30:18.839
<v Speaker 3>would love to see us.

520
00:30:20.079 --> 00:30:20.680
<v Speaker 2>Get to that.

521
00:30:20.720 --> 00:30:23.200
<v Speaker 1>Place, right, I mean, it's I mean, and we have

522
00:30:23.279 --> 00:30:26.519
<v Speaker 1>the same conversation on some I mean, obviously, the assassination

523
00:30:26.559 --> 00:30:29.799
<v Speaker 1>of Charlie Kirk is such a you know, unprecedented thing,

524
00:30:30.079 --> 00:30:32.319
<v Speaker 1>but it is like it does remind me in some

525
00:30:32.359 --> 00:30:35.000
<v Speaker 1>ways of the conversations we have after like a school shooting,

526
00:30:35.039 --> 00:30:38.319
<v Speaker 1>where it's like, can we not just like grieve this

527
00:30:38.480 --> 00:30:40.559
<v Speaker 1>and talk about you know, like how does this become

528
00:30:40.599 --> 00:30:43.680
<v Speaker 1>politicized so quickly? But on all sides, And it just

529
00:30:43.680 --> 00:30:47.559
<v Speaker 1>feels like we are not at a high point of

530
00:30:47.640 --> 00:30:52.279
<v Speaker 1>being able to discuss you know, horrible human tragedies and

531
00:30:53.160 --> 00:30:56.000
<v Speaker 1>politics in the same conversation without sort of devolving into

532
00:30:56.039 --> 00:30:58.599
<v Speaker 1>our worst our selves at that.

533
00:30:58.599 --> 00:31:00.960
<v Speaker 5>Point, we're really We're going to say at the cancel

534
00:31:01.000 --> 00:31:03.519
<v Speaker 5>culture part of the tragedy cycle, you hear about this

535
00:31:03.519 --> 00:31:07.400
<v Speaker 5>where like the tragedy happens, people express outrage or grief,

536
00:31:07.400 --> 00:31:09.759
<v Speaker 5>and then people criticize those people expressing average and grief

537
00:31:09.759 --> 00:31:11.839
<v Speaker 5>and they lose their jobs. The winner fires first case

538
00:31:11.839 --> 00:31:14.799
<v Speaker 5>we ever had two thousand and one was a professor

539
00:31:15.000 --> 00:31:16.799
<v Speaker 5>who said that nine to eleven was a good thing,

540
00:31:16.920 --> 00:31:19.359
<v Speaker 5>that we're they're glad this win Towers went down and

541
00:31:19.400 --> 00:31:21.240
<v Speaker 5>that you know, this is a happy thing, and you

542
00:31:21.240 --> 00:31:23.519
<v Speaker 5>can imagine the reaction that got in two thousand and one, right,

543
00:31:23.880 --> 00:31:26.839
<v Speaker 5>and so seeing happening right now, right, you have a tragedy.

544
00:31:27.079 --> 00:31:29.519
<v Speaker 5>Try to Kirk assassinated. People comment on it now. There's

545
00:31:29.519 --> 00:31:31.920
<v Speaker 5>a huge wash this out there. I think fifty thousand

546
00:31:31.960 --> 00:31:33.960
<v Speaker 5>people that are being fired from their jobs or being

547
00:31:33.960 --> 00:31:37.240
<v Speaker 5>contacted with their employers for what they say. So it

548
00:31:37.319 --> 00:31:40.240
<v Speaker 5>is definitely a sad day for America and I think

549
00:31:40.279 --> 00:31:42.440
<v Speaker 5>this should definitely stop happening.

550
00:31:44.319 --> 00:31:46.079
<v Speaker 3>Do you have any thoughts? I hate to put you

551
00:31:46.160 --> 00:31:48.319
<v Speaker 3>on the spot, but like, do you have any thoughts

552
00:31:48.440 --> 00:31:50.079
<v Speaker 3>on what needs to happen to get us out of

553
00:31:50.119 --> 00:31:50.559
<v Speaker 3>this cycle?

554
00:31:51.559 --> 00:31:54.640
<v Speaker 5>I think it's kind of just of building a free

555
00:31:54.640 --> 00:31:58.039
<v Speaker 5>speech culture, like recognizing that we're all human beings, will

556
00:31:58.039 --> 00:32:00.960
<v Speaker 5>live in America, we all have free speech almost like

557
00:32:00.960 --> 00:32:04.359
<v Speaker 5>a basic are sending of respect, like you wouldn't want

558
00:32:04.359 --> 00:32:06.880
<v Speaker 5>this done to you in five years, don't do it

559
00:32:06.880 --> 00:32:09.039
<v Speaker 5>to us, you know, Like we shouldn't have canceled the

560
00:32:09.079 --> 00:32:12.759
<v Speaker 5>people that were criticizing George Floyd. We shouldn't cancel people

561
00:32:12.799 --> 00:32:15.519
<v Speaker 5>that are criticizing Charlie Kirk. The next person contestinant we

562
00:32:15.519 --> 00:32:18.000
<v Speaker 5>shouldn't cancel those people either, So I think that has

563
00:32:18.039 --> 00:32:21.240
<v Speaker 5>to stop somewhere. And it said, it keeps kind of

564
00:32:21.519 --> 00:32:24.240
<v Speaker 5>fueling and getting worse and worse. But I know more

565
00:32:24.240 --> 00:32:26.319
<v Speaker 5>people that recognize the value of free speech. I think

566
00:32:26.359 --> 00:32:30.079
<v Speaker 5>they'll understand why this is harmful to our sido fabric

567
00:32:30.079 --> 00:32:32.119
<v Speaker 5>and our nation and they'll stop it.

568
00:32:34.480 --> 00:32:36.400
<v Speaker 1>I mean, I think in some ways the through line

569
00:32:36.440 --> 00:32:40.839
<v Speaker 1>also is like you know, this professor being fired or

570
00:32:40.920 --> 00:32:44.160
<v Speaker 1>of you know people sort of it's like this like

571
00:32:44.559 --> 00:32:47.759
<v Speaker 1>intense blowback one hundred and eighty teachers investigated for speaking

572
00:32:47.880 --> 00:32:50.680
<v Speaker 1>you know, ill of Charlie Kirk is like the people

573
00:32:50.680 --> 00:32:53.799
<v Speaker 1>who never will be actually penalized for this right. They're

574
00:32:53.799 --> 00:32:55.480
<v Speaker 1>not actually going to take one hundred and eighty teachers

575
00:32:55.559 --> 00:32:57.759
<v Speaker 1>to you know, or open themselves up to that many

576
00:32:57.799 --> 00:33:00.519
<v Speaker 1>lawsuits or whatever. But it's just sort of the effect

577
00:33:00.599 --> 00:33:02.880
<v Speaker 1>on free speech again, whether it's someone something you support

578
00:33:02.920 --> 00:33:05.720
<v Speaker 1>or something you don't of, Like, you know, I just

579
00:33:05.759 --> 00:33:08.759
<v Speaker 1>won't share my opinion for fear that I could be

580
00:33:08.799 --> 00:33:09.680
<v Speaker 1>penalized for it.

581
00:33:10.680 --> 00:33:11.119
<v Speaker 2>Yeah, I mean it.

582
00:33:11.319 --> 00:33:13.039
<v Speaker 3>It would also just be nice to get to a

583
00:33:13.079 --> 00:33:16.799
<v Speaker 3>place where, like we are, we're not just talking to

584
00:33:16.839 --> 00:33:19.160
<v Speaker 3>each other, but we're talking to each other in a

585
00:33:19.160 --> 00:33:22.079
<v Speaker 3>way where we're like seeking to understand and be understood

586
00:33:22.119 --> 00:33:28.279
<v Speaker 3>as opposed to like scoring points and humiliating or caricaturing

587
00:33:28.400 --> 00:33:31.000
<v Speaker 3>the other side. But we are not at that place

588
00:33:31.039 --> 00:33:33.480
<v Speaker 3>right now. But I'm curious, like to your point about

589
00:33:33.519 --> 00:33:35.680
<v Speaker 3>a Chilian effect and everything like that, Jessica, I mean,

590
00:33:36.119 --> 00:33:39.799
<v Speaker 3>what do you think about what do you hear, if anything,

591
00:33:39.920 --> 00:33:42.440
<v Speaker 3>from people on these college campuses. I mean, do you

592
00:33:42.480 --> 00:33:45.079
<v Speaker 3>think that that Chilian effect is happening? How are people,

593
00:33:45.519 --> 00:33:49.720
<v Speaker 3>professors and others reacting to what has happened in the

594
00:33:49.799 --> 00:33:51.279
<v Speaker 3>last few weeks all of.

595
00:33:51.240 --> 00:33:54.960
<v Speaker 4>This, Yeah, I mean it's a mix. Like I've heard

596
00:33:54.960 --> 00:34:01.079
<v Speaker 4>from professors saying that they are themselves like courting their

597
00:34:01.200 --> 00:34:05.839
<v Speaker 4>own lectures to kind of have as like evidence if

598
00:34:05.920 --> 00:34:09.400
<v Speaker 4>anything were to be shared on social media so they

599
00:34:09.400 --> 00:34:13.960
<v Speaker 4>could have the full context. I've heard some are self censoring,

600
00:34:14.079 --> 00:34:16.599
<v Speaker 4>that they're just not going to talk about certain topics

601
00:34:16.599 --> 00:34:18.960
<v Speaker 4>anymore because they don't want to get in trouble. And

602
00:34:19.000 --> 00:34:21.639
<v Speaker 4>then there are others who feel like, I'm going to

603
00:34:21.760 --> 00:34:25.280
<v Speaker 4>keep teaching because that's in the best interest of my students,

604
00:34:26.360 --> 00:34:31.360
<v Speaker 4>and that's who I'm here for. The American Association of

605
00:34:31.519 --> 00:34:35.280
<v Speaker 4>university professors put out a survey I think the week

606
00:34:35.360 --> 00:34:38.719
<v Speaker 4>before this stuff with Texas A and m happened that

607
00:34:38.840 --> 00:34:42.239
<v Speaker 4>found like twenty I think it was a twenty five

608
00:34:42.360 --> 00:34:46.079
<v Speaker 4>percent of the respondents in Texas we're looking for jobs

609
00:34:46.719 --> 00:34:50.440
<v Speaker 4>outside of the state just because of the political climate here.

610
00:34:51.199 --> 00:34:52.639
<v Speaker 4>So it's not looking good.

611
00:34:53.519 --> 00:34:57.920
<v Speaker 1>Yeah. Wow, Well, I imagine this is, like many things

612
00:34:57.920 --> 00:35:00.119
<v Speaker 1>we talked about on here, going to be continuing to

613
00:35:00.159 --> 00:35:04.199
<v Speaker 1>develop an unfold and nothing will be resolved. Despite your

614
00:35:04.280 --> 00:35:06.280
<v Speaker 1>you know, your optimism about where we might all end

615
00:35:06.360 --> 00:35:07.119
<v Speaker 1>up as a I.

616
00:35:07.039 --> 00:35:08.239
<v Speaker 3>Didn't it was opts.

617
00:35:08.280 --> 00:35:11.519
<v Speaker 1>I just wish yes, right, your fan fiction about the

618
00:35:11.599 --> 00:35:15.239
<v Speaker 1>future of American democracy. Well, I just want to really

619
00:35:15.360 --> 00:35:17.760
<v Speaker 1>thank Jessica and Zach you both for joining us and

620
00:35:18.039 --> 00:35:20.800
<v Speaker 1>taking the time and appreciate it.

621
00:35:21.519 --> 00:35:23.360
<v Speaker 2>Thank you, thanks for having us.

622
00:35:24.519 --> 00:35:27.000
<v Speaker 1>You can get the Trip Cast anywhere you get your podcasts,

623
00:35:27.000 --> 00:35:30.960
<v Speaker 1>as well as on YouTube. Our producers are Rob and

624
00:35:31.079 --> 00:35:33.360
<v Speaker 1>Chris and we will see you next week.
