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Speaker 1: And we are back with another edition of the Federalist

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Radio Hour. I'm Matt Kittle, Senior Elections correspondent at the

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Federalist and your experienced Shirpa on today's quest for Knowledge.

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As always, you can email the show at radio at

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the Federalist dot com, follow us on x at FDR LST,

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make sure to subscribe wherever you download your podcast, and

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of course to the premium version of our website as well.

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Our guest today is Cornell Law professor William Jacobson, founder

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of Equal Protect dot org, a civil rights initiative devoted

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to the fair treatment of all persons without regard to

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race or ethnicity. It's a critical project and relevant to

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what we plan to talk about today. We discuss President

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Trump's new higher ed reform plan targeting the DEI cult

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on college campuses. Professor Jacobson, As always, it's a pleasure.

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Thank you for joining us on the Federalist Radio Hour.

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Speaker 2: Thank you for having me on.

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Speaker 1: Absolutely this is basically what we're talking about. The President

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recently announced a sweeping new plan to reform American higher education,

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pledging his administration's commitment to rooting out what he called

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woke education. Policies that have been corrupting college campuses across

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the country. That woke stuff is very much tied to

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the diversity, equity and inclusion agenda. It's not just an agenda,

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it's a way of life on these college campuses. Do

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you think that this latest move by the president will

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accomplish what he hopes it can do well.

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Speaker 3: It's a very difficult situation because the DEI culture, which

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is a culture that focuses not on individuals and not

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on individual rights, but on group identity issues, is so

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deeply deeply embedded.

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Speaker 2: In the universities.

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Speaker 3: I mean, I see it at Cornell myself that it's

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going to be very tough to get rid of. It

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has a quasi religious feel to it. It is the

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reason to be for a lot of administrators and a

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lot of professors, and it's going to be tough.

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Speaker 2: I think that his.

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Speaker 3: Use of federal funding is probably the biggest and best

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instrument that he has, and he has wielded.

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Speaker 2: That so far to some extent with success.

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Speaker 3: But there was the agreement with Columbia to change certain practices.

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But at its core, this is a cultural problem and

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that's going to be much tougher to get at. So,

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in response to the question is he likely to be successful,

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what's the chances? It's hard to say. I think if

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this effort he's making is sustained only for two to

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three years, it will ultimately fail. The way I like

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to describe it is the DEI bureaucrats and advocates on

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campuses are like survivors of a shipwreck clinging to a

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lifeboat waiting for help to arrive. They think they can

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outlast the Trump administration and we'll find out in three years,

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you know, whoever this success or administration is going to be.

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But clearly nobody wants to change. They're not going to change.

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They will only change superficially to the extent their funding

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is dependent on it.

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Speaker 2: But they are not going.

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Speaker 3: To give up the ideology. It's going to take many

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years to get there.

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Speaker 1: I think that's a good way to put it, that

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they are clinging to the thing and obstinately as as possible.

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I think about a recent video coming out of the

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University of Iowa and good old Iowa City, small town midwest,

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you know, big ten campus obviously, and so you know,

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really into the cult of DEI. But we see video

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of a of a faculty member or someone within the

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college talking about how, yeah, we we we're supposed to

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be changing this. This was a statewide order similar to

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what is happening at the national level with what the

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president is doing here, and they talked about how they

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just change the terminology, but the result is the same

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sort of discrimination that we've seen throughout. How do you

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get through that kind of mindset and actual assault on

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laws in this country?

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Speaker 3: The enforcement has to be local. You have to get

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the schools to police themselves.

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Speaker 2: And the way that.

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Speaker 3: Trump administration is trying to do that and they're compact

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with Higher Education that was released not long ago. They're

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offering a carrot and a stick. The carrot is for

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schools which you're willing to reform in compliance with that compact.

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There will be financial incentives. They will essentially get the

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fast track on federal funding, and there will be other

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perks that come along with it. So, if you're willing

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to reform yourself on all these horrible practices, if you're

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willing to move the campus a little bit back towards

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the center, if you're willing to open up viewpoint diversity,

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not just skinct diversity, if you're willing to do all

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these things, there will be an incentive for you, there

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will be a carrot. But there's also the stick in

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that same compact, which is, if you're not willing to

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do that, well, we're going to just keep doing what

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we're doing. We're going to scrutinize you, and if we

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find violations of law, we're going to yank your funding.

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And you, colleges choose which way you want to go.

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It's a fork in the road. You can cooperate with us,

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or you cannot cooperate with us. Your choice, and there's

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a carrot if you cooperate, and there's a stick if

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you don't. And I think that's probably the right approach

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because trying to regulate what happens on campuses from Washington,

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d C. One is generally speaking not a good idea

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and two ineffective anyway, because as you mentioned, they're behind

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closed door, still doing the same things. They're rebranding. So

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we issued a report over a year ago about the

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branding efforts at Cornell. It used to be called Diversity,

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Equity and Inclusion. Then they changed the name to I

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think it was Diversity and Inclusion, and now they've changed

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the name to something ridiculous. I don't even remember what

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it is, something with the word belonging in it. Okay,

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So they're constantly branding belonging in inclusion.

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Speaker 1: I belong yes, belonging in inclusion, which continues to have

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the original concept of And again, all of these words

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that they've used, these catchphrases, are exactly the opposite of

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what we think about when we think about, you know,

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a colorblind society. They don't want a color blind society.

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They don't want things based on merit, they don't want

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it's just a thumb on the scale of it all.

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That's what the whole concept of equity is really all about.

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It's about opening up spots for the people that they

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think have been discriminated against. It's like your organization talks

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about that to fight racism. You don't use racism, But

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that is exactly what they're doing, is it not.

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Speaker 2: Yes, it is.

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Speaker 3: I mean, that's a worldview that does not view individuals

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as individuals. So when somebody applies to your school, you

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don't care so much about who this person is.

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Speaker 2: You care about what skin color they have.

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Speaker 3: Which box can be checked, which ethnicity they are, which

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gender identity, they are all of those things that are

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group identities as opposed to focusing on the individual. And

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I think it was Chief Justice Roberts in one of

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the cases a few years ago, said the way to

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stop racial discrimination is to stop discriminating on the basis

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of race. But they don't see it that way. They say, well,

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there was slavery, there was Jim Crow. And my response is, well, okay,

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tell me about the individual. Don't tell me about groups.

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Don't tell me about one hundred years ago. Tell me

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about this individual. And there's almost no societal harm that

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can't be fixed by focusing on the individual. So if

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an individual was in fact subjected to racism, that can

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be considered. The Supreme Court said that in the Students

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for Fair Admissions the Affirmative Action case specifically said that

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it is okay to consider an individual's experience with racism,

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but you cannot stereotype and assume that everyone with a

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certain skin color has suffered harm and everyone with a

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different skilled and color has gotten rewarded in life. Those

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gross generalizations and stereotypes are not good enough as a

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matter of law. But that's what the attitude is. So

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if you have somebody who was in fact discriminated against.

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That can be considered when they're applying to college or

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anything else.

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Speaker 2: And so this is the problem.

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Speaker 3: The Trump administration is fighting a deeply ingrained culture, which

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is why pushing the obligation to enforce these rules and

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the civil rights laws onto the colleges I think is

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probably the right way. They know what's going on on

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the campus. They may not want to admit it, but

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they know and they should be held responsible. So that compact,

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among other things, makes the president or chief executive of

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a university responsible for these violations, responsible for failure to

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adhere to the compact. It also requires that these policies

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be adopted throughout the university, and that's really the way

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to do it. So I think they're onto something here,

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but there is going to be there. Already is massive pushback,

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massive claims that this interferes with academic independence. I guess

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my response to that is where has academic independence gotten you.

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I'm all in favor of academic independence, but you have

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killed the golden goose, Okay, the goose that laid the

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golden egg. You had a good thing going academia. You

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had almost unlimited federal funding. All you had to do

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is be modestly moderate. All you had to do is

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not purge conservatives from the campuses, which has happened. There

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are almost no conservative professors left on campuses.

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Speaker 2: Approaching zero.

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Speaker 3: All you had to do is not get carried away,

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and you couldn't do that. Okay, So you're telling us

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that you want absolute independence. On the other hand, your

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absolute independence has created a terribly unhealthy situation for higher education.

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You've turned the population against you. You're biting the hand

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that feeds you. This is an unsustainable model. It's in

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your own interest to do what we're asking you to do.

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You can't keep going with this bubble because it's going

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to burst sooner or later, and the higher education system

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needs an intervention. And that's how I view what the

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Trump administration is doing, is they need an intervention. They

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cannot reform themselves because there is no internal opposition left.

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There is nobody who is going to reform them who

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works on a campus. There may be people like me

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who speak out, but I'm almost or close to a

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loan on a massive university campus. There you will not

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find I think even one or two other people at

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Cornell who will say the things that I'm saying and

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call for the reforms I'm calling for, so there is

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no internal opposition left. Higher education cannot reform itself. It's

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on an unsustainable bubble that's going to destroy higher education.

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It needs an intervention. It needs an adult in the room.

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And I think that the person who's doling out the

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money is that logical person, and that person is the

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federal government. I wish the federal government wasn't involved at all.

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I wish that academia had been more responsible, but it wasn't.

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You if in a better world, the federal government should

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keep its hands off of academia, but we don't live

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in a better world. We live in a world where

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it has become a bubble where half the population is

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not just excluded, but demonized on campuses.

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Speaker 2: What kind of model is that?

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Speaker 3: What kind of future is that for higher education? There's

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no future. The bubble has burst, and it's time for

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the adult in the room to force reforms onto higher education.

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Speaker 4: We've got ourselves in insurance catastrophe. The Watched Out on

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Wall Street podcast with Chris Markowski. Every day, Chris helps

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unpack the connection between politics and the economy and how

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it affects your wallet. It doesn't make any difference whether

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it's health, auto home, everyone is getting. It's getting worse

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instead of better. Does Marjorie Taylor Green have the solution?

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Whether it's happening in DC or down on Wall Street,

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it's affecting you financially.

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Speaker 1: Be informed.

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Speaker 4: Check out the Watchdout on Wall Street podcast with Chris

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Markowski on Apple, Spotify or wherever you get your podcasts.

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Speaker 1: The intervention, Yes, enema. Possibly the higher education system could

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use an enema. You're right when you say the purging

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that's gone on over the last not just few years

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when everybody's attention turned to this DEI cult and all

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of that sort of thing. This has been going on

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for a long time. It's picked up its pace obviously

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over the last decade and certainly over the Trump era,

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because that is the political side of all of this thing.

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But you said it earlier. I think you put your

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finger on it when you talk about the individual versus

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the group. That's what DEI really is about. It's the group.

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It's group think, it is group politics, it is identity politics.

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And how much of this stuff is really driven by

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power by politics as opposed to good education.

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Speaker 3: Yeah, well, I think that our political system, if you see,

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and getting back to this issue of conservatives being purged,

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it's not so much that people have been fired, although

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that has happened in certain cases.

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Speaker 2: It's more that they're not hired.

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Speaker 3: And so you have a culture which over thirty to

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forty years has excluded half the population from participation in

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the campuses, and that results in bad policy, bad politics,

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because these are the people who go to become journalists

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and politics and all other sorts of things that have

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impact on society. It's one of the ways we got

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to where we are now that New York City looks

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likely to elect an outright socialist who hates our country

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as its mayor.

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Speaker 1: Well, so was that the design? Was that the plan

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all along?

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Speaker 2: I think it was.

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Speaker 3: I mean, if you look at the writings back in

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the sixties and the seventies, and you look at the approach,

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the left recognized that if you want to change society,

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you change it by taking over education. Now, I don't

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think forty years ago they said we're going to get

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a socialist elected mayor of New York City. But what

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they did recognize is that that was a weak point

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in society. The most conservative family, the most traditional family.

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The second you put your kids in a public school,

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whether it's K through twelve or even private higher education,

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the second you put them into the education system, you

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have surrendered them. You've surrendered them to people who don't

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have our best interests at heart, and who view our

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country is inherently evil. And that's what they teach kids.

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I mean, the entire thrust of the leftist agenda is

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that the United States is uniquely evil in the world,

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and capital is uniquely evil in the world. And that's

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why you have increasing numbers of students, or increasing numbers

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of younger people who believe that socialism is a better model.

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And yes, wasn't their plan. Yes, it was their plan

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to convert a generation. It was not their plan to

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elect somebody the mayor of New York City who's a socialist.

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They probably didn't even dream that big. Okay, they probably

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wouldn't have even thought that was possible, that the home

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of capitalism, the home of the stock exchanges, you know,

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the home of you know, corporate America, We're going to

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convert that to socialism. I don't even think they dreamed

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that big, But it's the end result.

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Speaker 1: It certainly is. And you know, I've talked about higher education.

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Higher education, as you mentioned, needs an intervention sort of

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our public school systems, and it's all tied together. It's

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maybe a conversation for a different day. We're really focusing

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on what's happening in our universities and college campuses on

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the front of carrot and stick. We have seen some

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movement on this front from the Harvards of the world,

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if you will, talking about changing policies. As we mentioned,

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they can change those policies, they can change the terminology

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but still do the same sort of thing. That's why

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enforcement is so critical in all of this. But we

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have seen some movements some university saying, okay, we don't

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want to lose that funding. It's not because they had

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an epiphany and they said, you know what, we've been

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engaging in racism now, you know, come to think of it.

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Professor Jacobson and the rest of the folks who are

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fighting against this racism, they're absolutely right. Anti discrimination or

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anti racism is actually is actually racism and all of

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these sorts of things. They're doing it because there are

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dollar signs at stake here and a good significant amount

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of dollar signs. Do you see them really fully changing

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because of these sorts of federal policies. At least over

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the next three years.

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Speaker 2: I see changes being made. Three years is not long enough.

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Speaker 3: If this project to reform education ends in three years

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at the twenty twenty eight election, then the gains will

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be temporary. This is going to become roaring.

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Speaker 2: Back, like an allergic reaction. It's going to be much worse.

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Speaker 3: Because there's a lot of angry people in the DEI

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industrial complex right now.

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Speaker 2: You have to.

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Speaker 3: Eliminate the departments, eliminate the jobs, eliminate the ideologies. And

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if that keeps up for in my estimation, six to

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ten years, I think you will have effected tremendous change

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because people will move on. But if it's only two

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to three years, it.

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Speaker 2: Won't be long enough. It won't be long enough.

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Speaker 3: And that's why I think there was some irrational exuberance

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early in the Trump two point zero term when he

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issued a bunch of executive orders addressing the DEI problem

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and the problem in contracting, etc. And my view was

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that the reports of the death of DEI are premature.

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To paraphrase a famous saying, and it's true it's going

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to take many years. It's going to need to change

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what has happened with the bureaucracies and everything else. I

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think it can change, but six to ten years is

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my time frame.

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Speaker 1: Yeah, definitely, And all of those executive orders issued can

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go right away, just as we saw in twenty twenty

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one when the DEI president Joe Biden took over and

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whatever he was signing, whatever was put in front of him,

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or his auto.

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Speaker 2: Pattern, whatever the machine was signing.

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Speaker 1: Whatever the machine was signing at that time, he was

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all in. And that is the problem is that if

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you really want systemic change, just like the leftist in

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this country, they have played the long game, there has

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to be a long game for it, and obviously that

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involves at a basic level politics. Our guest today is

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Cornell Law professor William Jacobson, founder of Equal protect dot org,

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a civil rights initiative devoted to the fair treatment of

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all persons without regard to race or ethnicity. We'll talk

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more about that organization coming up in just a moment,

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but let's go back to the new reform strategy from

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the Trump administration. What does it ultimately aim to do?

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What are some of the details of that that are important,

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some of the details that may, in your estimation, not

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be effective in combating all of this.

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Speaker 3: Well, I think that it reinforces what is already the

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law for non discrimination. What makes very clear how broadly

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it expands non discrimination based on race, ethnicity, other factors,

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and sex, although there.

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Speaker 2: Are some carve outs for sex.

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Speaker 3: And it puts the executive, the chief executive, the president

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of the university on the hook for violations. So instilling

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that personal responsibility I think is important for the enforcement

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of the law. It could also be extremely important because

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they're going to have to certify compliance, and there are

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laws out there that if you falsely certify compliance in

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order to get funding, the funding can be pulled back

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by the federal government, and so that increases the stakes.

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They're making individuals responsible, which I think is likely to

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have an impact.

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Speaker 2: This is one that's going.

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Speaker 3: To be fought, and it's a little harder to measure.

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They're talking about protecting academic freedom, but also ceasing policies

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that demonize conservatives and others who are not in the

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majority viewpoint. That's harder to measure, and that might be

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subject to legal challenge in terms of viewpoint but that's

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what they're trying to do. They're trying to change the

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culture on campuses. And a perfect example is Harvard University,

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which has been ground zero for a lot of these problems,

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and it's Harvard. Crimson did a survey showed that three

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percent of the faculty self identified as conservative or very conservative,

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and almost eighty percent identified as liberal or very liberal.

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Compare those statistics to the general population. Using Gallop and

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Pew sort of numbers from reputable firms, approximately thirty eight

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percent of people in the US identify as conservative or

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very conservative. Approximately twenty eight percent identify as liberal. So

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there are more conservatives in this country at least people

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who identify as conservative then there are liberals.

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Speaker 2: Yet you go to Harvard and it's.

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Speaker 3: Completely out of whack, it's completely skewed. And that's okay

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to an extent, But what does it say about a

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university system that produces faculty who are in a completely

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different universe than the population of the country. And that's

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just unsustainable. That is not a sustainable model. You cannot

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have a university system that hates its host country and

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expect that system to.

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Speaker 2: Go on forever.

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Speaker 3: And that's what we have and so they're trying to

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address that, but it's going to be tough. There are

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other things here dealing with promotion, institutional neutrality, so that

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institutions are not taking positions you're remembered much like the

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corporate world. After George Floyd, there were a lot of

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pronouncements about it, universities essentially making political statements. And they

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also want to limit the number of foreign students to

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a certain percentage of the student body, which I think

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could have an important impact if you notice a lot

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of the problems we've had on university campuses have and

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from foreign students, particularly at places like Columbia. And this

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is not saying you don't have foreign students, but I

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think they want it limited to fifteen percent of the

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student body. Not more than fifteen percent should be foreign.

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And that gets to something that we've written about, which

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is how is it that our universities a great American universities,

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the great American universities are in some cases majority foreign.

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Columbia I believe was majority foreign. Many schools have thirty

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forty percent. These universities no longer really are American universities.

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They're foreign universities that happen to be based in America,

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and that's not.

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Speaker 2: Healthy for our society. So a lot of what this

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is trying to do.

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Speaker 3: If you isolate an individual element, you can argue with it.

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You can say that doesn't make sense, that's not a

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good idea. You know, maybe we want more foreign students

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for whatever the reason. But when you view it in

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the context of the totality, it's simply trying to bring

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our universities back towards the mainstream of the country, not

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necessarily into it. We're not talking about creating conservative universities,

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but we're talking about creating universities that are more in

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sync with the country as a whole, where diversity of viewpoint,

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including critical viewpoint of the United States States, is preserved.

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But it can't be the only thing you hear on campuses,

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which is what it is now.

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Speaker 1: It seems to me that the critical race theory crowd

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would like separate, but equally sees may be divided into

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the liberal campuses and conservatives. You can go have your

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conservative institutions and water fountains over there. I mean, I

427
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know it sounds absurd, but that's what we're doing. In fact, though,

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I think what we're seeing in in higher education across

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the country, from Harvard to the smallest four year colleges.

430
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Is this whole push to make conservatives into liberals, to

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change people's perspectives forcibly, you know, And that happens in

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a lot of different ways. It happens, as you mentioned before,

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by not how hiring conservative professors, by dominating your enrollment

434
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with foreign students from radically anti American countries. It's no

435
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wonder this kind of stuff is happening. But here I

436
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want to ask you, in context of what we have

437
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seen over the last month, in particular the assassination of

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Charlie Kirk on a college campus that didn't happen in

439
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a vacuum. Do these universities have blood on their hands now,

440
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not just for Charlie Kirk, but all kinds of different

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incidents we've seen.

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Speaker 3: Yeah, I wouldn't go so far as to say they

443
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have blood on their hands, but they have created an

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atmosphere of intolerance, and that atmosphere of intolerance.

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Speaker 2: Is endemic to the universities.

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Speaker 3: Now. Charlie Kirk being assassinated is an extreme example, but

447
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Charlie Kirk was not allowed to appear at Cornell University.

448
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Can't remember the year. I want to say three or

449
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four years ago, but time wise it could have been

450
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five years ago. I don't remember the year, but Charlie

451
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Kirk was not allowed to appear on campus. They were

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left wing objections to him appearing. The university eventually claimed

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there was some paperwork problem and that's why he couldn't appear,

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but nobody believed that at all, and he ended up

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having to appear off campus in downtown Ithaca.

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Speaker 2: So these are non problems that started.

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Speaker 3: This is nothing new at my website, you know, we've

458
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covered shoutdowns and shutdowns at Cornell and elsewhere. There was

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a forget the year, I think like twenty seventeen, it

460
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might have been. There was a one of the founders

461
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of the Tea Party movement was invited to speak at

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campus and they had to move him into hiding and

463
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move the event into hiding because of threats against the event.

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Rick Santorum was heckled at Cornell and Culter all sorts

465
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of people you know aren't shot, but it's a hostile environment.

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I will say Cornell has taken strides to protect speakers more,

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but the fact that they even have to take those strides,

468
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I cannot recall, and I'm not saying it never happened,

469
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and I've been covering higher Ed since two thousand and eight,

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I cannot recall a left wing speaker being runoff campus.

471
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It may have happened, but it would be an aberration.

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It would be the exception to the rule. It's only

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conservatives who get chased off of campuses. It's only conservatives

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who get shouted down. It's only conservatives who have to

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show up with armed security. It's only conservatives who have

476
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to hold the event in secret, in hiding on campuses.

477
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So and this is including at places like Cornell, which

478
00:31:32,200 --> 00:31:34,759
is far from the worst. I mean, people always ask me, well,

479
00:31:34,799 --> 00:31:37,960
what's what's it like at Cornell? I said, well, the

480
00:31:37,960 --> 00:31:39,559
good news is we're not Columbia.

481
00:31:39,839 --> 00:31:40,279
Speaker 2: Okay.

482
00:31:40,720 --> 00:31:43,279
Speaker 1: You know, they should have t shirts that say that.

483
00:31:43,480 --> 00:31:45,599
Speaker 2: We're not Columbia. Okay.

484
00:31:46,000 --> 00:31:50,440
Speaker 3: But nonetheless, even though we're not Columbia, there is that culture,

485
00:31:50,839 --> 00:31:54,759
and it's gotten better. The administration, after a lot of criticism,

486
00:31:55,039 --> 00:32:00,400
some federal intervention, alumni complaints, pressure from alumni groups, has

487
00:32:00,559 --> 00:32:02,960
done a better job in the last couple of years

488
00:32:03,000 --> 00:32:03,279
with that.

489
00:32:04,279 --> 00:32:06,240
Speaker 2: But why should they have had to do that?

490
00:32:06,279 --> 00:32:09,359
Speaker 3: What is it about the culture at Cornell and many

491
00:32:09,400 --> 00:32:15,960
other universities that breeds the intolerance for opposing viewpoints, for

492
00:32:16,079 --> 00:32:19,759
non leftist, nonliberal viewpoints. What is wrong with this picture,

493
00:32:20,160 --> 00:32:22,839
and that's something that I think the Trump administration is

494
00:32:22,880 --> 00:32:25,279
trying to get at, is what is wrong with this

495
00:32:25,440 --> 00:32:29,000
picture is that you have a monoculture which does not

496
00:32:29,119 --> 00:32:33,680
welcome outside viewpoints. For the most part, there are exceptions,

497
00:32:34,000 --> 00:32:38,759
but that is I think a fair characterization of Higher

498
00:32:38,920 --> 00:32:43,079
ED in its totality, and it's particularly a characterization of

499
00:32:43,200 --> 00:32:46,160
Higher ED at the so called elite level. The top

500
00:32:46,240 --> 00:32:48,960
ranked schools, not just the IVY League, but that top

501
00:32:49,039 --> 00:32:51,480
tier of schools are extremely intolerant.

502
00:32:51,759 --> 00:32:52,799
Speaker 2: And why is that?

503
00:32:53,240 --> 00:32:56,119
Speaker 3: And that's getting back to my point that Higher ED

504
00:32:56,240 --> 00:33:00,599
needs an intervention because of that culture of intolerance. It

505
00:33:00,640 --> 00:33:04,039
can't even recognize its own intolerance. If you were to

506
00:33:04,119 --> 00:33:08,880
ask the students shouting down people on campuses, the liberal

507
00:33:08,960 --> 00:33:11,880
leftist students shouting people down, they would not think of

508
00:33:11,920 --> 00:33:14,920
themselves as intolerant. They would think of themselves as doing

509
00:33:14,960 --> 00:33:18,119
a very good thing, that they're protecting others from this

510
00:33:18,240 --> 00:33:23,319
hateful speech. So the culture's completely broken in Higher ED

511
00:33:23,440 --> 00:33:26,680
as a whole. And that's what I think Trump administration

512
00:33:26,799 --> 00:33:29,920
is trying to address. I'm not confident they will have

513
00:33:30,200 --> 00:33:33,200
ultimate success. Again, I think this needs to be a

514
00:33:33,240 --> 00:33:36,559
six to ten year effort. Some people might argue longer,

515
00:33:36,799 --> 00:33:38,880
but I don't think anybody can argue the two to

516
00:33:38,960 --> 00:33:40,480
three years is going to be enough.

517
00:33:41,519 --> 00:33:47,119
Speaker 1: I always enjoy the richness of the hilarity, because if

518
00:33:47,160 --> 00:33:50,119
we don't laugh, we cry. But of the people with

519
00:33:50,200 --> 00:33:54,359
the coexist bumper stickers screaming in people's faces to shut up.

520
00:33:56,279 --> 00:33:59,279
That's what we have on our college campuses right now.

521
00:34:00,000 --> 00:34:02,599
And you know, there's there's a there's a big problem.

522
00:34:02,640 --> 00:34:07,400
You know, there's myriad examples, as you mentioned at Cornell,

523
00:34:07,480 --> 00:34:11,920
I remember the UW. Madison, which certainly is no battion

524
00:34:12,079 --> 00:34:18,000
of conservatism. But in twenty sixteen, Ben Shapiro appeared on campus.

525
00:34:18,039 --> 00:34:20,840
They didn't want him there, but they ultimately did allow

526
00:34:21,000 --> 00:34:25,159
him to speak, and the same sort of stuff they

527
00:34:25,159 --> 00:34:27,719
were shouting him down. They wouldn't let him go on,

528
00:34:28,039 --> 00:34:30,639
and you know, I think he handled it well, but

529
00:34:31,199 --> 00:34:34,159
at one point it just boiled over and they had,

530
00:34:34,360 --> 00:34:39,840
you know, just just angry, vain popping leftists, you know,

531
00:34:40,000 --> 00:34:44,440
surrounding Shapiro and surrounding a colleague of mine, Vicky McKenna,

532
00:34:44,519 --> 00:34:48,920
who does a talk radio show, a conservative talk radio

533
00:34:48,920 --> 00:34:53,000
show in Madison, of all places. You know, Vicky is

534
00:34:53,719 --> 00:34:58,920
you know, maybe one hundred and two pounds soaking wet,

535
00:34:59,280 --> 00:35:02,280
and they had her surrounded and they were threatening her.

536
00:35:02,719 --> 00:35:05,639
That's what I take away from what we've seen over

537
00:35:05,679 --> 00:35:09,960
the last decade in this country on college campuses. But

538
00:35:10,079 --> 00:35:14,360
it's also the students. When you have students who are

539
00:35:14,400 --> 00:35:20,199
paying tuition going to these colleges and feel not just

540
00:35:20,400 --> 00:35:25,960
like they don't belong they're not part of the belonging

541
00:35:26,159 --> 00:35:31,679
that these institutions talk about, but they actually feel threatened

542
00:35:31,960 --> 00:35:35,159
on these college campuses. And we've really seen that over

543
00:35:35,199 --> 00:35:39,920
the last several weeks from leftists who have been celebrating

544
00:35:40,000 --> 00:35:45,679
the assassination on college campuses of Charlie Kirk. How do

545
00:35:45,719 --> 00:35:49,280
you protect students ultimately, because that's a big part of

546
00:35:49,320 --> 00:35:52,199
this that isn't always addressed well.

547
00:35:52,199 --> 00:35:55,639
Speaker 2: One of the ways is you simply enforce the rules.

548
00:35:56,360 --> 00:36:00,079
Speaker 3: And I've seen that at Cornell and elsewhere as relates

549
00:35:59,920 --> 00:36:05,440
to the Israel Gaza war, that a lot of the

550
00:36:05,440 --> 00:36:09,239
anti Israel students will claim that they're being discriminated against

551
00:36:09,639 --> 00:36:14,039
because of their viewpoint that pro Palestinian viewpoints are not

552
00:36:14,119 --> 00:36:18,519
allowed on campus. In fact, pro Palestinian viewpoints dominate campus.

553
00:36:18,559 --> 00:36:20,760
Speaker 2: But that's their argument, and.

554
00:36:20,719 --> 00:36:26,639
Speaker 3: My response is, no, you aren't suspended for your pro

555
00:36:26,719 --> 00:36:30,639
Palestinian speech. You were suspended because you pushed through a

556
00:36:30,679 --> 00:36:35,719
police lineup to get to a career event and disrupt

557
00:36:35,760 --> 00:36:38,599
it and prevent other students from interviewing.

558
00:36:38,920 --> 00:36:40,039
Speaker 2: That's why you were suspended.

559
00:36:40,079 --> 00:36:43,519
Speaker 3: That's an actual example at Cornell, a couple of dozen

560
00:36:43,599 --> 00:36:48,440
students I believe, were suspended because there was a career event.

561
00:36:49,000 --> 00:36:51,599
They didn't like one of the companies that was going

562
00:36:51,639 --> 00:36:54,360
to be there. It was one of the weapons manufacturers,

563
00:36:54,360 --> 00:36:58,960
I can't remember which one, and they decided that nobody

564
00:36:58,960 --> 00:37:01,760
should be able to hold this event. And the Cornell

565
00:37:01,840 --> 00:37:05,239
had police protecting the entrance to the building, and these people,

566
00:37:05,320 --> 00:37:09,079
literally it's on video, pushed through the police pushed them aside,

567
00:37:09,719 --> 00:37:12,519
and a couple of them got criminally charged, and of

568
00:37:12,559 --> 00:37:15,599
course those charges were pretty much dismissed, as they always are.

569
00:37:15,960 --> 00:37:20,000
But that's why you're suspended, Or you're suspended because you

570
00:37:20,119 --> 00:37:23,800
disrupted the library. You're not allowed to use electronic bullhorns

571
00:37:23,840 --> 00:37:26,239
in the library while people are trying to study, and

572
00:37:26,280 --> 00:37:28,840
you did that, and so it wasn't your viewpoint, it's

573
00:37:28,840 --> 00:37:31,519
your conduct, and they don't seem to accept that. So

574
00:37:31,760 --> 00:37:34,719
a lot of the violence, a lot of these things

575
00:37:34,920 --> 00:37:38,679
don't require a change of the rules. They just require

576
00:37:38,880 --> 00:37:43,039
enforcing rules that already exist. And university administrators, who a

577
00:37:43,039 --> 00:37:46,480
lot of times agree with the protesters, don't want to

578
00:37:46,519 --> 00:37:49,639
do that, and they think, oh, that's just free speech.

579
00:37:49,679 --> 00:37:52,440
Well it's not free speech when, like at UCLA, you

580
00:37:52,519 --> 00:37:57,400
set up a blockade on campus and declare a Zionist

581
00:37:57,480 --> 00:38:00,400
free zone and don't allow people to pay us through

582
00:38:00,480 --> 00:38:03,440
unless they pledge to be anti Zionists. You're not allowed

583
00:38:03,480 --> 00:38:05,960
to do that. That's not your right, that's not speech,

584
00:38:06,239 --> 00:38:10,840
that's conduct. And so enforce this as to the rioters,

585
00:38:10,960 --> 00:38:13,639
as is to the people who shout down. There was

586
00:38:13,679 --> 00:38:15,880
a recent event at Cornell, and I keep bringing up

587
00:38:15,880 --> 00:38:18,480
Cornell not because it's worse than any place, just it's

588
00:38:18,639 --> 00:38:21,119
more of my experience. I know more of what's going

589
00:38:21,159 --> 00:38:21,639
on there.

590
00:38:21,840 --> 00:38:22,960
Speaker 2: There was a recent.

591
00:38:22,679 --> 00:38:27,719
Speaker 3: Event where in order to bring diversity of viewpoint to

592
00:38:27,760 --> 00:38:31,159
the campus on the Israel Palestinian issue, because all the

593
00:38:31,239 --> 00:38:33,119
vocal faculty or against Israel.

594
00:38:33,320 --> 00:38:35,480
Speaker 2: All the vocal student groups are against Israel.

595
00:38:35,840 --> 00:38:39,360
Speaker 3: The president of the university organized a panel and I

596
00:38:39,400 --> 00:38:41,719
forget who was on it, but there were names we

597
00:38:41,760 --> 00:38:44,079
would all know. I think Brett Stevens might have been

598
00:38:44,119 --> 00:38:45,679
one of them. I could be wrong in that, but

599
00:38:45,920 --> 00:38:48,599
you know, kind of name brand people up on stage.

600
00:38:48,599 --> 00:38:51,679
And that event was disrupted. So an event meant to

601
00:38:51,679 --> 00:38:55,440
bring diversity of viewpoint to campus was disrupted and they

602
00:38:55,559 --> 00:38:59,079
enforced the rules and several students got arrested and suspended.

603
00:38:59,239 --> 00:39:00,960
Speaker 2: Because that's Cornell, you know.

604
00:39:01,000 --> 00:39:03,679
Speaker 3: Basically, once you're given the warning to stop the heckling

605
00:39:04,519 --> 00:39:07,199
and you don't obey it, that's now a rule infraction.

606
00:39:07,360 --> 00:39:09,599
And they did enforce it, and I think that was important.

607
00:39:09,760 --> 00:39:12,199
And of course now they're complaining about that that it

608
00:39:12,280 --> 00:39:15,679
was enforced against them because they're pro Palestinian. Know it

609
00:39:15,719 --> 00:39:18,199
was enforced because you do not have the right to

610
00:39:18,320 --> 00:39:21,320
prevent others from speaking, and you do not have the

611
00:39:21,440 --> 00:39:25,199
right to prevent others from listening, and that's what they do, so.

612
00:39:25,360 --> 00:39:26,239
Speaker 2: Enforce the rules.

613
00:39:26,480 --> 00:39:30,599
Speaker 3: If the schools just enforced existing rules, that would go

614
00:39:30,679 --> 00:39:35,360
a long way towards solving the problem of disruptions on campus.

615
00:39:35,440 --> 00:39:36,880
Speaker 2: And shoutdowns on campus.

616
00:39:37,360 --> 00:39:40,480
Speaker 1: When you think it has reached the bottom of absurd,

617
00:39:40,880 --> 00:39:45,079
they keep digging. That's all I can say about that.

618
00:39:45,239 --> 00:39:49,800
And you know, it's remarkable to see this over and

619
00:39:49,840 --> 00:39:55,679
over again and hear the highly charged language from these

620
00:39:55,760 --> 00:40:00,960
leftists on college campuses American politics in general, pointing the

621
00:40:01,000 --> 00:40:05,400
finger at Donald Trump and fellow conservatives the MAGA movement

622
00:40:05,480 --> 00:40:09,360
as fascist. I ask the question, who really are the

623
00:40:09,360 --> 00:40:12,800
fascist in the United States of America today? It would

624
00:40:12,800 --> 00:40:15,000
seem to me the people who are trying to shut

625
00:40:15,039 --> 00:40:20,119
down freedom of speech, freedom of expression, freedom of self

626
00:40:20,159 --> 00:40:25,159
on college campuses. I'll close with this question, And like

627
00:40:26,039 --> 00:40:31,280
any halfway decent attorney, I know the answer to this question,

628
00:40:31,360 --> 00:40:34,159
but I want to get a survey from you. What

629
00:40:34,400 --> 00:40:39,119
happens if we don't get this stuff under control. What

630
00:40:39,400 --> 00:40:46,800
happens if after three years all of the reforms in

631
00:40:46,920 --> 00:40:49,000
place go away.

632
00:40:50,400 --> 00:40:52,840
Speaker 3: It all comes roaring back, and they will be retribution

633
00:40:52,960 --> 00:40:55,360
against the people who spoke out against it.

634
00:40:55,360 --> 00:40:56,719
Speaker 2: It will be very ugly.

635
00:40:57,599 --> 00:41:01,599
Speaker 3: I think that you will see victory relapse taken, and

636
00:41:02,039 --> 00:41:05,239
it will it will be very ugly. And I think

637
00:41:05,280 --> 00:41:11,119
that's what we're likely to see if this is only

638
00:41:11,199 --> 00:41:14,000
a three year endeavor. I think that they will believe

639
00:41:14,000 --> 00:41:16,599
they're right, and they will believe it's time for retribution,

640
00:41:16,800 --> 00:41:19,599
just like they did when Joe Biden was elected. They

641
00:41:19,639 --> 00:41:22,880
sought retribution against people who served in the Trump administration.

642
00:41:23,880 --> 00:41:28,039
And that's what's going to happen. So you know, there

643
00:41:28,119 --> 00:41:30,239
is a lot at stake in the next election. Are

644
00:41:30,239 --> 00:41:34,960
we going to continue to reform Higher ED, bring it

645
00:41:35,239 --> 00:41:39,599
some place close to where the country is, bring it

646
00:41:39,679 --> 00:41:43,920
more into the mainstream. Are we going to get Higher

647
00:41:44,039 --> 00:41:47,400
ED to stop biting the hand that feeds it and

648
00:41:47,440 --> 00:41:51,360
develop a culture of diversity of viewpoint or are.

649
00:41:51,159 --> 00:41:52,320
Speaker 2: We going to double down?

650
00:41:52,719 --> 00:41:54,840
Speaker 3: And that's really what I think is at stake for

651
00:41:54,960 --> 00:41:56,320
Higher ED in the next election.

652
00:41:56,719 --> 00:41:59,280
Speaker 1: But it's not just at stake for Higher ED. I

653
00:41:59,320 --> 00:42:02,119
truly believe that we don't get a handle on this,

654
00:42:02,360 --> 00:42:07,039
and throughout our society the same stuff happening in corporate America.

655
00:42:07,079 --> 00:42:10,840
As you mentioned before, all of our institutions embedded in

656
00:42:10,880 --> 00:42:13,480
our bureaucracy. So we don't get a handle on this.

657
00:42:14,320 --> 00:42:19,559
Right now. The Republic truly is in peril. I believe that.

658
00:42:19,599 --> 00:42:20,599
How do you feel about that?

659
00:42:21,480 --> 00:42:23,000
Speaker 2: Yeah, I mean, if you.

660
00:42:25,239 --> 00:42:29,400
Speaker 3: Wanted to destroy our country what would you do differently

661
00:42:29,440 --> 00:42:30,159
than they have done?

662
00:42:31,360 --> 00:42:36,159
Speaker 1: Yeah, good point, very good point. I think they have

663
00:42:36,360 --> 00:42:41,440
mastered the role of destruction. And again, you can only

664
00:42:41,559 --> 00:42:47,400
imagine what would happen if they are left without some

665
00:42:47,519 --> 00:42:52,400
kind of accountability over what they've done the last couple

666
00:42:52,400 --> 00:42:58,559
of generations in this country. Tough to contemplate. Thanks to

667
00:42:58,599 --> 00:43:02,920
my guest today, Cornell law professor William Jacobson, founder of

668
00:43:04,079 --> 00:43:09,679
Equal protect dot org, a project of the Legal Insurrection Foundation.

669
00:43:10,519 --> 00:43:13,400
You've been listening to another edition of The Federalist Radio Hour.

670
00:43:13,639 --> 00:43:17,320
I'm Matt Kittle, senior elections correspondent at the Federalist. We'll

671
00:43:17,320 --> 00:43:21,119
be back soon with more. Until then, stay lovers of

672
00:43:21,159 --> 00:43:39,239
freedom and anxious for the fray.

