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<v Speaker 1>Hello everybody, ladies and gentlemen, brothers and sisters, comrades and friends.

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<v Speaker 1>I have to admit that this episode you're about to

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<v Speaker 1>listen to was not something I expected to turn into

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<v Speaker 1>an episode for some time. I mean, it's a relatively

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<v Speaker 1>evergreen subject, but unfortunately world events I think I said

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<v Speaker 1>this in the last episode, do not conform to a

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<v Speaker 1>podcast release schedule, and given the ongoing conversations about political

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<v Speaker 1>violence and their causes that have been going on since

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<v Speaker 1>the assassination of Charlie Kirk on September tenth, twenty twenty five,

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<v Speaker 1>most pointedly in the conversation I had with Danielli, Bellelli

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<v Speaker 1>and Christaps Andredesen's on the last episode, in which I

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<v Speaker 1>actually had to stop and think, like, what are we

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<v Speaker 1>talking about here? When it comes to threatening language. I

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<v Speaker 1>figured that an adaptation of an essay I wrote over

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<v Speaker 1>there Were a year ago in the wake of the

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<v Speaker 1>attempted assassination on President Trump, then candidate Trump, that I

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<v Speaker 1>called the Vital Truth about rhetoric and violence. I still

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<v Speaker 1>am considering what Danielle particularly said when we were having

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<v Speaker 1>this conversation and how I started to think about things

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<v Speaker 1>in terms of existential framing as potentially being something threatening,

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<v Speaker 1>though I still think even if the evidence does not exist,

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<v Speaker 1>one could make an argument against it on the basis

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<v Speaker 1>of law or principle. But I still don't think I've

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<v Speaker 1>moved on that.

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<v Speaker 2>Again.

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<v Speaker 1>I'm willing to concede that there could be some kind

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<v Speaker 1>of psychological evidence out there suggesting that existentially framed language,

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<v Speaker 1>especially persistently delivered and consumed, does constitute an influencing force.

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<v Speaker 1>But I just don't know. Maybe there's something out there,

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<v Speaker 1>maybe there's some studies being conducted. I don't know. I

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<v Speaker 1>hope so I would like to know. But regardless, I

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<v Speaker 1>still find myself unmoved at the idea. As to be fair,

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<v Speaker 1>Daniellie also feels about the idea of restricting our freedom

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<v Speaker 1>of speech that we have in this country. Obviously, there's

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<v Speaker 1>a lot of controversy about that right now, based on

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<v Speaker 1>people losing their jobs and suspensions of various public figures.

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<v Speaker 1>But regardless, I do find myself still unmoved at the

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<v Speaker 1>prospect of restricting speech even if the evidence psychological evidence changes.

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<v Speaker 1>And that's essentially what I got into with this essay

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<v Speaker 1>that I wrote over a year ago, and what I'm

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<v Speaker 1>about to get into with this podcast adaptation of it,

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<v Speaker 1>so I hope that you guys enjoy this. I want

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<v Speaker 1>to thank everybody who supports this show over on Patreon

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<v Speaker 1>and substack, particularly supporters like my excellent executive producer level

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<v Speaker 1>patrons John Andre Saither and Mike Maylebin, longtime supporters of

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<v Speaker 1>this show. Love having you guys here listening to me

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<v Speaker 1>ramble on about such things, even when it interrupts the

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<v Speaker 1>flow of history. Though, to be fair, guys, there is

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<v Speaker 1>some history in this episode. It's it's a very strange

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<v Speaker 1>combination of some of my passions, but it does involve history,

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<v Speaker 1>specifically legal history. So if you want to support this show,

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<v Speaker 1>if you like what you have been listening to or

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<v Speaker 1>what you listen to here, please consider supporting History Impossible

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<v Speaker 1>at Patreon dot com, slash History Impossible or Historympossible dot

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<v Speaker 1>substat dot com. It doesn't cost you much to be

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<v Speaker 1>a supporter and get all the benefits of having ad

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<v Speaker 1>free versions of this show, as well as early releases

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<v Speaker 1>in a lot of cases and exclusive content such as

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<v Speaker 1>the pop Quiz sub series and things of that nature.

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<v Speaker 1>And if you can't, you know, find the cash to

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<v Speaker 1>support the show right now, that's fine. Just to make

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<v Speaker 1>sure to spread the word about this show on social media.

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<v Speaker 1>Follow me on social media of course, x, Instagram, Facebook,

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<v Speaker 1>all the normal places. But spread the word about this

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<v Speaker 1>show to your friends who maybe would be interested in

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<v Speaker 1>these kinds of things. This episode is a little bit

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<v Speaker 1>different than what I usually do, so maybe it'll be

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<v Speaker 1>a little more relevant, especially in this ongoing conversation we've

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<v Speaker 1>been having about the nature of free speech and rhetoric

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<v Speaker 1>and so forth. So with all that said, let's get

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<v Speaker 1>into some I guess it would be impossible psychology, impossible

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<v Speaker 1>legal precedent, and as always impossible history.

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<v Speaker 2>I'll let me to tell you what you would have

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<v Speaker 2>seen and heard. If we're not being pleasant listening, if

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<v Speaker 2>you're at lunch, or if you have no appetite, now

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<v Speaker 2>it is a good time to switch off the radio.

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<v Speaker 1>An ancestor mine maintained that if you eliminate the impossible,

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<v Speaker 1>whatever remains, however.

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<v Speaker 3>Elevation rustle banjie irongto it you genera.

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<v Speaker 2>I need to spy.

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<v Speaker 3>I wish I could say tonight that a lasting peace

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<v Speaker 3>is insight.

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<v Speaker 2>I don't see any laughing dream.

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<v Speaker 4>I feel a laugh in the night wore.

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<v Speaker 1>On if we hear for issue to kill, if we

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<v Speaker 1>care for sued to guill.

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<v Speaker 4>Some say the world will end in fire, some say

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<v Speaker 4>a night.

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<v Speaker 2>From what I've tasted of desire.

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<v Speaker 5>I hold with those of favor fire, But if it

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<v Speaker 5>had to perish twice, I think I know enough of

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<v Speaker 5>hate to say that the destruction ice is also great,

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<v Speaker 5>and look sufficed.

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<v Speaker 4>This is history or hustle.

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<v Speaker 1>The tongue has new bones, but is strong enough to

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<v Speaker 1>break a heart. So be careful with your words. Unknown.

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<v Speaker 1>My opinion is enough for me, and I claim the

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<v Speaker 1>right to have it defended against any consensus, any majority, anywhere,

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<v Speaker 1>any place, anytime, And anyone who disagrees with this can

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<v Speaker 1>pick a number, get in line, and kiss my ass.

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<v Speaker 1>Christopher Hitchens. Something really surprised me when I started formally

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<v Speaker 1>studying history in graduate school just over two years ago

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<v Speaker 1>that the idea of correlation not equaling causation was not

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<v Speaker 1>some kind of dictum. There were a lot of people

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<v Speaker 1>who seemed to just see correlations as evidence of their

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<v Speaker 1>arguments or sufficient evidence of their arguments. And honestly, if

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<v Speaker 1>you're making a civilizational claim, it's kind of hard to

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<v Speaker 1>prove or disprove something like that. But if you're trying

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<v Speaker 1>to make a claim about why American slavery, for example,

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<v Speaker 1>became so particularly brutal later as it went along, and

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<v Speaker 1>are trying to make it more of an argument about

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<v Speaker 1>the essence of the human soul rather than incentives at work,

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<v Speaker 1>you're just going to start to lose me. But when

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<v Speaker 1>you start to lose me, I start to lose the

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<v Speaker 1>rest of the class when I start pointing that out.

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<v Speaker 1>So I have to admit I was a little surprised

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<v Speaker 1>when that particular argument did come up in the first semester, actually,

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<v Speaker 1>but I thought about it, and to be fair, when

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<v Speaker 1>examining history, it is next to impossible or just perhaps

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<v Speaker 1>very difficult to dig out causal links from the past,

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<v Speaker 1>especially the further back in time you travel. Journalism is

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<v Speaker 1>the first draft of history and manages to get this

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<v Speaker 1>wrong so often as it does often get wrong. What

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<v Speaker 1>does that say about history? With the time passing and

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<v Speaker 1>the biases of people long removed from the moment being

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<v Speaker 1>studied needing to be taken into consideration. I mean, the

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<v Speaker 1>layers of difficulty start to become pretty apparent when you

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<v Speaker 1>start thinking about it. But regardless, this was still a

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<v Speaker 1>bit of a surprise for me, having a background academically

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<v Speaker 1>speaking in psychology, particularly research based psychology in which the

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<v Speaker 1>drum of correlation does not equal causation. Was banged upon

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<v Speaker 1>in every single class that I took. In fact, in

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<v Speaker 1>the history of psychology course that I took, the main

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<v Speaker 1>takeaway was that psychology, particularly in its infancy as a field,

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<v Speaker 1>had a major causal fallacy problem. I mean, all you

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<v Speaker 1>have to do is just look at very famous cases,

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<v Speaker 1>like a lot of the claims made by Sigmund Freud,

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<v Speaker 1>but also the much more contemporary ones like the claims

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<v Speaker 1>made about the Stanford prison experiment that people still love

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<v Speaker 1>to cite because it's a great story, but whose veracity

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<v Speaker 1>does not really hold up under much scrutiny. In fact,

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<v Speaker 1>that study, which may be worth examining in detail one

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<v Speaker 1>day on history Impossible, is a much better lesson on

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<v Speaker 1>experimental design and what that can actually do to findings

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<v Speaker 1>and to the people conducting the experiments in ways that

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<v Speaker 1>can't really be appreciated until after the fact. This is

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<v Speaker 1>especially clear with relentless self promoters and people who really

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<v Speaker 1>just want to make the big, common sense sounding statements.

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<v Speaker 1>Be quote unquote proven true, as is the case with

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<v Speaker 1>the Stanford prison experiments. Mayestro, I'll call him Philip Zimbardo,

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<v Speaker 1>who if you look him up, totally not ghoulish looking

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<v Speaker 1>at all. Now, regardless, these days, psychologists and psychological researchers,

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<v Speaker 1>at least it was worth their salt of course, are

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<v Speaker 1>actually quite careful to explain what the evidence in their

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<v Speaker 1>experiments suggest and therefore where future research can go from here,

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<v Speaker 1>essentially either to refute or replicate the results. In other words,

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<v Speaker 1>a good honest study has to have a good and

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<v Speaker 1>thorough and honest conclusion section, one that admits faults and

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<v Speaker 1>suggests future courses of action. It's that simple.

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<v Speaker 4>Now.

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<v Speaker 1>I bring all that up because well, it's related to

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<v Speaker 1>what has been going on in the news for the

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<v Speaker 1>last couple of weeks as of this recording. But really

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<v Speaker 1>what's been going on in the news for the past

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<v Speaker 1>several years. What my friends Danielle Blelli and christap Andresens

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<v Speaker 1>and I discussed in the last episode of History Impossible,

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<v Speaker 1>the rise in political violence. The attempted assassination of Donald

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<v Speaker 1>Trump in July of twenty twenty four was what originally

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<v Speaker 1>inspired the essay on which this episode is based. But

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<v Speaker 1>obviously the recent assassination of conservative pundit Charlie Kirk, to

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<v Speaker 1>say nothing of other assassinations and attempted assassinations around the

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<v Speaker 1>country and just that have really rocked the nation's core,

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<v Speaker 1>like political core in a lot of ways, including the

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<v Speaker 1>assassinations of the Minnesota congress people to the attempted kidnapping

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<v Speaker 1>or assassination of Justice Brett Kavanaugh. I mean, the list

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<v Speaker 1>goes on. I spoke about this list, I gave a

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<v Speaker 1>I quoted from a summary in the previous episode when

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<v Speaker 1>I was talking to Christaps and Danielle. The point is,

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<v Speaker 1>political violence is on the rise, and what do we

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<v Speaker 1>always see. What has been always said in the wake

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<v Speaker 1>of these acts of violence, successful or otherwise in terms

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<v Speaker 1>of lethality, is always at least the implication that the

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<v Speaker 1>way people talk, what they say, their rhetoric in other words,

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<v Speaker 1>is causing this violent behavior, this violent outburst. Put most simply,

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<v Speaker 1>this situation that we've all just seen, that we're all

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<v Speaker 1>talking about, that we've just heard only happened because of

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<v Speaker 1>the rhetoric that people on the other side quote unquote

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<v Speaker 1>have been using for the past ten years or so.

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<v Speaker 1>In other words, what did you expect they say what

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<v Speaker 1>they mean and they mean what they say now, to

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<v Speaker 1>be clear, and I think I've been pretty clear about

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<v Speaker 1>this in various places. I do believe that the depictions

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<v Speaker 1>of President Trump, both when he was in power, when

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<v Speaker 1>he was out of power, now when he's back in power,

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<v Speaker 1>have been, to put mildly, pretty hysterical over the last

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<v Speaker 1>ten years or so. Invocations of fascism and especially Nazism

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<v Speaker 1>being applied to him have just never made that much

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<v Speaker 1>sense to me, even with what has been revealed about

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<v Speaker 1>his attempts to overturn the twenty twenty election. That is

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<v Speaker 1>obviously a very anti democratic impulse. But the way I've

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<v Speaker 1>always seen it, actual fascists don't just disrespect democracy or

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<v Speaker 1>dislike democracy. They don't just disrespect the democratic process. They

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<v Speaker 1>just tend to not want to have a democratic process

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<v Speaker 1>at all. Whether or not that's true or applies to

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<v Speaker 1>our president is kind of irrelevant. That doesn't seem to

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<v Speaker 1>really be the mo of what's going on here. There's

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<v Speaker 1>a lot of other stuff going on. I've already made

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<v Speaker 1>the comparisons to the late nineteenth century form of progressivism,

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<v Speaker 1>which I don't know how wealthoers are going to hold

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<v Speaker 1>up long term, but there's still a comparisons that should

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<v Speaker 1>be well taken, at least in my opinion. Honestly, a

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<v Speaker 1>lot of what we've been seeing has been more resembling

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<v Speaker 1>you know, Chevista regimes, so to speak, down in South America,

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<v Speaker 1>or you know, jew chaism in North Korea. Obviously not good.

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<v Speaker 1>But I'm just saying, comparisons to fascism, just on a

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<v Speaker 1>technical level, just have never made sense to me, to

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<v Speaker 1>say nothing of how Nazism makes it little sense either,

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<v Speaker 1>given how aggressively friendly his administration has been towards the

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<v Speaker 1>only Jewish state in the world, regardless, to imply that

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<v Speaker 1>the president is so sinister that we'd soon see millions

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<v Speaker 1>of our own countrymen, not to mention the countrymen of

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<v Speaker 1>our neighbors who we'd be bound to invade in this

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<v Speaker 1>strained analogy, seeing them all herded into cattle cars to

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<v Speaker 1>be shipped to industrial gas chambers to be killed on

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<v Speaker 1>mass I don't know. I have never much liked Donald

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<v Speaker 1>Trump as the president, but that seems pretty damn insulting

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<v Speaker 1>to not just him. I don't really care about his feelings,

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<v Speaker 1>but it is insulting and other peace people who work

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<v Speaker 1>with him, who probably just want to keep their jobs.

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<v Speaker 1>But it's even more insulting to the millions upon millions

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<v Speaker 1>of actual victims to the Third Reich military machine. That's

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<v Speaker 1>just sort of the way I see it. Can make

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<v Speaker 1>very very pointed criticisms about the current administration in the

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<v Speaker 1>United States, especially these days, with their crackdowns on free speech,

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<v Speaker 1>without just jumping the gun and comparing it to a

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<v Speaker 1>regime that literally existed for the sole purpose of committing genocide.

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<v Speaker 1>And yes, that is again how I tend to characterize

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<v Speaker 1>the Third Reich, Another discussion for another time. I'm just

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<v Speaker 1>trying to make it clear where I'm coming from with this,

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<v Speaker 1>but I also want to be fair. I don't think

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<v Speaker 1>that the growing hysteria that we've seen in the Maga camp,

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<v Speaker 1>the populace camp, whatever you want to call it, the

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<v Speaker 1>new right, the online right, is particularly salient either. It

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<v Speaker 1>all starts to feel a little unhinged no matter which

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<v Speaker 1>direction you're looking at, and it's all based on the

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<v Speaker 1>same thing, the application of language and rhetoric and implying

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<v Speaker 1>or impugning sinister motivations behind those things, and even more importantly,

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<v Speaker 1>creating a causal line from that rhetoric to eventual hypothetical

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<v Speaker 1>evil behavior, but also sometimes actually real evil behavior. The

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<v Speaker 1>point is, if we try to limit the insane or

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<v Speaker 1>even just factually incorrect speech or rhetoric that we're hearing

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<v Speaker 1>because there's a risk that some crazed person might respond

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<v Speaker 1>to such speech, we're essentially trying to kill flies with

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<v Speaker 1>sledgehammers or creative explosives if we really want to run

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<v Speaker 1>with this analogy. And yet people will still try to

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<v Speaker 1>kill those flies with sledgehammers and so forth, and it's

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<v Speaker 1>hard to blame them. While there was no shortage of

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<v Speaker 1>unhinged imagery and rhetoric directed at George W. Bush and

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<v Speaker 1>Barack Obama from twenty one to twenty sixteen, I remember

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<v Speaker 1>seeing all those signs of their faces with a Hitler

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<v Speaker 1>mustache on them. I'm sure some of you, at least

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<v Speaker 1>old enough, do remember that too. I do think, in fact,

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<v Speaker 1>they've made this clear. Having just done a conversation with

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<v Speaker 1>two of my podcasting comrades about it, I think it's

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<v Speaker 1>fair to say that the persistence, intensity, source, and scope

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<v Speaker 1>of the inflammatory rhetoric that exists here in this country

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<v Speaker 1>of the United States has since increased in that time.

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<v Speaker 1>That's passed. But the problem is that we're just operating

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<v Speaker 1>on common sense here based on a perceived pattern. That's

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<v Speaker 1>not really an examination of the evidence. I want to

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<v Speaker 1>approach a different question, a real question, both as a

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<v Speaker 1>budding historian will say, and as someone with a moderate

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<v Speaker 1>background in research based psychology. Therefore, that core question is this,

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<v Speaker 1>did violent existentially framed rhetoric cause all of this political

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<v Speaker 1>violence to be unleashed upon the United States? Could we

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<v Speaker 1>argue even that that's what it has caused in the

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<v Speaker 1>past when it's happened leading to presidents almost being assassinated

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<v Speaker 1>like Donald Trump, to actually being assassinated like say President Garfield,

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<v Speaker 1>or for pundits to be assassinated like Charlie Kirk. Can

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<v Speaker 1>we say that speech caused violence and thus possibly give

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<v Speaker 1>credits to the idea that speech is violence.

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<v Speaker 4>Starting to reach through.

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<v Speaker 3>And it feels like we're living in.

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<v Speaker 4>That split seconds of us gone and time is slowing

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<v Speaker 4>down and if we only had a little more time,

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<v Speaker 4>and this time.

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<v Speaker 3>That's all there is.

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<v Speaker 5>Do you remember that time?

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<v Speaker 3>Wait all the times, wait and shut up.

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<v Speaker 4>We're going to.

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<v Speaker 1>I know.

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<v Speaker 4>And I know you remember how we had justified at

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<v Speaker 4>all and we.

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<v Speaker 3>Knew better in our hearts, we knew betters, and we

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<v Speaker 3>told ourselves it didn't we chose to continue. I remember

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<v Speaker 3>that manners anymore, and the twilight, and soon it will

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<v Speaker 3>be all sudden down, and we're going back together as warms.

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<v Speaker 2>Away, if we will.

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<v Speaker 1>The question of whether or not violent rhetoric causes an

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<v Speaker 1>attempted assassination is part of a broader question of whether

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<v Speaker 1>or not rhetoric or speech causes violence in general. That

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<v Speaker 1>has been made clear enough already by me here. But

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<v Speaker 1>that is a very long held debate in various fields,

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<v Speaker 1>including political science and history, but also psychology. And if

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<v Speaker 1>we focus on the psychological dominion of that question, we

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<v Speaker 1>can broaden it even further. And I believe we should

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<v Speaker 1>to look at the question of whether or not rhetoric

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<v Speaker 1>causes behavior to occur positive or negative at all. It's

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<v Speaker 1>a pretty simple question, does action follow speech? That seems

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<v Speaker 1>to be the sort of general way of framing it

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<v Speaker 1>how most people do, at least, And it is a

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<v Speaker 1>simple question and seemingly one with a simple answer. Now,

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<v Speaker 1>I would wager that most people, using what they believe

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<v Speaker 1>is common sense, would say yes. But what I would

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<v Speaker 1>also wager is that saying yes would correspond almost perfectly

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<v Speaker 1>with their political beliefs. They believe that positive rhetoric, say,

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<v Speaker 1>for example, Greta Tundberg's impassion speech in twenty nineteen regarding

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<v Speaker 1>the existential threat of climate change, causes people to behave well.

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<v Speaker 1>They also believe that negative rhetoric, say Trump's speech on

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<v Speaker 1>January sixth, twenty twenty one, causes people to behave badly.

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<v Speaker 1>In other words, people will attribute the positive or negative

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<v Speaker 1>effects of rhetoric based on what they believe is right

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<v Speaker 1>and wrong. Pretty straightforward. To further flesh out this example, though,

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<v Speaker 1>someone who believed that Greta Tunberg's twenty nineteen speech was

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<v Speaker 1>inspiring and helped make people more animated about the threat

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<v Speaker 1>of climate change would be unlikely to believe that her

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<v Speaker 1>rhetoric caused the more unhinged climate activist behavior of the

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<v Speaker 1>past five years that we've been seeing, like the defacing

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<v Speaker 1>of priceless art with tomato soup and the spray painting

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<v Speaker 1>of archaeological sites like Stonehenge. And conversely, someone who believed

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<v Speaker 1>that Donald Trump's speech on January sixth, twenty one directly

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<v Speaker 1>inspired the riot at the Capitol that day would be

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<v Speaker 1>unlikely to believe that his later calls for peaceful dispersal

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<v Speaker 1>and for protesters to go home had any effect on

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<v Speaker 1>anyone's behavior whatsoever. Whether or not anyone in these hypothetical

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<v Speaker 1>scenarios has a point doesn't really matter to the broader

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<v Speaker 1>point that this is a form of what's known as

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<v Speaker 1>attribution bias, specifically fundamental attribution error, and this bias more

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<v Speaker 1>likely informs our moral judgments rather than rational situational considerations. However,

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<v Speaker 1>as suggested, this does not put to bed the claim

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<v Speaker 1>that rhetoric causes violent behavior. According to an article published

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<v Speaker 1>by the Brookings Institute only three months after the January sixth,

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<v Speaker 1>twenty twenty one riot, quote, a range of research suggests

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<v Speaker 1>the incendiary rhetoric of political leaders can make political violence

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<v Speaker 1>more likely, gives violence direction, complicates the law enforcement response,

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<v Speaker 1>and increases fear in vulnerable communities unquote. Now here's the

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<v Speaker 1>thing about these claims. The Brookings Institute does indeed cite

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<v Speaker 1>several papers and self described experts which suggests that rhetoric

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<v Speaker 1>emboldens people in quotes there to express what they define

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<v Speaker 1>as hateful attitudes. But if you actually look at the

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<v Speaker 1>data they provided, there's nothing in there that suggests anything

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<v Speaker 1>more significant than that kind of correlation. In other words,

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<v Speaker 1>any evidence which shows that changes in behavior was caused

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<v Speaker 1>by inflammatory rhetoric is at best circumstantial. In fact, the

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<v Speaker 1>article even acknowledges at the top of its fourth paragraph

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<v Speaker 1>that quote, there is no direct line between violent rhetoric

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<v Speaker 1>and political violence if the speakers are careful not to

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<v Speaker 1>name specific targets and means unquote, which I don't know.

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<v Speaker 1>That feels like the best example of an awkward mumble

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<v Speaker 1>in article form, if there ever was one. It also

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<v Speaker 1>seems to be pretty well in line with the free

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<v Speaker 1>speech standards that we have in the United States, at

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<v Speaker 1>least legally speaking. We'll come back to that later in

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<v Speaker 1>this episode, but I just think it's worth mentioning that now.

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<v Speaker 1>The key part of that statement that there is no

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<v Speaker 1>direct line between rhetoric and violence. As long as no

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<v Speaker 1>specific target and means are labeled, the direct line cannot

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<v Speaker 1>be established. That is a key part of this puzzle.

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<v Speaker 1>The point is, despite making a sneakily worded claim that

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<v Speaker 1>rhetoric connects to violent behavior, the article's author, Daniel L. Byman,

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<v Speaker 1>is unable to make the case that rhetoric causes behavior,

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<v Speaker 1>despite the implication of causality being created by letting connects

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<v Speaker 1>do so much heavy lifting. A much better and in

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<v Speaker 1>my opinion, honest account of the facts that we have

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<v Speaker 1>available comes from an article on Live Science written way

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<v Speaker 1>back in January of twenty eleven, in the aftermath of

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<v Speaker 1>another story to which we'll return. The author, Stephanie Poppus,

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<v Speaker 1>explains that psychologists make it very clear that quote the

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<v Speaker 1>answer isn't as simple as yes or no quote, and

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<v Speaker 1>that while quote violent rhetoric can make people more comfortable

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<v Speaker 1>with the idea of violence, it's almost impossible to pin

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<v Speaker 1>down the larger causes of one specific incident.

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<v Speaker 4>Quote.

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<v Speaker 1>Now, this might seem like a cop out to some

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<v Speaker 1>of you listening when it comes to explaining the causes

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<v Speaker 1>of something seemingly straightforward, but it's very important for us

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<v Speaker 1>to remember that just because something seems like common sense

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<v Speaker 1>does not mean that it is therefore true. For example,

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<v Speaker 1>while it is clear from research cited by Papus in

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<v Speaker 1>her article that quote people with acute mental disorders like

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<v Speaker 1>schizophrenia or bipolar disorder are two to three times more

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<v Speaker 1>likely to commit violent crime times not just homicide, than

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<v Speaker 1>people without mental illness unquote. It is also clear that

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<v Speaker 1>other factors play a part, including substance abuse, which correlates

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<v Speaker 1>with violent behavior at rates eight to ten times greater

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<v Speaker 1>than that of the population. Now, these factors matter for

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<v Speaker 1>our purposes because they are completely independent of the presence

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<v Speaker 1>of violent rhetoric, and yet they act as risk factors

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<v Speaker 1>for violent behavior, significant ones at that While it might

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<v Speaker 1>not seem unreasonable to quote unquote toned down violent rhetoric

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<v Speaker 1>as a means of trying to stem a tide a

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<v Speaker 1>violent behavior, there are a number of reasons why this

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<v Speaker 1>might be unnecessary. In terms of it being unnecessary, Papus

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<v Speaker 1>notes in her piece that quote, there hasn't been any

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<v Speaker 1>systematic research on whether rhetoric pushes people on the edge

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<v Speaker 1>of sanity off the cliff quote and that quote, the

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<v Speaker 1>phenomenon is so rare that it would be difficult to

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<v Speaker 1>get good data unquote, and that is important for us

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<v Speaker 1>to remember. Even though there there is very clearly a

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<v Speaker 1>spike in politically motivated violence in the United States in

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<v Speaker 1>the contemporary era, and there has been before as well,

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<v Speaker 1>it's always been statistically speaking, very rare. That's always going

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<v Speaker 1>to make it hard to study at scale and to

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<v Speaker 1>be frank. To quote a University of California Irvine psychologist

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<v Speaker 1>named Peter Diddo who was cited in the Pappus article,

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<v Speaker 1>he says, quote You're never going to get science to

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<v Speaker 1>speak to whether some sort of violent political rhetoric caused

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<v Speaker 1>this particular individual to act as they did. Unquote. It's

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<v Speaker 1>just not that simple. And this is backed up by

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<v Speaker 1>a twenty twelve study from the University of Michigan which

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<v Speaker 1>found that political advertisements which used words associated with violence

422
00:28:46.160 --> 00:28:49.839
<v Speaker 1>you think of words like fight, that those advertisements had

423
00:28:49.920 --> 00:28:52.480
<v Speaker 1>little effect on an individual's opinion on whether or not

424
00:28:52.599 --> 00:28:57.960
<v Speaker 1>political violence was justifiable. In addition, any positive effect that

425
00:28:58.400 --> 00:29:01.720
<v Speaker 1>was observed by the researcher was more strongly correlated with

426
00:29:01.839 --> 00:29:06.559
<v Speaker 1>individuals who already possessed high levels of aggression. So, in

427
00:29:06.640 --> 00:29:10.319
<v Speaker 1>other words, the violently worded rhetoric did not make anyone

428
00:29:10.480 --> 00:29:14.319
<v Speaker 1>violent who was not already primed and ready for being

429
00:29:14.440 --> 00:29:18.119
<v Speaker 1>violent to begin with, if only to hammer the point

430
00:29:18.200 --> 00:29:21.559
<v Speaker 1>home a little more strongly. These kinds of findings also

431
00:29:21.720 --> 00:29:24.119
<v Speaker 1>track with the data that I gathered while doing my

432
00:29:24.160 --> 00:29:27.400
<v Speaker 1>own research fifteen years ago on the effects of violent

433
00:29:27.480 --> 00:29:31.000
<v Speaker 1>media exposure on adolescence. This was a little bit touched

434
00:29:31.079 --> 00:29:33.720
<v Speaker 1>on in the conversation that I had with Kristaps and Danielle.

435
00:29:33.799 --> 00:29:37.559
<v Speaker 1>You guys might remember where Danielli referenced video games, for example,

436
00:29:37.640 --> 00:29:42.119
<v Speaker 1>being often cited as a cause, music, movies, and so forth.

437
00:29:42.480 --> 00:29:45.079
<v Speaker 1>That's what I was studying when I was an undergraduate

438
00:29:45.559 --> 00:29:49.319
<v Speaker 1>in the psychology program of my alma mater. Now, in

439
00:29:49.440 --> 00:29:52.920
<v Speaker 1>terms of the research that I examined and collated, there

440
00:29:53.079 --> 00:29:56.240
<v Speaker 1>was very little evidence back then to suggest that violent

441
00:29:56.319 --> 00:30:01.319
<v Speaker 1>behavior stems significantly from exposure to violent media. However, there

442
00:30:01.519 --> 00:30:04.799
<v Speaker 1>was plenty of evidence strongly suggesting that exposure to real

443
00:30:04.920 --> 00:30:09.480
<v Speaker 1>world violence, namely environments in which domestic violence, gang violence,

444
00:30:09.559 --> 00:30:13.799
<v Speaker 1>and war violence, produced a very real positive effect on

445
00:30:13.880 --> 00:30:16.759
<v Speaker 1>an individual's likelihood of committing a violent action at some

446
00:30:16.920 --> 00:30:20.960
<v Speaker 1>point in their lives. This was supported by a study

447
00:30:21.039 --> 00:30:24.079
<v Speaker 1>conducted in two thousand and six by mcab and colleagues,

448
00:30:24.119 --> 00:30:26.720
<v Speaker 1>and from earlier work done in nineteen ninety six by

449
00:30:26.839 --> 00:30:31.279
<v Speaker 1>Sayner and Elikson. The former study found that quote exposure

450
00:30:31.319 --> 00:30:35.759
<v Speaker 1>to community violence significantly predicted externalizing problems two years later

451
00:30:36.079 --> 00:30:40.440
<v Speaker 1>when potential confounds were controlled unquote, and the latter study

452
00:30:40.759 --> 00:30:43.799
<v Speaker 1>found that quote as the number of risk factors increases,

453
00:30:44.359 --> 00:30:47.839
<v Speaker 1>so does the likelihood of engaging in violent behavior. Unquote,

454
00:30:49.240 --> 00:30:51.960
<v Speaker 1>if it was not yet clear that violent behavior stems

455
00:30:52.039 --> 00:30:56.640
<v Speaker 1>from much more than secondhand exposure, that is, violent media

456
00:30:56.759 --> 00:31:00.440
<v Speaker 1>and rhetoric speech. In other words, it became comes even

457
00:31:00.480 --> 00:31:05.200
<v Speaker 1>clearer when examining how biological and cognitive factors have also

458
00:31:05.240 --> 00:31:09.319
<v Speaker 1>been determined as being significant in predicting violent behavior, relatively

459
00:31:09.400 --> 00:31:14.519
<v Speaker 1>independent of environmental pressures. According to a study conducted by J.

460
00:31:14.720 --> 00:31:19.039
<v Speaker 1>Martin Bramirez in two thousand and two, psychobiological factors like

461
00:31:19.119 --> 00:31:24.079
<v Speaker 1>hormonal levels, namely, unsurprisingly higher levels of testosterone, primarily in

462
00:31:24.160 --> 00:31:28.599
<v Speaker 1>young natal males, demonstrated a significant link to violent behavior

463
00:31:28.640 --> 00:31:33.920
<v Speaker 1>with adolescence that continued into adulthood. As Ramirez reports, quote

464
00:31:34.440 --> 00:31:38.079
<v Speaker 1>early adrenal androgens contribute to the onset and maintenance of

465
00:31:38.119 --> 00:31:41.920
<v Speaker 1>persistent violent and antisocial behavior, and that it begins early

466
00:31:42.000 --> 00:31:46.799
<v Speaker 1>in life and persists into adulthood, then concluding that quote,

467
00:31:47.079 --> 00:31:49.640
<v Speaker 1>hormones can be involved in the development of aggression as

468
00:31:49.680 --> 00:31:53.480
<v Speaker 1>a cause, as a consequence, or even as a mediator.

469
00:31:55.960 --> 00:31:59.000
<v Speaker 1>In addition, according to a study conducted back in nineteen

470
00:31:59.039 --> 00:32:02.559
<v Speaker 1>eighty four by l. Ral Huesman and Leonard d aerin

471
00:32:03.200 --> 00:32:07.119
<v Speaker 1>aggressive behavior remains stable over time, in which quote a

472
00:32:07.279 --> 00:32:10.559
<v Speaker 1>circular process in which scripts for aggressive behavior are learned

473
00:32:10.559 --> 00:32:13.440
<v Speaker 1>at an early age and become more firmly entrenched as

474
00:32:13.480 --> 00:32:16.759
<v Speaker 1>the child develops, so that aggression becomes self perpetuating in

475
00:32:16.880 --> 00:32:22.519
<v Speaker 1>children with certain cognitive characteristics. What this further suggests is

476
00:32:22.559 --> 00:32:25.960
<v Speaker 1>that aggression, that is violent behavior, is something far more

477
00:32:26.119 --> 00:32:29.440
<v Speaker 1>entrenched than something that can just be activated by the

478
00:32:29.480 --> 00:32:33.519
<v Speaker 1>presence of violent rhetoric. To put it another way, much

479
00:32:33.559 --> 00:32:37.160
<v Speaker 1>of the evidence available suggests that human brains, while certainly

480
00:32:37.359 --> 00:32:40.839
<v Speaker 1>very malleable over time and with proper pressures applied, some

481
00:32:40.960 --> 00:32:44.480
<v Speaker 1>of which are biological and likely even have a genetic component,

482
00:32:44.960 --> 00:32:47.960
<v Speaker 1>the brains are not so putty like that someone shouting

483
00:32:48.119 --> 00:32:53.200
<v Speaker 1>fight at a rally will prompt a violent response. From

484
00:32:53.319 --> 00:32:57.000
<v Speaker 1>the evidence that is available at least trying to study

485
00:32:57.039 --> 00:33:00.480
<v Speaker 1>the effects of exposure to violent media and rhetoric, there

486
00:33:00.599 --> 00:33:03.880
<v Speaker 1>is at best no clear answer which requires us to

487
00:33:03.960 --> 00:33:07.839
<v Speaker 1>assume a non positive effect. This is not to say

488
00:33:07.880 --> 00:33:10.319
<v Speaker 1>that we should not continue to study such linkages for

489
00:33:10.400 --> 00:33:12.920
<v Speaker 1>the sake of expanding our knowledge and the effects of

490
00:33:13.000 --> 00:33:16.960
<v Speaker 1>speech and behavior, but it is to say that we cannot,

491
00:33:17.480 --> 00:33:22.319
<v Speaker 1>at least rationally speaking, start ascribing responsibility to speech where

492
00:33:22.440 --> 00:33:29.319
<v Speaker 1>none conclusively exists. In terms of external social factors, the

493
00:33:29.400 --> 00:33:32.759
<v Speaker 1>studies that we examined above all concluded the same thing,

494
00:33:33.559 --> 00:33:37.000
<v Speaker 1>that the risk for violent behavior increases thanks to exposure

495
00:33:37.240 --> 00:33:40.599
<v Speaker 1>to other violent behavior. That was always the strongest predictor,

496
00:33:41.160 --> 00:33:43.839
<v Speaker 1>but it was often only in the children's and adolescent's

497
00:33:43.920 --> 00:33:47.240
<v Speaker 1>immediate vicinity, as in, not part of their media consumption.

498
00:33:49.119 --> 00:33:52.079
<v Speaker 1>The only significant and persistent effect that media consumption had

499
00:33:52.160 --> 00:33:55.880
<v Speaker 1>upon children, and these were very young children, often toddlers

500
00:33:55.880 --> 00:33:58.920
<v Speaker 1>a lot of the time, was that it did sometimes

501
00:33:59.000 --> 00:34:02.319
<v Speaker 1>desensitize them to violent depictions when they were exposed to

502
00:34:02.400 --> 00:34:04.839
<v Speaker 1>them again, as in, they didn't have as strong of

503
00:34:04.880 --> 00:34:07.960
<v Speaker 1>a reaction when looking at it. That was something a

504
00:34:08.000 --> 00:34:10.599
<v Speaker 1>lot of parents were concerned about, especially with video games

505
00:34:10.679 --> 00:34:13.280
<v Speaker 1>back in the nineteen nineties and even early two thousands.

506
00:34:13.639 --> 00:34:19.480
<v Speaker 1>The desensitization question that diminished reaction was very concerning, and

507
00:34:19.880 --> 00:34:21.960
<v Speaker 1>you know, I honestly can't blame a lot of parents

508
00:34:22.000 --> 00:34:25.000
<v Speaker 1>and adults are being concerned about it. But the question then,

509
00:34:25.159 --> 00:34:29.639
<v Speaker 1>of course became this does the desensitization toward violent expression

510
00:34:30.079 --> 00:34:34.519
<v Speaker 1>lead to a greater propensity toward violent behavior and There's

511
00:34:34.559 --> 00:34:38.400
<v Speaker 1>a really big problem with that question because of where

512
00:34:38.440 --> 00:34:41.559
<v Speaker 1>it leads us. It leads us to a frequent and

513
00:34:41.760 --> 00:34:45.039
<v Speaker 1>at this point classic chicken and egg paradox in psychology.

514
00:34:45.880 --> 00:34:51.039
<v Speaker 1>Would someone desensitized by violent depictions or rhetoric already be

515
00:34:51.199 --> 00:34:53.880
<v Speaker 1>someone who is more likely to engage in violent behavior

516
00:34:54.239 --> 00:34:57.679
<v Speaker 1>thanks to other from what we have seen statistically more

517
00:34:57.719 --> 00:35:02.960
<v Speaker 1>significant factors, both biological and and environmental. Or did this

518
00:35:03.119 --> 00:35:07.320
<v Speaker 1>violent depiction, this rhetoric and exposure to it quote unquote

519
00:35:07.519 --> 00:35:10.440
<v Speaker 1>pushed the person over the edge. Would they have been

520
00:35:10.559 --> 00:35:15.239
<v Speaker 1>violent without that rhetoric being there? As best I can tell,

521
00:35:15.880 --> 00:35:18.760
<v Speaker 1>and I double check this, in the decade and a

522
00:35:18.800 --> 00:35:22.760
<v Speaker 1>half since I conducted my own research, no further data

523
00:35:23.119 --> 00:35:27.199
<v Speaker 1>has emerged that significantly suggests that exposure to media or

524
00:35:27.320 --> 00:35:31.719
<v Speaker 1>rhetoric can accomplish this pushing over the edge, not on

525
00:35:31.840 --> 00:35:36.400
<v Speaker 1>its own, in fact, thanks to the research that has

526
00:35:36.519 --> 00:35:39.280
<v Speaker 1>been conducted, that because it continues to be looked at

527
00:35:39.360 --> 00:35:44.960
<v Speaker 1>over the years, suggests the opposite the previously cited Huesman

528
00:35:45.000 --> 00:35:48.800
<v Speaker 1>and Aaron write that quote violent scenes seen on television

529
00:35:49.280 --> 00:35:52.519
<v Speaker 1>provide examples that the child can encode unquote and that

530
00:35:52.679 --> 00:35:56.920
<v Speaker 1>children quote rehearse aggressive acts through aggressive fantasy, and these

531
00:35:56.960 --> 00:36:02.159
<v Speaker 1>aggressive acts undoubtedly include the ones viewed on TV. However,

532
00:36:02.480 --> 00:36:05.679
<v Speaker 1>despite this study demonstrating a link between cognitive processes and

533
00:36:05.760 --> 00:36:10.679
<v Speaker 1>violent behavior, it fell well short of demonstrating those cognitive

534
00:36:10.719 --> 00:36:14.960
<v Speaker 1>processes being determined by the exposure to violent media, much

535
00:36:15.039 --> 00:36:21.199
<v Speaker 1>less being persistent across time independent of other factors. According

536
00:36:21.239 --> 00:36:24.239
<v Speaker 1>to a much more recent study almost forty years more

537
00:36:24.440 --> 00:36:27.920
<v Speaker 1>recent than that one by Devili, O'donahue and Brown that

538
00:36:28.000 --> 00:36:31.840
<v Speaker 1>got published in twenty twenty one, anger and aggressive behavior

539
00:36:32.360 --> 00:36:36.679
<v Speaker 1>was much more strongly correlated with personality factors and feelings

540
00:36:36.719 --> 00:36:40.880
<v Speaker 1>of frustration than with exposure to violent media or rhetoric

541
00:36:41.079 --> 00:36:45.159
<v Speaker 1>for that matter. As Devili himself put it in an

542
00:36:45.199 --> 00:36:48.199
<v Speaker 1>interview about these findings in the Griffith University news story

543
00:36:48.280 --> 00:36:51.880
<v Speaker 1>covering the study, quote, we found no difference in both

544
00:36:51.960 --> 00:36:56.280
<v Speaker 1>anger and aggression following exposure to a book, violent video game, television,

545
00:36:56.360 --> 00:36:59.599
<v Speaker 1>and nonviolent video game. What we did find was that

546
00:36:59.679 --> 00:37:03.599
<v Speaker 1>people with high levels of impulsivity, increased emotional reactivity to

547
00:37:03.639 --> 00:37:06.960
<v Speaker 1>the media, and frustration with the content of the media

548
00:37:07.440 --> 00:37:10.159
<v Speaker 1>are more likely to have a higher anger response to

549
00:37:10.239 --> 00:37:14.719
<v Speaker 1>media exposure. These results are in direct opposition to traditional

550
00:37:14.800 --> 00:37:18.400
<v Speaker 1>models of aggression, which suggests a causal link between trials

551
00:37:18.440 --> 00:37:25.840
<v Speaker 1>of violence and aggression risk. This study has essentially found,

552
00:37:27.760 --> 00:37:31.199
<v Speaker 1>or at least suggests, what many other studies have found

553
00:37:31.199 --> 00:37:34.920
<v Speaker 1>over the past several decades, that violent or aggressive media

554
00:37:35.000 --> 00:37:39.679
<v Speaker 1>exposure demonstrates little to no significant connection to the incidents

555
00:37:39.719 --> 00:37:43.719
<v Speaker 1>of violent behavior. What makes this frustrating for a lot

556
00:37:43.760 --> 00:37:46.400
<v Speaker 1>of social scientists, and no doubt some of you listening

557
00:37:46.440 --> 00:37:49.000
<v Speaker 1>to me talk about this right now, is that while

558
00:37:49.039 --> 00:37:52.480
<v Speaker 1>it doesn't demonstrate a positive effect, it doesn't demonstrate a

559
00:37:52.559 --> 00:37:56.559
<v Speaker 1>negative effect either. Believe me, I find that frustrating too,

560
00:37:57.000 --> 00:38:01.400
<v Speaker 1>but that's how psychology often works. To be fair, these

561
00:38:01.519 --> 00:38:05.280
<v Speaker 1>kinds of results to these studies also mean that you

562
00:38:05.360 --> 00:38:09.320
<v Speaker 1>cannot say with any certainty on a scientific basis that

563
00:38:09.480 --> 00:38:13.760
<v Speaker 1>violent media or rhetoric exposure doesn't cause particular behavior to occur.

564
00:38:15.440 --> 00:38:18.800
<v Speaker 1>The real thing, the real, key thing to remember is

565
00:38:18.880 --> 00:38:21.800
<v Speaker 1>that the lack of a positive claim does not therefore

566
00:38:21.920 --> 00:38:25.159
<v Speaker 1>negate the negative claim. That is what trips up a

567
00:38:25.199 --> 00:38:28.440
<v Speaker 1>lot of people, as in, well, there's no evidence that

568
00:38:28.519 --> 00:38:31.320
<v Speaker 1>rhetoric causes violent behavior, but there's no evidence that it doesn't.

569
00:38:31.440 --> 00:38:33.960
<v Speaker 1>If so facto, we might as well assume that it does.

570
00:38:34.199 --> 00:38:37.079
<v Speaker 1>In order to be safe. Better be safe than sorry,

571
00:38:37.199 --> 00:38:41.840
<v Speaker 1>that kind of thinking. But here's the thing. That kind

572
00:38:41.880 --> 00:38:45.719
<v Speaker 1>of response is at the heart of a correlation equals

573
00:38:45.800 --> 00:38:51.679
<v Speaker 1>causation fallacy. Some of my favorite examples of this fallacy

574
00:38:51.719 --> 00:38:54.239
<v Speaker 1>at work can actually be found on Wikipedia on their

575
00:38:54.360 --> 00:38:56.960
<v Speaker 1>entry for this, and while Wikipedia has its problems, this

576
00:38:57.079 --> 00:38:58.800
<v Speaker 1>is a very fun entry, or at least it was

577
00:38:58.920 --> 00:39:01.440
<v Speaker 1>last time I looked at it. Some of these included

578
00:39:01.480 --> 00:39:05.239
<v Speaker 1>the following. One. Young children who sleep with the light

579
00:39:05.400 --> 00:39:09.159
<v Speaker 1>on are much more likely to develop myopia later in life. Therefore,

580
00:39:09.440 --> 00:39:15.039
<v Speaker 1>sleeping with the light on causes myopia. Or two, as

581
00:39:15.119 --> 00:39:19.440
<v Speaker 1>ice cream sales increase the rate of drowning deaths increases sharply,

582
00:39:19.760 --> 00:39:25.880
<v Speaker 1>therefore ice cream consumption causes drowning. Or three, A hypothetical

583
00:39:25.920 --> 00:39:29.639
<v Speaker 1>study shows a relationship between test anxiety scores and shyness

584
00:39:29.639 --> 00:39:33.000
<v Speaker 1>scores with a statistical R value, which is the strength

585
00:39:33.039 --> 00:39:36.920
<v Speaker 1>of correlation of plus point five nine. Therefore, it can

586
00:39:37.000 --> 00:39:41.119
<v Speaker 1>be simply concluded that shyness in some part causally influences

587
00:39:41.159 --> 00:39:46.239
<v Speaker 1>test anxiety. Or what will always be my personal favorite,

588
00:39:47.079 --> 00:39:49.639
<v Speaker 1>the number of films that Nicholas Cage has appeared in

589
00:39:49.760 --> 00:39:52.679
<v Speaker 1>in a given year has a positive relationship with how

590
00:39:52.719 --> 00:39:55.360
<v Speaker 1>many people drowned by falling into swimming pools in that

591
00:39:55.480 --> 00:39:59.400
<v Speaker 1>same year. Therefore, Nicholas Cage film releases cause people to

592
00:39:59.519 --> 00:40:03.800
<v Speaker 1>drown and swimming pools. There are just too many variables

593
00:40:04.079 --> 00:40:07.519
<v Speaker 1>for which we must control when studying the phenomenon of

594
00:40:07.639 --> 00:40:11.440
<v Speaker 1>media or rhetoric consumption to say for certain whether or

595
00:40:11.519 --> 00:40:15.119
<v Speaker 1>not that consumption has a strong enough correlation with violent

596
00:40:15.239 --> 00:40:17.440
<v Speaker 1>behavior for it to be something we have to start

597
00:40:17.519 --> 00:40:22.000
<v Speaker 1>thinking about more seriously. Now, I actually had to stop

598
00:40:22.039 --> 00:40:23.880
<v Speaker 1>and think about this for a little while, and I

599
00:40:24.119 --> 00:40:26.079
<v Speaker 1>was able to break it down in the original essay,

600
00:40:26.119 --> 00:40:27.639
<v Speaker 1>and I want to break it down for you here.

601
00:40:28.760 --> 00:40:30.920
<v Speaker 1>I want to give you a list of what would

602
00:40:30.960 --> 00:40:33.639
<v Speaker 1>need to be controlled in a study that seeks to

603
00:40:33.719 --> 00:40:37.840
<v Speaker 1>determine this this connection between consumption of speech, will just

604
00:40:38.000 --> 00:40:40.719
<v Speaker 1>put it so broadly, or rhetoric or violent media whatever,

605
00:40:41.199 --> 00:40:45.599
<v Speaker 1>and violent behavior, because this would be very difficult to design,

606
00:40:46.119 --> 00:40:49.320
<v Speaker 1>and I might be missing some things, but let me

607
00:40:49.400 --> 00:40:51.400
<v Speaker 1>at least try to give you this list of what

608
00:40:51.440 --> 00:40:54.760
<v Speaker 1>we need to be controlled in an experiment seeking to

609
00:40:54.840 --> 00:40:58.960
<v Speaker 1>determine singular causal effects of this violent media, rhetoric consumption

610
00:40:59.079 --> 00:41:02.480
<v Speaker 1>and violent behavior. We'd have to one, control for the

611
00:41:02.559 --> 00:41:05.920
<v Speaker 1>genetic incidents of behavioral disorders that are positively correlated with

612
00:41:06.000 --> 00:41:11.639
<v Speaker 1>aggressive behavior towards others, such as antisocial personality disorder, psychopathy,

613
00:41:12.039 --> 00:41:16.480
<v Speaker 1>extreme bipolar disorder, and so forth. The second thing we'd

614
00:41:16.519 --> 00:41:19.960
<v Speaker 1>have to control for would be the self perpetuating cognitive

615
00:41:19.960 --> 00:41:24.400
<v Speaker 1>connections between violent behavior and thought patterns. That's already pretty

616
00:41:24.440 --> 00:41:26.960
<v Speaker 1>hard to do too. Then the third thing we would

617
00:41:27.000 --> 00:41:30.480
<v Speaker 1>have to control for is a socioeconomic hardship from when

618
00:41:30.559 --> 00:41:33.239
<v Speaker 1>growing up, because that's also considered to be a factor

619
00:41:33.280 --> 00:41:37.320
<v Speaker 1>when it comes to increased likelihood of violent behavior. The

620
00:41:37.440 --> 00:41:39.519
<v Speaker 1>fourth thing we'd have to control for would be exposure

621
00:41:39.559 --> 00:41:43.360
<v Speaker 1>to violence in the real world, including different kinds of abuse, bullying,

622
00:41:43.519 --> 00:41:46.800
<v Speaker 1>urban violence, and warfare, And in doing that, we would

623
00:41:46.840 --> 00:41:50.000
<v Speaker 1>have to control for that at different ages in order

624
00:41:50.079 --> 00:41:52.639
<v Speaker 1>to look at how impressionable people are at different ages

625
00:41:52.760 --> 00:41:58.719
<v Speaker 1>for these things. The point should be clear when I

626
00:41:58.800 --> 00:42:01.519
<v Speaker 1>list off all these things, unless you can control for

627
00:42:01.599 --> 00:42:05.039
<v Speaker 1>all these things, and like I was essentially saying, other factors,

628
00:42:05.079 --> 00:42:07.760
<v Speaker 1>I'm probably not smart or qualified enough to even think

629
00:42:07.840 --> 00:42:12.400
<v Speaker 1>of while conducting a study of people's propensity towards violence

630
00:42:12.800 --> 00:42:16.119
<v Speaker 1>when exposed to violent media or rhetoric, you cannot, at

631
00:42:16.199 --> 00:42:18.519
<v Speaker 1>least if you're a good or honest researcher that isn't

632
00:42:18.559 --> 00:42:22.800
<v Speaker 1>searching for a particular conclusion, say with any certainty that

633
00:42:23.039 --> 00:42:30.920
<v Speaker 1>rhetoric causes particular behavior to occur, violent or otherwise. However,

634
00:42:32.119 --> 00:42:34.800
<v Speaker 1>there is a deeper reason, at least to me, that,

635
00:42:35.239 --> 00:42:39.480
<v Speaker 1>at least until such evidence appears and is conclusively replicated,

636
00:42:40.480 --> 00:42:43.039
<v Speaker 1>that we should not be ringing our hands over the

637
00:42:43.119 --> 00:42:47.440
<v Speaker 1>effect of rhetoric. The lack of clarity when it comes

638
00:42:47.519 --> 00:42:51.280
<v Speaker 1>to whether or not we can scientifically prove quote unquote

639
00:42:51.599 --> 00:42:55.639
<v Speaker 1>the connection between violent behavior and violent rhetoric. That difficulty

640
00:42:56.239 --> 00:42:59.639
<v Speaker 1>in forming that connection one way or another is difficult enough.

641
00:43:01.760 --> 00:43:05.559
<v Speaker 1>There's a much more, i'll say loose but principal reason

642
00:43:05.920 --> 00:43:09.719
<v Speaker 1>that we have yet to consider, Because even if we

643
00:43:09.920 --> 00:43:15.119
<v Speaker 1>can determine a strong or even somewhat significant causal link,

644
00:43:16.559 --> 00:43:21.920
<v Speaker 1>perhaps we still should not be wringing our hands over

645
00:43:22.000 --> 00:43:22.360
<v Speaker 1>all of this.

646
00:43:23.440 --> 00:43:26.840
<v Speaker 2>Now, the old ladies pockets were a fillid with gold.

647
00:43:27.320 --> 00:43:32.760
<v Speaker 2>But never contented was she? So she ordered her daughter

648
00:43:33.119 --> 00:43:36.800
<v Speaker 2>to pay her a tax of threepence a pound on

649
00:43:37.039 --> 00:43:45.639
<v Speaker 2>the tee, ah threepence a pound on the tee, Oh mother,

650
00:43:46.000 --> 00:43:50.360
<v Speaker 2>dear mother, the daughter replied, I'll not do the thing

651
00:43:50.559 --> 00:43:55.039
<v Speaker 2>that you ask for. I'm willing to pay a fair

652
00:43:55.159 --> 00:44:00.320
<v Speaker 2>price on the tee, but never a threepenny tax, but

653
00:44:01.320 --> 00:44:03.599
<v Speaker 2>never rottree penny tax.

654
00:44:07.360 --> 00:44:13.360
<v Speaker 1>So does rhetoric cause violence? That is the million dollar question?

655
00:44:14.519 --> 00:44:17.639
<v Speaker 1>Or perhaps should we be treating the expression of rhetoric

656
00:44:17.840 --> 00:44:24.480
<v Speaker 1>violent or otherwise as something that can meaningfully affect behavior? Now,

657
00:44:24.719 --> 00:44:28.400
<v Speaker 1>despite the psychological evidence as I've presented it, at least,

658
00:44:28.440 --> 00:44:32.480
<v Speaker 1>and from what I've found and read appearing pretty damning

659
00:44:32.519 --> 00:44:35.199
<v Speaker 1>against the idea that there is such a meaningful influence,

660
00:44:36.320 --> 00:44:38.199
<v Speaker 1>it's still not as clear as I would like it

661
00:44:38.320 --> 00:44:42.599
<v Speaker 1>to be in order for me to say definitively, at

662
00:44:42.719 --> 00:44:48.039
<v Speaker 1>least no on the basis of human psychology alone. There's

663
00:44:48.159 --> 00:44:51.679
<v Speaker 1>just too many unknowns. Like I said, it's actually more

664
00:44:51.719 --> 00:44:54.880
<v Speaker 1>impossible to say one way or the other on the

665
00:44:54.960 --> 00:44:59.599
<v Speaker 1>question of does rhetoric cause violence or does speech cause violence?

666
00:44:59.639 --> 00:45:02.920
<v Speaker 1>More oddly, in a psychological sense, the evidence does not

667
00:45:03.079 --> 00:45:06.039
<v Speaker 1>go one way or the other, which means I will

668
00:45:06.119 --> 00:45:09.519
<v Speaker 1>dispute anybody who says yes, but I will not on

669
00:45:09.679 --> 00:45:13.159
<v Speaker 1>that basis simply say no. I think there is a

670
00:45:13.280 --> 00:45:17.840
<v Speaker 1>deeper reason why we should say no. However, and that

671
00:45:18.159 --> 00:45:21.239
<v Speaker 1>is what I want to get into here. What I'm

672
00:45:21.239 --> 00:45:24.960
<v Speaker 1>talking about is the practical answer from an American perspective,

673
00:45:25.000 --> 00:45:31.280
<v Speaker 1>particularly the practical answer of does rhetoric cause violence? Should

674
00:45:31.400 --> 00:45:37.679
<v Speaker 1>be no, A definitive, outright, flat out no. We can

675
00:45:37.760 --> 00:45:40.440
<v Speaker 1>base it both on this lack of compelling evidence from

676
00:45:40.519 --> 00:45:45.440
<v Speaker 1>the psychological literature, but it's more compelling to make this

677
00:45:46.119 --> 00:45:49.039
<v Speaker 1>an outright, flat out no on the basis of the

678
00:45:49.199 --> 00:45:53.760
<v Speaker 1>profound legal history in the United States on the subject

679
00:45:53.800 --> 00:45:59.599
<v Speaker 1>of speech protection. The practical implications of claiming that rhetoric

680
00:46:00.480 --> 00:46:04.000
<v Speaker 1>speech is what causes violent action are or should be

681
00:46:04.159 --> 00:46:07.599
<v Speaker 1>pretty simple. This is because even if the causal link

682
00:46:07.639 --> 00:46:11.599
<v Speaker 1>between rhetoric and violence wasn't extremely tenuous already, there is

683
00:46:11.639 --> 00:46:15.119
<v Speaker 1>a profound legal and even moral perversion at work if

684
00:46:15.159 --> 00:46:19.800
<v Speaker 1>we acted as if rhetoric definitively caused violent behavior to occur.

685
00:46:21.760 --> 00:46:26.880
<v Speaker 1>And frankly, I don't think anyone understands as better than

686
00:46:27.559 --> 00:46:30.400
<v Speaker 1>the head of the Foundation for Individual Rights and Expression

687
00:46:31.000 --> 00:46:34.360
<v Speaker 1>as well as co author of the excellent classic. I

688
00:46:34.360 --> 00:46:37.199
<v Speaker 1>would even say the Coddling of the American Mind and

689
00:46:37.320 --> 00:46:41.639
<v Speaker 1>its semi sequel, The Canceling of the American Mind, Greg Lukianov.

690
00:46:43.639 --> 00:46:46.360
<v Speaker 1>Now I need to make a quick admission for the

691
00:46:46.440 --> 00:46:48.880
<v Speaker 1>sake of transparency that I made in the original essay

692
00:46:48.960 --> 00:46:52.719
<v Speaker 1>this is based on Frankly, as far as I'm concerned,

693
00:46:52.880 --> 00:46:55.719
<v Speaker 1>Greg is a true mench for one reason alone. On

694
00:46:55.840 --> 00:46:59.280
<v Speaker 1>top of his tireless amazing work for the protection of

695
00:46:59.320 --> 00:47:02.840
<v Speaker 1>free speech in this country, but he's also been recommending

696
00:47:03.440 --> 00:47:07.440
<v Speaker 1>the history Impossible substack for over a year at this point,

697
00:47:07.519 --> 00:47:10.159
<v Speaker 1>two years or so, and this recommendation that he's been

698
00:47:10.440 --> 00:47:14.159
<v Speaker 1>giving is significantly responsible for the rapid growth that I've

699
00:47:14.239 --> 00:47:17.679
<v Speaker 1>been seeing over there. But more importantly, I see Greg

700
00:47:17.719 --> 00:47:20.360
<v Speaker 1>as a true point man for defending free expression in

701
00:47:20.400 --> 00:47:22.639
<v Speaker 1>the US from a legal perspective, like I was saying,

702
00:47:23.159 --> 00:47:26.039
<v Speaker 1>especially given the sorry state in which the ACLU has

703
00:47:26.079 --> 00:47:29.159
<v Speaker 1>found itself over the past decade or so. Now, I

704
00:47:29.199 --> 00:47:31.880
<v Speaker 1>have no idea how he found my substack. Someone must

705
00:47:31.920 --> 00:47:33.599
<v Speaker 1>have recommended it to him, or maybe he just came

706
00:47:33.639 --> 00:47:37.280
<v Speaker 1>across at browsing, but I am very thankful for the

707
00:47:37.360 --> 00:47:40.280
<v Speaker 1>work that he does and for of course the recommendations

708
00:47:40.320 --> 00:47:42.440
<v Speaker 1>that he gives. So with that out of the way,

709
00:47:43.159 --> 00:47:47.679
<v Speaker 1>Greg has been providing incredible commentary on this subject for years.

710
00:47:48.719 --> 00:47:51.400
<v Speaker 1>In an excellent post that he wrote over on his

711
00:47:51.559 --> 00:47:55.079
<v Speaker 1>substack called the Eternally Radical Idea that he wrote back

712
00:47:55.119 --> 00:47:58.360
<v Speaker 1>in July of twenty twenty four, titled why the words

713
00:47:58.400 --> 00:48:01.719
<v Speaker 1>our violence argument needs to die, he discussed this very

714
00:48:01.760 --> 00:48:05.159
<v Speaker 1>subject that we're talking about. Greg made it very clear

715
00:48:05.199 --> 00:48:09.559
<v Speaker 1>in this essay that this argument of speech constituting violence

716
00:48:09.880 --> 00:48:14.639
<v Speaker 1>does indeed need to die. As he explains, quote, anyone

717
00:48:14.679 --> 00:48:18.360
<v Speaker 1>who equates speech and violence has likely never been punched

718
00:48:18.400 --> 00:48:22.280
<v Speaker 1>in the face unquote. And that quote equating a barbed

719
00:48:22.360 --> 00:48:25.719
<v Speaker 1>tongue with a barbed spear not only betrays a lack

720
00:48:25.760 --> 00:48:29.320
<v Speaker 1>of understanding of genuine violence, but also the way words,

721
00:48:29.440 --> 00:48:33.239
<v Speaker 1>even harsh ones, have served as both an alternative and

722
00:48:34.039 --> 00:48:39.719
<v Speaker 1>a solution to violence unquote. This is the core moral

723
00:48:39.840 --> 00:48:43.119
<v Speaker 1>issue with claiming that rhetoric causes violence, because it is

724
00:48:43.239 --> 00:48:47.880
<v Speaker 1>in effect saying that rhetoric is violence and thus should

725
00:48:47.920 --> 00:48:51.079
<v Speaker 1>be subject to legal punishment akin to the punishment of

726
00:48:51.199 --> 00:48:56.519
<v Speaker 1>actual that is, physical violence. And if that is the case,

727
00:48:56.840 --> 00:49:00.719
<v Speaker 1>well then we know who is really rep for the

728
00:49:00.760 --> 00:49:05.760
<v Speaker 1>attempted assassination on former President Trump, or perhaps more controversially

729
00:49:06.199 --> 00:49:09.719
<v Speaker 1>than we know who is really responsible for the chaos

730
00:49:09.800 --> 00:49:14.000
<v Speaker 1>that occurred on January sixth, twenty twenty one, or most

731
00:49:14.079 --> 00:49:18.119
<v Speaker 1>relevantly in terms of when it happened, then we know

732
00:49:18.760 --> 00:49:25.159
<v Speaker 1>who is really responsible for the brutal killing of Charlie Kirk. Now,

733
00:49:25.280 --> 00:49:29.079
<v Speaker 1>as we've already covered, these kinds of claims simply do

734
00:49:29.280 --> 00:49:33.199
<v Speaker 1>not hold much water when it comes to human psychology. Again,

735
00:49:33.239 --> 00:49:35.599
<v Speaker 1>they don't hold water very much in the other direction either,

736
00:49:35.760 --> 00:49:38.440
<v Speaker 1>but they don't hold water in the positive direction, and

737
00:49:38.519 --> 00:49:44.000
<v Speaker 1>that is what matters here. But more importantly, they hold

738
00:49:44.840 --> 00:49:47.960
<v Speaker 1>very little to no water when it comes to what

739
00:49:48.159 --> 00:49:52.480
<v Speaker 1>I consider to be the long and extremely vital to

740
00:49:52.719 --> 00:49:56.840
<v Speaker 1>understand history of free speech protections in the United States

741
00:49:56.920 --> 00:50:01.559
<v Speaker 1>legal system. Well, Greg is the real expert on such

742
00:50:01.599 --> 00:50:04.800
<v Speaker 1>a subject, and he does great work summarizing some examples

743
00:50:04.880 --> 00:50:08.199
<v Speaker 1>in his article that I referenced earlier. I need an

744
00:50:08.239 --> 00:50:12.400
<v Speaker 1>excuse to make this long very obviously in many ways

745
00:50:12.679 --> 00:50:16.440
<v Speaker 1>political ramble of mine, that is, making an appearance on

746
00:50:16.800 --> 00:50:20.639
<v Speaker 1>a historical podcast into something a little more about history.

747
00:50:21.199 --> 00:50:23.800
<v Speaker 1>So I think it would only be fair to apply

748
00:50:23.960 --> 00:50:26.960
<v Speaker 1>some historical analysis of the free speech debate in the

749
00:50:27.079 --> 00:50:30.519
<v Speaker 1>United States to demonstrate why I believe, at least arguing

750
00:50:31.119 --> 00:50:35.280
<v Speaker 1>for rhetorical responsibility for violent behavior. Again, already shown to

751
00:50:35.360 --> 00:50:38.840
<v Speaker 1>be dubious at best, simply does not pass muster for

752
00:50:39.079 --> 00:50:43.840
<v Speaker 1>anyone who values free expression at least. Again, this is

753
00:50:43.920 --> 00:50:46.360
<v Speaker 1>more of a practical argument as I see it, and

754
00:50:46.519 --> 00:50:49.519
<v Speaker 1>hopefully my use of historical examples will help with that.

755
00:50:51.199 --> 00:50:54.599
<v Speaker 1>In Greg's article, he mentions a couple of vital cases

756
00:50:54.679 --> 00:50:57.800
<v Speaker 1>in the history of free speech rulings, including the infamous

757
00:50:57.880 --> 00:51:01.440
<v Speaker 1>Wants via the United States nineteen sixty nine and Walter H.

758
00:51:01.559 --> 00:51:06.519
<v Speaker 1>Rankin etc. At Al. Petitioners v. Ardith Macpherson nineteen eighty seven,

759
00:51:07.199 --> 00:51:11.320
<v Speaker 1>both of which involved inflammatory speech against the President Johnson

760
00:51:11.360 --> 00:51:15.960
<v Speaker 1>and Reagan, respectively. These cases demonstrated that, at least by

761
00:51:16.039 --> 00:51:20.719
<v Speaker 1>nineteen sixty nine, our freedom to say extremely inflammatory things

762
00:51:21.239 --> 00:51:23.000
<v Speaker 1>such as the watts of wats to be the United

763
00:51:23.039 --> 00:51:26.239
<v Speaker 1>States proclaiming quote, if they ever make me carry a rifle,

764
00:51:26.519 --> 00:51:28.079
<v Speaker 1>the first man I want to get in my sight

765
00:51:28.159 --> 00:51:34.400
<v Speaker 1>as lbj unquote, was actually quite robust. Yes, these cases

766
00:51:35.039 --> 00:51:37.599
<v Speaker 1>went to the Supreme Court, but they both worked out

767
00:51:37.639 --> 00:51:42.800
<v Speaker 1>in favor of the defendants thanks to their First Amendment rights. However,

768
00:51:43.559 --> 00:51:47.679
<v Speaker 1>things were not always this certain. The road to what

769
00:51:47.880 --> 00:51:51.559
<v Speaker 1>I for a long time have called the post Brandenburg world,

770
00:51:51.800 --> 00:51:54.920
<v Speaker 1>referring to a famous case to which will return has

771
00:51:55.000 --> 00:51:58.199
<v Speaker 1>had many twists and turns that many have not and

772
00:51:58.360 --> 00:52:01.199
<v Speaker 1>still do not fully appreciate. And I include myself a

773
00:52:01.320 --> 00:52:04.079
<v Speaker 1>legal layman in that I have an awareness of the

774
00:52:04.119 --> 00:52:07.280
<v Speaker 1>Brandenburg case and of free speech protections and an appreciation

775
00:52:07.440 --> 00:52:09.760
<v Speaker 1>of them. But I'm still a layman. Let's just keep

776
00:52:09.800 --> 00:52:12.000
<v Speaker 1>this in mind as we move forward. I'm just reporting

777
00:52:12.079 --> 00:52:16.000
<v Speaker 1>what I have read here and as I understand it now.

778
00:52:16.079 --> 00:52:18.760
<v Speaker 1>There are many incredible books that cover all these twists

779
00:52:18.800 --> 00:52:22.480
<v Speaker 1>and turns, both broad and specific. But the one that

780
00:52:22.559 --> 00:52:25.800
<v Speaker 1>has helped me most in coming to understand this journey

781
00:52:25.840 --> 00:52:29.239
<v Speaker 1>through the American court system of the concept of free

782
00:52:29.280 --> 00:52:33.400
<v Speaker 1>speech is actually a book from nineteen ninety eight, and

783
00:52:33.559 --> 00:52:37.760
<v Speaker 1>it's a magnum opus regarding the idea of speech protection,

784
00:52:37.960 --> 00:52:42.199
<v Speaker 1>especially in the academic context, called The Shadow University, The

785
00:52:42.280 --> 00:52:46.119
<v Speaker 1>Betrayal of Liberty on America's Campuses, by Alan Charles Corers

786
00:52:46.159 --> 00:52:49.199
<v Speaker 1>and Harvey A. Silverglade, the co founders of the Foundation

787
00:52:49.280 --> 00:52:53.320
<v Speaker 1>for Individual Rights and Expression back then education instead of expression,

788
00:52:53.760 --> 00:52:57.440
<v Speaker 1>and one of them serving as Greg Lukianov's mentor. The

789
00:52:57.559 --> 00:53:01.239
<v Speaker 1>course in Silverglade's history is comp prehensive and vital in

790
00:53:01.360 --> 00:53:04.079
<v Speaker 1>my opinion for understanding the journey free speech is taken

791
00:53:04.119 --> 00:53:07.960
<v Speaker 1>in the United States, they cover it all, especially most

792
00:53:08.199 --> 00:53:14.199
<v Speaker 1>importantly in the twentieth century. To begin, Coors and Silverglade

793
00:53:14.239 --> 00:53:17.920
<v Speaker 1>describe Gitlo v. New York nineteen twenty five, in which

794
00:53:17.960 --> 00:53:20.920
<v Speaker 1>Benjamin Guitlow, one of the founders of the Communist Party

795
00:53:21.079 --> 00:53:25.079
<v Speaker 1>USA and future anti communist crusader. As it happens, thanks

796
00:53:25.119 --> 00:53:28.320
<v Speaker 1>to like many similar to him, at that time, newfound

797
00:53:28.360 --> 00:53:31.880
<v Speaker 1>post Stalinist disillusionment and horror as the crimes of that

798
00:53:31.960 --> 00:53:35.039
<v Speaker 1>regime became clearer and clearer and less possible to deny.

799
00:53:36.760 --> 00:53:40.559
<v Speaker 1>But back in the twenties, Gitlow was convicted for spreading

800
00:53:40.679 --> 00:53:44.480
<v Speaker 1>pro revolution pamphlets in the United States, which was ultimately

801
00:53:44.599 --> 00:53:48.960
<v Speaker 1>upheld by the Supreme Court. Now, this upholding of that

802
00:53:49.079 --> 00:53:52.400
<v Speaker 1>conviction might seem like an obvious loss, and indeed Coors

803
00:53:52.440 --> 00:53:55.719
<v Speaker 1>and Silverglade explain that this first major victory of the

804
00:53:55.800 --> 00:53:59.440
<v Speaker 1>ACLU in nineteen twenty five as being quote unquote pyrhic.

805
00:53:59.639 --> 00:54:03.440
<v Speaker 1>But the ruling incorporated the Fourteenth Amendment by arguing that

806
00:54:03.559 --> 00:54:07.480
<v Speaker 1>its provisions of due process also applied to local state

807
00:54:07.559 --> 00:54:12.360
<v Speaker 1>authority as well as federal authority. As cores in Silverglade

808
00:54:12.360 --> 00:54:16.840
<v Speaker 1>summarize quote. Despite Gittlow's loss, the incorporation of First Amendment

809
00:54:16.920 --> 00:54:21.039
<v Speaker 1>rights into Fourteenth Amendment due process proved vital to the

810
00:54:21.119 --> 00:54:27.360
<v Speaker 1>development of free speech jurisprudence. This standard would be solidified

811
00:54:27.440 --> 00:54:29.760
<v Speaker 1>just over a decade later with Haig v. Committee for

812
00:54:29.800 --> 00:54:33.719
<v Speaker 1>Industrial Organization nineteen thirty nine, in which the ACLU was

813
00:54:33.760 --> 00:54:37.039
<v Speaker 1>able to challenge an anti organizational ordinance passed in New

814
00:54:37.159 --> 00:54:41.559
<v Speaker 1>Jersey against a CIO or the CIO of the AFL

815
00:54:41.719 --> 00:54:44.039
<v Speaker 1>CIO mega union that we all know and love today,

816
00:54:45.360 --> 00:54:49.880
<v Speaker 1>and this ordinance prohibited them from distributing leaflets and organizing meetings,

817
00:54:50.079 --> 00:54:53.400
<v Speaker 1>so it was seen as unconstitutional with regards to the

818
00:54:53.480 --> 00:54:57.639
<v Speaker 1>First Amendment, but also the Fourteenth Amendment, which the ACLU

819
00:54:57.800 --> 00:55:02.000
<v Speaker 1>did see as a violation of this CIO's constitutional rights.

820
00:55:03.360 --> 00:55:06.760
<v Speaker 1>As Cores in Silverglade explain, this secured the quote unquote

821
00:55:06.800 --> 00:55:10.719
<v Speaker 1>public forum doctrine of free speech protections thanks to Justice

822
00:55:10.800 --> 00:55:14.039
<v Speaker 1>Owen Roberts quote, holding that the parks and streets where

823
00:55:14.039 --> 00:55:17.280
<v Speaker 1>the CIO and others were speaking were held in trust

824
00:55:17.760 --> 00:55:20.519
<v Speaker 1>for the public as a forum in which to exercise

825
00:55:20.599 --> 00:55:23.760
<v Speaker 1>the rights of speech. Local governments no longer could restrict

826
00:55:23.800 --> 00:55:26.519
<v Speaker 1>speech because they controlled the land upon which the speaker

827
00:55:26.559 --> 00:55:31.760
<v Speaker 1>stood unquote. So if you've ever heard someone say I

828
00:55:31.960 --> 00:55:34.679
<v Speaker 1>pay taxes as a way to defend their right to

829
00:55:34.719 --> 00:55:39.000
<v Speaker 1>say vile things on publicly owned land, they may be obnoxious,

830
00:55:39.199 --> 00:55:46.639
<v Speaker 1>but they are absolutely and more importantly, legally correct. Cores

831
00:55:46.679 --> 00:55:49.400
<v Speaker 1>and Silverglade also devote a lot of space in their

832
00:55:49.480 --> 00:55:53.119
<v Speaker 1>book to explaining how the litigious pursuit of loopholes in

833
00:55:53.239 --> 00:55:57.480
<v Speaker 1>these free speech protections actually helped fuel plenty of cases

834
00:55:57.679 --> 00:56:00.960
<v Speaker 1>that helped create the incredible free speech protections that we

835
00:56:01.159 --> 00:56:04.280
<v Speaker 1>enjoy today in the third decade of the twenty first century.

836
00:56:05.800 --> 00:56:09.400
<v Speaker 1>As they write, quote, the history of First Amendment jurisprudence

837
00:56:09.480 --> 00:56:12.000
<v Speaker 1>has been written by the efforts of those who have

838
00:56:12.159 --> 00:56:14.960
<v Speaker 1>sought to whittle away free speech rights by positing one

839
00:56:15.039 --> 00:56:19.760
<v Speaker 1>exception after another, and by those who have resisted unquote.

840
00:56:22.000 --> 00:56:25.920
<v Speaker 1>This has resulted in the Supreme Court consistently hearing four

841
00:56:26.000 --> 00:56:29.280
<v Speaker 1>special types of cases against what we consider free speech

842
00:56:29.320 --> 00:56:33.719
<v Speaker 1>in the United States. Two of these exceptions, namely those

843
00:56:33.920 --> 00:56:38.239
<v Speaker 1>of obscenity and threats to quote unquote national security, are

844
00:56:38.320 --> 00:56:42.280
<v Speaker 1>actually less relevant to what we're talking about in this episode,

845
00:56:42.960 --> 00:56:45.719
<v Speaker 1>and they'll likely open up enough cans of worms on

846
00:56:45.760 --> 00:56:48.719
<v Speaker 1>their own, So we will just leave those be for now.

847
00:56:48.800 --> 00:56:53.519
<v Speaker 1>At least. The exceptions that matter most to the question

848
00:56:53.679 --> 00:56:57.039
<v Speaker 1>of whether rhetorican behavior violent behavior in this case are

849
00:56:57.039 --> 00:57:00.679
<v Speaker 1>connected are in cores and silver glades words quote speech

850
00:57:00.760 --> 00:57:03.920
<v Speaker 1>posing a clear and present danger of imminent violence or

851
00:57:04.000 --> 00:57:08.519
<v Speaker 1>lawlessness end quote, so called fighting words that would provoke

852
00:57:08.639 --> 00:57:11.480
<v Speaker 1>a reasonable person to an imminent violent response.

853
00:57:12.159 --> 00:57:12.480
<v Speaker 5>Quote.

854
00:57:14.079 --> 00:57:18.000
<v Speaker 1>The clear and present danger exception actually first arose before

855
00:57:18.039 --> 00:57:20.760
<v Speaker 1>any of the cases we've already mentioned, in the infamous

856
00:57:20.800 --> 00:57:24.480
<v Speaker 1>Shank v. United States in nineteen nineteen, in which Justice

857
00:57:24.519 --> 00:57:27.880
<v Speaker 1>Oliver Wendell Holmes claimed that First Amendment protections were a

858
00:57:28.000 --> 00:57:32.119
<v Speaker 1>moot point when words were quote used in such circumstances

859
00:57:32.519 --> 00:57:34.880
<v Speaker 1>and are of such a nature as to create a

860
00:57:35.039 --> 00:57:37.760
<v Speaker 1>clear and present danger that they will bring about the

861
00:57:37.880 --> 00:57:41.360
<v Speaker 1>substantive evils that Congress has a right to prevent unquote.

862
00:57:43.280 --> 00:57:46.360
<v Speaker 1>The part of Holmes's opinion that most of us are

863
00:57:46.519 --> 00:57:51.159
<v Speaker 1>familiar with, very familiar with, is his proclamation that quote,

864
00:57:51.440 --> 00:57:54.760
<v Speaker 1>the most stringent protection of free speech would not protect

865
00:57:54.800 --> 00:57:58.079
<v Speaker 1>a man in falsely shouting fire in a theater and

866
00:57:58.239 --> 00:58:03.719
<v Speaker 1>causing a panic. Unquote. Now, this standard of you can't

867
00:58:03.760 --> 00:58:06.559
<v Speaker 1>shout fire in a crowded theater, something people still repeat

868
00:58:06.559 --> 00:58:10.840
<v Speaker 1>to this day erroneously, I should add, was actually kept

869
00:58:10.880 --> 00:58:14.599
<v Speaker 1>in place legally speaking, for a half century until the

870
00:58:14.639 --> 00:58:18.480
<v Speaker 1>most famous free speech case of the twentieth century, Brandenburg vi.

871
00:58:18.639 --> 00:58:23.719
<v Speaker 1>Ohio nineteen sixty nine, began the process of putting limits

872
00:58:23.880 --> 00:58:27.280
<v Speaker 1>on these attempts at limiting free speech on the grounds

873
00:58:27.280 --> 00:58:32.519
<v Speaker 1>of quote unquote clear and present danger standards. There is

874
00:58:32.599 --> 00:58:36.039
<v Speaker 1>a reason that the Brandenburg case is considered such a

875
00:58:36.159 --> 00:58:40.000
<v Speaker 1>landmark in the expansion and protection of Americans' freedom of speech,

876
00:58:40.360 --> 00:58:43.079
<v Speaker 1>and a reason that I still sometimes use the term

877
00:58:43.199 --> 00:58:46.400
<v Speaker 1>post Brandenburg world, even though I've come to think that

878
00:58:46.960 --> 00:58:51.000
<v Speaker 1>more credit is due to subsequent cases as well. The

879
00:58:51.119 --> 00:58:54.599
<v Speaker 1>reason why this case is considered such a landmark is

880
00:58:54.679 --> 00:58:58.239
<v Speaker 1>that it began the process of whittling away anti speech

881
00:58:58.360 --> 00:59:02.519
<v Speaker 1>activists' ability to go after their targets for their advocacy

882
00:59:03.039 --> 00:59:06.840
<v Speaker 1>of distasteful ideas, for fear of quote unquote incitement. And

883
00:59:07.119 --> 00:59:12.679
<v Speaker 1>there's that word again, guys, incitement. Now, obviously, people have

884
00:59:12.920 --> 00:59:16.639
<v Speaker 1>continued to claim that unseemly speech will quote unquote incite

885
00:59:16.719 --> 00:59:20.480
<v Speaker 1>others into action all the way until twenty twenty five.

886
00:59:20.559 --> 00:59:23.239
<v Speaker 1>As we have talked about, and they will likely to

887
00:59:23.280 --> 00:59:26.559
<v Speaker 1>continue to do so well into the future because ironically,

888
00:59:26.679 --> 00:59:28.920
<v Speaker 1>perhaps it is their free speech right to do so.

889
00:59:29.840 --> 00:59:34.719
<v Speaker 1>But the outcome of Brandenburg v. Ohio began a process

890
00:59:35.000 --> 00:59:39.119
<v Speaker 1>of strengthening the standards required for such legal outcomes to occur.

891
00:59:40.360 --> 00:59:44.079
<v Speaker 1>And there are likely people who, when they hear the

892
00:59:44.239 --> 00:59:48.000
<v Speaker 1>things that the Brandenburg, the man himself of this case

893
00:59:48.320 --> 00:59:52.480
<v Speaker 1>was sane, would like to see him not perhaps just

894
00:59:52.559 --> 00:59:56.400
<v Speaker 1>thrown in jail, but maybe even strung up on a lamppost.

895
00:59:57.960 --> 01:00:01.840
<v Speaker 1>Clarence Brandenburg was a leader of a ku Klux Klan

896
01:00:02.000 --> 01:00:06.280
<v Speaker 1>chapter in rural Ohio in the nineteen sixties. He had

897
01:00:06.360 --> 01:00:10.239
<v Speaker 1>organized a rally in Hamilton County and invited a Cincinnati

898
01:00:10.320 --> 01:00:14.840
<v Speaker 1>reporter to come cover the proceedings he was showing off.

899
01:00:14.920 --> 01:00:17.800
<v Speaker 1>In other words, he wanted the world to see what

900
01:00:18.000 --> 01:00:20.440
<v Speaker 1>he had to say. He wanted the world to know

901
01:00:20.880 --> 01:00:24.559
<v Speaker 1>what he and his organization stood for. During the rally,

902
01:00:24.880 --> 01:00:31.079
<v Speaker 1>captured on two separate films, Brandenburg proclaimed the following quote, Personally,

903
01:00:31.480 --> 01:00:33.880
<v Speaker 1>I believe the Niggers should be returned to Africa, the

904
01:00:34.000 --> 01:00:36.880
<v Speaker 1>jew to Israel unquote, and that quote, we are not

905
01:00:37.000 --> 01:00:40.119
<v Speaker 1>a revenge in organization, but if our President, our Congress,

906
01:00:40.239 --> 01:00:43.320
<v Speaker 1>our Supreme Court continues to suppress the white Caucasian race.

907
01:00:43.840 --> 01:00:45.760
<v Speaker 1>It is possible that there might have to be some

908
01:00:45.920 --> 01:00:51.400
<v Speaker 1>revengeance taken unquote, thanks to the, to say the least

909
01:00:52.079 --> 01:00:56.840
<v Speaker 1>inflammatory remarks made by Brandenburg, he was arrested and charged

910
01:00:57.239 --> 01:01:01.559
<v Speaker 1>under the Ohio Criminal Syndicalism Law, in which quote crime sabotage,

911
01:01:01.719 --> 01:01:04.440
<v Speaker 1>violence or unlawful methods of terrorism as a means of

912
01:01:04.440 --> 01:01:09.960
<v Speaker 1>accomplishing industrial or political reform, and dissembling quote with any society, group,

913
01:01:10.079 --> 01:01:13.400
<v Speaker 1>or assemblage of persons formed a teacher advocate the doctrines

914
01:01:13.440 --> 01:01:20.000
<v Speaker 1>of criminal syndicalism quote was deemed illegal. This case, when

915
01:01:20.039 --> 01:01:23.599
<v Speaker 1>it appeared in front of the Supreme Court, was eventually overturned,

916
01:01:24.920 --> 01:01:28.840
<v Speaker 1>the reason being it was clear to the justices that

917
01:01:28.920 --> 01:01:33.360
<v Speaker 1>the remarks made by Brandenburg merely advocated for the objectively

918
01:01:33.559 --> 01:01:37.920
<v Speaker 1>racist policies and violent action that were described in his comments,

919
01:01:38.400 --> 01:01:41.920
<v Speaker 1>but not in any set time or place, or against

920
01:01:41.960 --> 01:01:46.639
<v Speaker 1>any particular person. This was where the more modern standard

921
01:01:46.719 --> 01:01:50.239
<v Speaker 1>of the quote unquote imminent lawless action test came into being,

922
01:01:50.719 --> 01:01:52.920
<v Speaker 1>which made the notion of quote unquote clear and present

923
01:01:53.039 --> 01:01:58.880
<v Speaker 1>danger far stricter as far as standards went, In other words,

924
01:01:59.239 --> 01:02:02.840
<v Speaker 1>unless Clarence Brandenburg had been holding his rally on say

925
01:02:03.039 --> 01:02:06.719
<v Speaker 1>A Street in Cincinnati and directed the KKK members at

926
01:02:06.800 --> 01:02:09.760
<v Speaker 1>his rally to go attack a random passer by who

927
01:02:09.800 --> 01:02:15.679
<v Speaker 1>happened to be black, his invective was indeed protected. It

928
01:02:15.760 --> 01:02:17.559
<v Speaker 1>should be noted by the way that this kind of

929
01:02:17.639 --> 01:02:21.559
<v Speaker 1>specificity has been plaguing the debate surrounding President Trump's role

930
01:02:21.639 --> 01:02:24.119
<v Speaker 1>in the violence of January sixth, twenty twenty one. But

931
01:02:24.320 --> 01:02:27.519
<v Speaker 1>as best I can tell, there still is no consensus.

932
01:02:28.519 --> 01:02:30.840
<v Speaker 1>I've already stated my own opinion on such claims as

933
01:02:30.880 --> 01:02:34.119
<v Speaker 1>they relate to the psychological aspect of this thing we're

934
01:02:34.159 --> 01:02:37.400
<v Speaker 1>talking about here, but legally speaking, it appears to still

935
01:02:37.480 --> 01:02:40.440
<v Speaker 1>be in a bit of a gray area the incitement claim,

936
01:02:40.480 --> 01:02:45.719
<v Speaker 1>at least anyway. This new standard was applied only four

937
01:02:45.800 --> 01:02:49.199
<v Speaker 1>years later in Hesvi, Indiana in nineteen seventy three, and

938
01:02:49.320 --> 01:02:53.440
<v Speaker 1>it reaffirmed and clarified the imminent lawless action test established

939
01:02:53.440 --> 01:02:57.519
<v Speaker 1>by Brandenburg. Ever since then, the standard has continued to

940
01:02:57.599 --> 01:03:00.960
<v Speaker 1>be used and continues to be strengthened, to the point that,

941
01:03:01.239 --> 01:03:05.320
<v Speaker 1>as Cores and Silverglade put it, quote, mere advocacy ceased

942
01:03:05.400 --> 01:03:10.840
<v Speaker 1>being the repeated target of censors. Quote, however, would be

943
01:03:11.000 --> 01:03:15.239
<v Speaker 1>censors had another exception that, despite seeming less well known

944
01:03:15.639 --> 01:03:18.119
<v Speaker 1>than the notion of shouting fire in a crowded theater

945
01:03:18.400 --> 01:03:20.480
<v Speaker 1>in the sense that it doesn't seem to be referenced

946
01:03:20.480 --> 01:03:23.960
<v Speaker 1>as often, has become even more common as a weapon

947
01:03:24.840 --> 01:03:26.880
<v Speaker 1>being used against free speech in a courtroom.

948
01:03:28.039 --> 01:03:28.760
<v Speaker 5>That is, the.

949
01:03:28.920 --> 01:03:33.280
<v Speaker 1>Supposed exception of fighting words, which Cores and Silverglade explain

950
01:03:33.440 --> 01:03:37.159
<v Speaker 1>is quote a doctrine honored and constitutional law more in

951
01:03:37.320 --> 01:03:38.599
<v Speaker 1>theory than in practice.

952
01:03:39.239 --> 01:03:39.559
<v Speaker 2>Quote.

953
01:03:41.880 --> 01:03:44.840
<v Speaker 1>It began with a case that, by today's standards, seems

954
01:03:44.840 --> 01:03:47.840
<v Speaker 1>pretty open and shut, in which a man named Walter

955
01:03:47.920 --> 01:03:52.480
<v Speaker 1>Chaplinsky was arrested after getting a crowd in Rochester, New Hampshire,

956
01:03:52.760 --> 01:03:56.840
<v Speaker 1>riled up when shouting from a street corner. He proclaimed

957
01:03:56.880 --> 01:04:00.400
<v Speaker 1>that conventional forms of religion, as opposed to his Jhovah's

958
01:04:00.400 --> 01:04:04.760
<v Speaker 1>witness faith, was quote unquote a racket. After he was

959
01:04:04.880 --> 01:04:07.599
<v Speaker 1>escorted away by a police officer for his own safety,

960
01:04:08.199 --> 01:04:11.800
<v Speaker 1>he railed against the City Marshal of Rochester, calling him

961
01:04:11.800 --> 01:04:16.159
<v Speaker 1>a quote unquote goddamn racketeer and a quote unquote damned fascist,

962
01:04:16.599 --> 01:04:18.760
<v Speaker 1>and that the local government was made up of quote

963
01:04:19.000 --> 01:04:23.320
<v Speaker 1>fascists or agents of fascists unquote. Seen as this was

964
01:04:23.400 --> 01:04:25.800
<v Speaker 1>nineteen forty this charge meant a lot more back then

965
01:04:25.880 --> 01:04:30.280
<v Speaker 1>than it does today. I should note from there, Chaplinsky

966
01:04:30.440 --> 01:04:33.639
<v Speaker 1>was arrested and charged for violating a law that prevented

967
01:04:33.719 --> 01:04:37.599
<v Speaker 1>him from saying quote any offensive, derisive, or annoying word

968
01:04:38.280 --> 01:04:40.960
<v Speaker 1>to any other person who is lawfully in any street

969
01:04:41.119 --> 01:04:45.920
<v Speaker 1>or other public place unquote. In Chaplinsky v. New Hampshire

970
01:04:46.000 --> 01:04:49.960
<v Speaker 1>nineteen forty two, the Supreme Court upheld this conviction, with

971
01:04:50.079 --> 01:04:53.760
<v Speaker 1>the majority arguing that quote there are certain well defined

972
01:04:53.880 --> 01:04:57.559
<v Speaker 1>and narrowly limited classes of speech unquote, and that Chaplinsky

973
01:04:57.599 --> 01:05:01.639
<v Speaker 1>had violated these classes by using quote insulting or fighting words,

974
01:05:02.159 --> 01:05:05.599
<v Speaker 1>those which by their very utterance inflict injury or tend

975
01:05:05.679 --> 01:05:10.440
<v Speaker 1>to incite an immediate breach of the piece. As we

976
01:05:10.519 --> 01:05:13.840
<v Speaker 1>can see, even the Supreme Court at least eighty years

977
01:05:13.840 --> 01:05:17.679
<v Speaker 1>ago agreed with the idea that words constituted a form

978
01:05:17.719 --> 01:05:22.280
<v Speaker 1>of violence or in their words, injury. Chaplinsky was not

979
01:05:22.360 --> 01:05:25.000
<v Speaker 1>able to see his free speech rights affirmed by the Court,

980
01:05:25.639 --> 01:05:28.119
<v Speaker 1>and the Court reaffirmed the idea that speech could be

981
01:05:28.199 --> 01:05:32.519
<v Speaker 1>made illegal the name of public safety with this decision. However,

982
01:05:33.280 --> 01:05:36.960
<v Speaker 1>this decision, with its invocation of quote unquote fighting words

983
01:05:37.440 --> 01:05:41.440
<v Speaker 1>set into motion future nuances and expansions of what constituted

984
01:05:41.480 --> 01:05:46.320
<v Speaker 1>free speech. Only one year after Chaplinsky v. New Hampshire

985
01:05:46.400 --> 01:05:50.280
<v Speaker 1>was decided, the Court contradicted its own fighting word standards

986
01:05:50.800 --> 01:05:53.800
<v Speaker 1>in their decision on CAFETERII Employees Local three to zero

987
01:05:53.840 --> 01:05:58.119
<v Speaker 1>two v. Los Angeles nineteen forty three. In their ruling,

988
01:05:58.639 --> 01:06:01.840
<v Speaker 1>the Court decided that the word fascist was quote part

989
01:06:01.880 --> 01:06:04.559
<v Speaker 1>of the conventional give and take in our economic and

990
01:06:04.639 --> 01:06:09.400
<v Speaker 1>political controversies on quote, weakening their own previous ruling but

991
01:06:09.599 --> 01:06:15.000
<v Speaker 1>strengthening the protections on free speech in the process. However,

992
01:06:15.559 --> 01:06:20.400
<v Speaker 1>the first truly significant change occurred in nineteen forty nine, when,

993
01:06:20.599 --> 01:06:23.840
<v Speaker 1>as Courts and Silverglade put it, quote, the Court further

994
01:06:24.000 --> 01:06:27.960
<v Speaker 1>undermined the idea that offensive speech is not protected unquote.

995
01:06:28.880 --> 01:06:33.679
<v Speaker 1>They continue their summary as follows quote. In Termina Yellow v. Chicago,

996
01:06:34.000 --> 01:06:37.320
<v Speaker 1>the Supreme Court reversed a disturbing the peace conviction of

997
01:06:37.400 --> 01:06:41.280
<v Speaker 1>a suspended Catholic priest and follower of the notorious anti

998
01:06:41.400 --> 01:06:46.079
<v Speaker 1>Semite Gerald L. K. Smith. Father Arthur Terminiello, gave a

999
01:06:46.119 --> 01:06:50.800
<v Speaker 1>speech in Chicago attacking quote communistic Zionistic Jews un quote,

1000
01:06:51.079 --> 01:06:55.480
<v Speaker 1>moving an unsympathetic crowd to violence against him. Justice William O.

1001
01:06:55.599 --> 01:06:59.119
<v Speaker 1>Douglas wrote that the quote function of free speech under

1002
01:06:59.159 --> 01:07:02.639
<v Speaker 1>our system of government is to invite dispute. It may,

1003
01:07:02.719 --> 01:07:05.639
<v Speaker 1>indeed best serve its high purpose when it induces a

1004
01:07:05.679 --> 01:07:10.000
<v Speaker 1>condition of unrest, creates dissatisfaction with conditions as they are,

1005
01:07:10.440 --> 01:07:15.039
<v Speaker 1>or even stirs people to anger. Thus, the court sent

1006
01:07:15.119 --> 01:07:18.960
<v Speaker 1>a message that the First Amendment prohibits the punishment of

1007
01:07:19.159 --> 01:07:24.079
<v Speaker 1>words merely because they might produce an angry reaction. Terminiello

1008
01:07:24.280 --> 01:07:28.599
<v Speaker 1>was particularly important because the offensive language there, even though

1009
01:07:28.719 --> 01:07:33.119
<v Speaker 1>it in fact produced a violent reaction, was not viewed legally,

1010
01:07:33.159 --> 01:07:41.480
<v Speaker 1>speaking as fighting words unquote. The significance of this ruling

1011
01:07:42.119 --> 01:07:45.360
<v Speaker 1>and subsequent rulings like Street v. New York nineteen sixty

1012
01:07:45.480 --> 01:07:49.800
<v Speaker 1>nine and Coen v. California nineteen seventy one, which involve

1013
01:07:49.880 --> 01:07:53.039
<v Speaker 1>flag burning with the former and anti conscription agitation with

1014
01:07:53.119 --> 01:07:57.239
<v Speaker 1>the latter, that reaffirmed the core principle of that first

1015
01:07:57.360 --> 01:08:00.039
<v Speaker 1>ruling should be obvious, but in case it isn't. And

1016
01:08:00.480 --> 01:08:04.760
<v Speaker 1>consider it this way under the protection of these cases

1017
01:08:05.440 --> 01:08:09.920
<v Speaker 1>today in the twenty first century, even if violent rhetoric

1018
01:08:10.239 --> 01:08:14.599
<v Speaker 1>caused or even significantly contributed to violent behavior. Then, as

1019
01:08:14.679 --> 01:08:19.000
<v Speaker 1>best I can tell, neither progressive media outlets or democratic

1020
01:08:19.079 --> 01:08:23.239
<v Speaker 1>politicians referring to Donald Trump as an existential threat to

1021
01:08:23.279 --> 01:08:28.960
<v Speaker 1>democracy or a fascist, or any person criticizing Charlie Kirk

1022
01:08:29.319 --> 01:08:31.840
<v Speaker 1>and calling him a racist or a fascist, would be

1023
01:08:32.000 --> 01:08:35.119
<v Speaker 1>liable in their respective twenty twenty four and twenty twenty

1024
01:08:35.159 --> 01:08:38.680
<v Speaker 1>five attempts, successful in the latter case, on their lives.

1025
01:08:40.159 --> 01:08:42.720
<v Speaker 1>The same can more than likely be said, at least

1026
01:08:42.720 --> 01:08:46.119
<v Speaker 1>by my best estimation, about Donald Trump's speech to his

1027
01:08:46.199 --> 01:08:50.920
<v Speaker 1>supporters on January sixth, twenty twenty one, or for that matter,

1028
01:08:51.399 --> 01:08:54.640
<v Speaker 1>any of the really insulting and frankly, in my opinion,

1029
01:08:54.800 --> 01:08:58.399
<v Speaker 1>morally disgusting speeches made in the streets of New York

1030
01:08:58.560 --> 01:09:01.319
<v Speaker 1>or London in the wake of October seventh, twenty twenty three,

1031
01:09:01.760 --> 01:09:07.000
<v Speaker 1>talking about Zionis and even globalizing the Intifada quote unquote

1032
01:09:09.199 --> 01:09:13.840
<v Speaker 1>ugly words, possibly even with the intent of inciting something,

1033
01:09:14.479 --> 01:09:17.840
<v Speaker 1>but they're still protected in all cases, it seems to me,

1034
01:09:17.920 --> 01:09:20.399
<v Speaker 1>at least as a layman. Again, remember I'm not a

1035
01:09:20.520 --> 01:09:26.760
<v Speaker 1>legal expert. This is just my personal opinion. But back

1036
01:09:26.840 --> 01:09:30.399
<v Speaker 1>to the story at hand here and the actual facts

1037
01:09:30.720 --> 01:09:36.159
<v Speaker 1>involving the evolution of free speech protections. An important aspect

1038
01:09:36.439 --> 01:09:39.560
<v Speaker 1>of the Coen v. California ruling that must be added

1039
01:09:39.600 --> 01:09:42.880
<v Speaker 1>to all of this is the fact that constitutional protection

1040
01:09:43.199 --> 01:09:46.920
<v Speaker 1>was extended to the quote unquote emotive function of speech,

1041
01:09:47.479 --> 01:09:50.880
<v Speaker 1>in which the court powerfully ruled that quote expression of

1042
01:09:50.920 --> 01:09:54.039
<v Speaker 1>emotion was as much a function of speech as was

1043
01:09:54.119 --> 01:09:57.880
<v Speaker 1>the cognitive role quote. According to Cores and silver Blade,

1044
01:09:58.239 --> 01:10:02.319
<v Speaker 1>because according to the Cohen decision, quote emotive function may

1045
01:10:02.399 --> 01:10:05.960
<v Speaker 1>often be the more important element of the overall message

1046
01:10:06.600 --> 01:10:11.560
<v Speaker 1>sought to be communicated on quote. Who can honestly say

1047
01:10:11.680 --> 01:10:15.399
<v Speaker 1>that emotions have not been and were not running high

1048
01:10:15.840 --> 01:10:19.680
<v Speaker 1>among the commentariat throughout the entire Trump presidency or during

1049
01:10:19.760 --> 01:10:23.159
<v Speaker 1>the twenty twenty four campaign, much less in the mind

1050
01:10:23.239 --> 01:10:25.399
<v Speaker 1>of the soon to be ex president at that time

1051
01:10:25.800 --> 01:10:29.159
<v Speaker 1>at the January sixth, twenty twenty one rally, or among

1052
01:10:29.239 --> 01:10:32.199
<v Speaker 1>the anti Israel demonstrators in the wake of October seventh,

1053
01:10:32.680 --> 01:10:35.920
<v Speaker 1>ranting and raving about genocide and intefada with zero sense

1054
01:10:35.920 --> 01:10:40.520
<v Speaker 1>of irony. I might add after the Terminiello, Street and

1055
01:10:40.680 --> 01:10:43.920
<v Speaker 1>Cohen decisions, as well as other decisions like Gooding v.

1056
01:10:44.079 --> 01:10:48.079
<v Speaker 1>Wilson nineteen seventy two, which involved the defendants saying things

1057
01:10:48.199 --> 01:10:50.319
<v Speaker 1>like white, son of a bitch, I'll kill you, and you,

1058
01:10:50.439 --> 01:10:52.239
<v Speaker 1>son of a bitch, I'll choke you to death in

1059
01:10:52.319 --> 01:10:56.399
<v Speaker 1>the midst of an altercation. After all those decisions, many

1060
01:10:56.479 --> 01:11:01.680
<v Speaker 1>other convictions involving inflammatory language got reverse, which helped further

1061
01:11:01.800 --> 01:11:06.760
<v Speaker 1>set precedent. In legal terms. This is basically like replicating

1062
01:11:06.800 --> 01:11:09.600
<v Speaker 1>the results of a study in the sense that these

1063
01:11:09.680 --> 01:11:15.920
<v Speaker 1>standards continued to pass muster across time and justices. These

1064
01:11:16.000 --> 01:11:20.279
<v Speaker 1>standards continued and still continue to be challenged every step

1065
01:11:20.319 --> 01:11:25.279
<v Speaker 1>of the way. That is ultimately the point of First

1066
01:11:25.279 --> 01:11:30.760
<v Speaker 1>Amendment law. Challenges to free speech will never end, and

1067
01:11:31.680 --> 01:11:36.520
<v Speaker 1>it's important for us to remember they never will. As

1068
01:11:36.560 --> 01:11:39.479
<v Speaker 1>the famous cognitive psychologist Stephen Pinker put it in an

1069
01:11:39.520 --> 01:11:42.720
<v Speaker 1>interview on the Free Press Honestly podcast just over a

1070
01:11:42.800 --> 01:11:46.439
<v Speaker 1>year ago, not only is consent of the governed not

1071
01:11:46.720 --> 01:11:51.439
<v Speaker 1>particularly intuitive in the context of human nature, but neither

1072
01:11:51.600 --> 01:11:55.800
<v Speaker 1>is the notion of free speech itself. There is a

1073
01:11:55.880 --> 01:11:59.720
<v Speaker 1>reason that people like Greg Lukianov and the other people

1074
01:12:00.000 --> 01:12:04.960
<v Speaker 1>at Fire and others rightly say that freedom of speech

1075
01:12:05.239 --> 01:12:11.079
<v Speaker 1>must be defended at all costs. Assault upon it are eternal,

1076
01:12:11.760 --> 01:12:17.279
<v Speaker 1>because human nature is the only true eternity. In a way,

1077
01:12:18.039 --> 01:12:21.840
<v Speaker 1>these challenges should not end, because that would mean that

1078
01:12:21.960 --> 01:12:26.279
<v Speaker 1>free speech has in effect ended. The power of free

1079
01:12:26.319 --> 01:12:30.600
<v Speaker 1>speech can be seen in the challenges against its very existence,

1080
01:12:32.319 --> 01:12:35.600
<v Speaker 1>as long as the ability to make those challenges and

1081
01:12:35.800 --> 01:12:41.359
<v Speaker 1>to challenge those challenges still exists the experiment that is

1082
01:12:41.439 --> 01:12:44.279
<v Speaker 1>free speech, and it is an experiment. And one could

1083
01:12:44.399 --> 01:12:49.199
<v Speaker 1>argue American culture itself will continue.

1084
01:12:51.119 --> 01:13:01.239
<v Speaker 4>And its split the seventh of slow And if we

1085
01:13:01.359 --> 01:13:05.960
<v Speaker 4>only had a little more time, and this time it's all.

1086
01:13:09.119 --> 01:13:09.159
<v Speaker 3>M.

1087
01:13:09.920 --> 01:13:11.119
<v Speaker 2>Do you remember the time?

1088
01:13:11.319 --> 01:13:13.479
<v Speaker 3>Wait little the times we.

1089
01:13:15.079 --> 01:13:17.079
<v Speaker 4>Should have never going?

1090
01:13:18.960 --> 01:13:19.239
<v Speaker 1>I know.

1091
01:13:22.000 --> 01:13:23.800
<v Speaker 4>And I know you remember.

1092
01:13:24.920 --> 01:13:26.039
<v Speaker 3>I wouldn't just do it.

1093
01:13:27.520 --> 01:13:30.800
<v Speaker 4>And we knew better than the means. We knew better,

1094
01:13:31.880 --> 01:13:35.079
<v Speaker 4>and we told ourselves it didn't matter as.

1095
01:13:34.479 --> 01:13:35.119
<v Speaker 2>We chose to.

1096
01:13:35.560 --> 01:13:39.359
<v Speaker 4>You didn't remember that matters anymore than the other little

1097
01:13:39.399 --> 01:13:43.800
<v Speaker 4>by life. And soon we'll be all said and down

1098
01:13:45.159 --> 01:13:49.279
<v Speaker 4>and we'll all be back together as w if we

1099
01:13:49.399 --> 01:13:52.920
<v Speaker 4>will getting wet all.

1100
01:14:01.199 --> 01:14:14.159
<v Speaker 1>M M.

1101
01:14:18.640 --> 01:14:19.920
<v Speaker 4>Shame of us.

1102
01:14:21.920 --> 01:14:32.960
<v Speaker 5>Due from the star. May God have mercy, shame of us.

1103
01:14:34.479 --> 01:14:35.399
<v Speaker 4>For all.

1104
01:14:37.760 --> 01:14:41.640
<v Speaker 5>And Jesse.

1105
01:14:42.960 --> 01:14:59.720
<v Speaker 1>Was In the immediate aftermath of the attempted assassination of

1106
01:14:59.760 --> 01:15:03.560
<v Speaker 1>Don Trump in July of twenty twenty four, there was

1107
01:15:03.600 --> 01:15:07.239
<v Speaker 1>an outpouring of seemingly principled callouts against violence and praise

1108
01:15:07.279 --> 01:15:10.800
<v Speaker 1>at the idea of using our words instead of our fists.

1109
01:15:11.800 --> 01:15:16.479
<v Speaker 1>And now that was correct, if only by accident. And conversely,

1110
01:15:16.560 --> 01:15:19.640
<v Speaker 1>there was and now, especially in the wake of the

1111
01:15:19.720 --> 01:15:23.439
<v Speaker 1>brutal killing of Charlie Kirk, there continues to be plenty

1112
01:15:23.479 --> 01:15:27.319
<v Speaker 1>of people claiming that the idea of a Trumpian fascist

1113
01:15:27.439 --> 01:15:31.039
<v Speaker 1>nightmare that Kirk was cheerleading had not spread, then none

1114
01:15:31.079 --> 01:15:35.159
<v Speaker 1>of this violence would ever have happened. There are also

1115
01:15:35.319 --> 01:15:38.960
<v Speaker 1>plenty of people who are now banging the drum of

1116
01:15:39.159 --> 01:15:43.119
<v Speaker 1>saying that had it not been for all the attempts

1117
01:15:43.279 --> 01:15:47.520
<v Speaker 1>at calling our times a Trumpian fascist nightmare and referring

1118
01:15:47.600 --> 01:15:51.800
<v Speaker 1>to Kirk as a propagandist for such fascism, such hatred

1119
01:15:52.359 --> 01:15:56.760
<v Speaker 1>as his alleged killer claimed in his justification to his roommates,

1120
01:15:56.800 --> 01:16:02.840
<v Speaker 1>slash Lover that this, this violence is the logical endpoint

1121
01:16:03.359 --> 01:16:08.880
<v Speaker 1>of such violent language, of such inciting language. Many of

1122
01:16:08.920 --> 01:16:14.199
<v Speaker 1>the people saying this also have long since mocked, derided,

1123
01:16:14.600 --> 01:16:19.840
<v Speaker 1>and refuted the idea that words are violence, and sometimes

1124
01:16:19.920 --> 01:16:24.800
<v Speaker 1>even more explicitly, that words lead to violence. The hypocrisy

1125
01:16:25.079 --> 01:16:27.680
<v Speaker 1>at the core of all of this, the inconsistencies everywhere

1126
01:16:28.359 --> 01:16:32.319
<v Speaker 1>was and remains apparent the people who entertained the idea

1127
01:16:32.640 --> 01:16:35.640
<v Speaker 1>that words were violence in the first place suddenly realizing

1128
01:16:36.079 --> 01:16:39.239
<v Speaker 1>that real world violence was what was truly beyond the pale.

1129
01:16:41.079 --> 01:16:45.119
<v Speaker 1>The irony was as thick and smooth as butter, and

1130
01:16:45.720 --> 01:16:48.640
<v Speaker 1>the people who were mocking the words are violence crowd

1131
01:16:49.119 --> 01:16:52.880
<v Speaker 1>in recent years, months, and even weeks are suddenly wringing

1132
01:16:52.920 --> 01:16:56.319
<v Speaker 1>their hands over the existential tenor or hysterical tone of

1133
01:16:56.359 --> 01:17:00.920
<v Speaker 1>the rhetoric that supposedly led to their favorite conservative pundit assassinated.

1134
01:17:01.680 --> 01:17:07.439
<v Speaker 1>The irony is just as thick, and yet despite the

1135
01:17:07.680 --> 01:17:12.199
<v Speaker 1>obvious selective memories and selective standards and therefore hypocrisy coming

1136
01:17:12.319 --> 01:17:16.439
<v Speaker 1>from pretty much every camp in this conversation, it should

1137
01:17:16.479 --> 01:17:19.439
<v Speaker 1>be clear that after everything we've covered that none of

1138
01:17:19.479 --> 01:17:24.640
<v Speaker 1>it matters. It almost certainly does not matter for actual

1139
01:17:24.880 --> 01:17:31.960
<v Speaker 1>psychological reasons, but more importantly, it doesn't matter for broader legal, moral,

1140
01:17:32.720 --> 01:17:38.520
<v Speaker 1>and I would argue even national reasons. Let's look at

1141
01:17:38.600 --> 01:17:41.720
<v Speaker 1>one more story from our past, one I referenced in

1142
01:17:41.840 --> 01:17:46.159
<v Speaker 1>passing earlier on in this episode. It's actually a pretty

1143
01:17:46.239 --> 01:17:49.239
<v Speaker 1>recent story in the grand scheme of things, but it

1144
01:17:49.359 --> 01:17:53.640
<v Speaker 1>feels like an eternity ago. On January eighth, twenty eleven,

1145
01:17:54.640 --> 01:18:01.239
<v Speaker 1>US Representative Gabby Gifford's Democrat from Arizona, was in a

1146
01:18:01.359 --> 01:18:06.039
<v Speaker 1>Tucson supermarket parking lot meeting with her constituents when a

1147
01:18:06.119 --> 01:18:10.600
<v Speaker 1>lone gunman opened fire and shot eighteen people, including Gifford's

1148
01:18:10.720 --> 01:18:15.760
<v Speaker 1>with a point blank gunshot to the head. Somehow, I mean,

1149
01:18:15.880 --> 01:18:18.399
<v Speaker 1>it's probably more common than it sounds like when you

1150
01:18:18.479 --> 01:18:23.000
<v Speaker 1>put it this way, but somehow Gifford survived, but six others,

1151
01:18:23.560 --> 01:18:27.479
<v Speaker 1>including Federal District Court Chief Judge John Roll, were killed.

1152
01:18:29.239 --> 01:18:33.640
<v Speaker 1>The event was obviously horrifying, and it quickly became and

1153
01:18:33.800 --> 01:18:37.960
<v Speaker 1>largely remains, one of the centerpieces to the gun control

1154
01:18:38.079 --> 01:18:41.239
<v Speaker 1>movement in the United States, and indeed, Representative Giffords has

1155
01:18:41.279 --> 01:18:44.319
<v Speaker 1>spent much of her post congressional public life advocating on

1156
01:18:44.399 --> 01:18:48.760
<v Speaker 1>behalf of this cause. However, while the gun control debate

1157
01:18:48.840 --> 01:18:51.840
<v Speaker 1>it sparked sucked most of the oxygen from the room

1158
01:18:51.880 --> 01:18:56.279
<v Speaker 1>in twenty eleven, which, honestly, even though people haven't invoked it,

1159
01:18:56.479 --> 01:18:59.319
<v Speaker 1>in the wake of Charlie Kirk's assassination in September of

1160
01:18:59.359 --> 01:19:03.920
<v Speaker 1>twenty twenty five, it all feels strangely muted and even passe.

1161
01:19:05.560 --> 01:19:08.960
<v Speaker 1>There was back then a now very familiar refrain going

1162
01:19:09.039 --> 01:19:15.600
<v Speaker 1>on that political rhetoric, particularly violent political rhetoric, caused this

1163
01:19:15.800 --> 01:19:18.359
<v Speaker 1>to happen, caused this woman to be shot in the head,

1164
01:19:18.399 --> 01:19:20.880
<v Speaker 1>and for these six people to be killed and needed

1165
01:19:20.920 --> 01:19:23.880
<v Speaker 1>to be quote unquote cooled down, in the words of

1166
01:19:24.199 --> 01:19:29.039
<v Speaker 1>many people at the time, specifically former vice presidential candidate

1167
01:19:29.119 --> 01:19:31.479
<v Speaker 1>and someone I have not thought about in a very

1168
01:19:31.600 --> 01:19:35.720
<v Speaker 1>long time. Sarah Palin, along with the relatively nascent Tea

1169
01:19:35.760 --> 01:19:39.720
<v Speaker 1>Party movement, became the target of the political left's ire

1170
01:19:40.359 --> 01:19:44.880
<v Speaker 1>for Palin's website called take Back the twenty which used

1171
01:19:44.880 --> 01:19:48.239
<v Speaker 1>animated crosshairs to indicate which US districts needed to be

1172
01:19:48.800 --> 01:19:55.920
<v Speaker 1>well taken back, that is, electorally by Republicans. Giffords had

1173
01:19:55.960 --> 01:19:58.960
<v Speaker 1>already expressed outrage at this a year earlier, in March

1174
01:19:59.000 --> 01:20:02.479
<v Speaker 1>of twenty ten, when after her office had been vandalized,

1175
01:20:02.560 --> 01:20:06.760
<v Speaker 1>she said, quote, we're in Sarah Palin's targeted list. But

1176
01:20:06.880 --> 01:20:10.800
<v Speaker 1>the thing is that the way she has it depicted,

1177
01:20:11.279 --> 01:20:14.279
<v Speaker 1>we're in the crosshairs of a gun sight over our district.

1178
01:20:14.720 --> 01:20:17.359
<v Speaker 1>When people do that, they've got to realize that there

1179
01:20:17.399 --> 01:20:22.880
<v Speaker 1>are consequences to that action unquote. Thus, the pump was

1180
01:20:22.920 --> 01:20:27.560
<v Speaker 1>already primed for a massive amount of confirmation bias when

1181
01:20:27.600 --> 01:20:32.600
<v Speaker 1>the actually unthinkable occurred ten months later. While much of

1182
01:20:32.680 --> 01:20:36.239
<v Speaker 1>the commentary, both at home and abroad seemed to echo

1183
01:20:36.399 --> 01:20:39.560
<v Speaker 1>this common sense notion that quote, there are lethal consequences

1184
01:20:39.680 --> 01:20:45.000
<v Speaker 1>unquote to political speech, there was some vital, if somewhat muted, dissent.

1185
01:20:47.159 --> 01:20:50.359
<v Speaker 1>It began with the fact that it wasn't even clear

1186
01:20:50.920 --> 01:20:54.720
<v Speaker 1>if Gifford's would be assassin even saw the map on

1187
01:20:54.840 --> 01:20:59.600
<v Speaker 1>Palin's website to begin with. This was definitively reported in

1188
01:20:59.680 --> 01:21:03.600
<v Speaker 1>twenty seventeen by The Washington Post, whose article was titled

1189
01:21:03.800 --> 01:21:06.640
<v Speaker 1>the bogus claim that a map of crosshairs by Sarah

1190
01:21:06.640 --> 01:21:10.800
<v Speaker 1>Palin's pack in cite a representative Gabby Gifford's shooting. So

1191
01:21:10.960 --> 01:21:13.560
<v Speaker 1>this claim that was so in vogue at the time

1192
01:21:13.920 --> 01:21:16.600
<v Speaker 1>has been largely put to bed and nobody even knows

1193
01:21:16.640 --> 01:21:21.920
<v Speaker 1>about it. But soon this kind of descent expanded into

1194
01:21:22.000 --> 01:21:26.880
<v Speaker 1>more meaningful and even philosophical commentary about how inflamed rhetoric

1195
01:21:27.159 --> 01:21:30.640
<v Speaker 1>was by no means unique in American history, by no

1196
01:21:30.840 --> 01:21:33.920
<v Speaker 1>means to blame for what happened to Gifford's and by

1197
01:21:34.039 --> 01:21:40.039
<v Speaker 1>no means even a bad thing as communications professor and

1198
01:21:40.159 --> 01:21:43.640
<v Speaker 1>journalist W. Joseph Campbell pointed out in his own historical

1199
01:21:43.760 --> 01:21:48.760
<v Speaker 1>reckoning of blaming quote unquote overheated commentary for assassinations, the

1200
01:21:48.840 --> 01:21:52.279
<v Speaker 1>effort to link Palin and the Tea Party's rhetoric to

1201
01:21:52.359 --> 01:21:56.039
<v Speaker 1>the Gifford's shooting was quote evocative of a campaign more

1202
01:21:56.079 --> 01:21:59.359
<v Speaker 1>than a century ago to blame the assassination of President

1203
01:21:59.399 --> 01:22:06.439
<v Speaker 1>William mcain hinley on the yellow Press of William Randolph Hurst. Continuing,

1204
01:22:06.840 --> 01:22:12.039
<v Speaker 1>Campbell writes the following quote. President McKinley was fatally shot

1205
01:22:12.319 --> 01:22:16.600
<v Speaker 1>in September nineteen oh one by an anarchist named Leon Cholgos, who,

1206
01:22:16.880 --> 01:22:20.720
<v Speaker 1>according to William Randolph Hearst's finest biographer, was unable to

1207
01:22:20.800 --> 01:22:25.800
<v Speaker 1>read English. Even so, Hurst's foes, notably The New York Sun,

1208
01:22:26.359 --> 01:22:29.800
<v Speaker 1>sought to tie the assassination to ill advised comments about

1209
01:22:29.880 --> 01:22:34.800
<v Speaker 1>McKinley that had appeared in Hearst's newspapers months earlier. One

1210
01:22:34.920 --> 01:22:39.159
<v Speaker 1>especially ill considered comment helped fuel the allegations that was

1211
01:22:39.199 --> 01:22:43.239
<v Speaker 1>a quatrain written by columnist Ambrose Bierce twenty months before

1212
01:22:43.319 --> 01:22:47.039
<v Speaker 1>McKinley was shot on September sixth, nineteen oh one. While

1213
01:22:47.079 --> 01:22:51.319
<v Speaker 1>greeting well wishers in Buffalo. Bierce's column of February fourth,

1214
01:22:51.479 --> 01:22:54.840
<v Speaker 1>nineteen hundred closed with a reference to the assassination a

1215
01:22:54.880 --> 01:22:59.119
<v Speaker 1>few days earlier of the Kentucky Governor William Goebel. Bierce,

1216
01:22:59.319 --> 01:23:02.560
<v Speaker 1>a prickly and a cerviit commentator wrote the Bullet that

1217
01:23:02.720 --> 01:23:06.279
<v Speaker 1>Pierce Gebel's breast cannot be found in all the West.

1218
01:23:06.960 --> 01:23:10.840
<v Speaker 1>Good reason it is spreading here to Washington to stretch

1219
01:23:10.920 --> 01:23:17.119
<v Speaker 1>McKinley on his beer, Quoting from The New York Sun's

1220
01:23:17.199 --> 01:23:21.119
<v Speaker 1>own story, a menace to our civilization. Campbell points out

1221
01:23:21.239 --> 01:23:24.760
<v Speaker 1>that the paper accused Bierce, the Hearst Paper, and by extension,

1222
01:23:25.079 --> 01:23:30.279
<v Speaker 1>Hurst himself, of enabling quote an atrocious anarchistic assault on

1223
01:23:30.359 --> 01:23:33.560
<v Speaker 1>the president unquote, and that yellow journalism had just quote

1224
01:23:33.840 --> 01:23:38.600
<v Speaker 1>graduated into a serious and studied propaganda of social revolution unquote.

1225
01:23:40.279 --> 01:23:43.960
<v Speaker 1>Does this, or for that matter, the reaction to the

1226
01:23:44.000 --> 01:23:49.399
<v Speaker 1>Gifford shooting, or for that matter, the reactions to the

1227
01:23:49.520 --> 01:23:55.800
<v Speaker 1>Charlie Kirk killing sound familiar? Now, despite all this evidence, Marshall,

1228
01:23:55.880 --> 01:24:02.319
<v Speaker 1>here one might still ask, more than an abstract philosophical sense,

1229
01:24:03.000 --> 01:24:07.000
<v Speaker 1>at least you know, to me personally, are you saying

1230
01:24:07.239 --> 01:24:11.359
<v Speaker 1>that you value the freedom for people to express themselves

1231
01:24:11.720 --> 01:24:18.720
<v Speaker 1>more than preventing harm or ensuring public safety. Yes, and

1232
01:24:19.119 --> 01:24:23.439
<v Speaker 1>if you'll pardon me paraphrasing the joker meme format, I've

1233
01:24:23.520 --> 01:24:26.840
<v Speaker 1>become increasingly tired of pretending that there are any compelling

1234
01:24:26.920 --> 01:24:31.199
<v Speaker 1>counter arguments against this stance that currently exists and have

1235
01:24:31.399 --> 01:24:32.000
<v Speaker 1>been studied.

1236
01:24:32.039 --> 01:24:32.680
<v Speaker 5>At least.

1237
01:24:34.960 --> 01:24:38.439
<v Speaker 1>Not only was or is any of this discourse. I'm

1238
01:24:38.479 --> 01:24:43.479
<v Speaker 1>blaming rhetoric for violence, nothing new in American history. But

1239
01:24:43.600 --> 01:24:46.920
<v Speaker 1>it's also, if I dare risk falling prey to a

1240
01:24:47.000 --> 01:24:53.079
<v Speaker 1>naturalistic fallacy, a good thing. As the writer Jack Schaeffer

1241
01:24:53.159 --> 01:24:56.199
<v Speaker 1>brilliantly put it in his article on Slate back when

1242
01:24:56.239 --> 01:24:59.079
<v Speaker 1>slay was actually a good place to find good content,

1243
01:24:59.279 --> 01:25:01.920
<v Speaker 1>in his reaction to the Gifford shooting and the role

1244
01:25:02.079 --> 01:25:05.199
<v Speaker 1>or lack thereof, of political rhetoric on violent behavior. Quote,

1245
01:25:05.640 --> 01:25:08.880
<v Speaker 1>any call to cool inflammatory speech is a call to

1246
01:25:08.960 --> 01:25:14.479
<v Speaker 1>police all speech. And I can't think of somebody in government, politics, business,

1247
01:25:14.800 --> 01:25:17.600
<v Speaker 1>or the press that I would trust with that power

1248
01:25:18.000 --> 01:25:21.880
<v Speaker 1>unquote and that quote. The great miracle of American politics

1249
01:25:22.640 --> 01:25:25.720
<v Speaker 1>is that, although it can tend toward the most cutthroat

1250
01:25:25.800 --> 01:25:30.239
<v Speaker 1>and thuggish, it is almost devoid of genuine violence. Outside

1251
01:25:30.279 --> 01:25:34.079
<v Speaker 1>of a few scuffles and busted lips now and again unquote,

1252
01:25:36.199 --> 01:25:43.359
<v Speaker 1>even with the increased risk seemingly an incidence of foul,

1253
01:25:43.920 --> 01:25:48.600
<v Speaker 1>vile political violence, this statement from almost fifteen years ago

1254
01:25:49.720 --> 01:25:53.800
<v Speaker 1>is actually an important reality check, especially in the context

1255
01:25:53.920 --> 01:25:57.279
<v Speaker 1>of our dreaded twenty four hour news cycle, whose twenty

1256
01:25:57.279 --> 01:25:59.319
<v Speaker 1>four hour nature is less of a concern to me

1257
01:26:00.159 --> 01:26:04.520
<v Speaker 1>than the spotlighting effect that it creates on outliers. But frankly,

1258
01:26:04.640 --> 01:26:09.399
<v Speaker 1>this long rant of mine has already grown unweelly enough.

1259
01:26:09.520 --> 01:26:12.199
<v Speaker 1>I'll just put it that way it did in the essay,

1260
01:26:12.279 --> 01:26:16.720
<v Speaker 1>and it is growing so here. Schaeffer's best point, however,

1261
01:26:17.239 --> 01:26:19.760
<v Speaker 1>and one that I think matters most to what we're

1262
01:26:19.800 --> 01:26:24.640
<v Speaker 1>trying to uncover here, is this quote. The wicked direction

1263
01:26:24.800 --> 01:26:28.399
<v Speaker 1>the American debate often takes is not a sign of danger,

1264
01:26:28.680 --> 01:26:34.239
<v Speaker 1>but of freedom unquote. I can't think of a better

1265
01:26:34.359 --> 01:26:38.520
<v Speaker 1>way to justify the broader point of this tangled, snarled

1266
01:26:38.520 --> 01:26:43.079
<v Speaker 1>attemptive mind at explaining why I don't believe rhetoric really

1267
01:26:43.159 --> 01:26:47.600
<v Speaker 1>matters materially as much as so many people think it does.

1268
01:26:49.319 --> 01:26:53.680
<v Speaker 1>Not to recap the psychological evidence that rhetoric causes behavior,

1269
01:26:53.840 --> 01:26:59.520
<v Speaker 1>much less violent behavior, simply does not exist. Counter evidence

1270
01:26:59.560 --> 01:27:02.840
<v Speaker 1>does not really exists too compellingly either, But we can't

1271
01:27:02.880 --> 01:27:05.880
<v Speaker 1>operate on the assumption that a lack of evidence means

1272
01:27:05.920 --> 01:27:10.199
<v Speaker 1>that there must be some evidence or vice versa. And

1273
01:27:10.920 --> 01:27:12.880
<v Speaker 1>more to the point that I've been trying to make,

1274
01:27:13.720 --> 01:27:17.960
<v Speaker 1>it doesn't actually matter, because even if there was evidence

1275
01:27:18.279 --> 01:27:22.560
<v Speaker 1>that rhetoric caused behavior, and we acted accordingly to restrict

1276
01:27:22.680 --> 01:27:27.439
<v Speaker 1>rhetoric on that basis, we would be sacrificing the one

1277
01:27:28.000 --> 01:27:33.159
<v Speaker 1>biggest thing that really makes the United States special as

1278
01:27:33.199 --> 01:27:37.880
<v Speaker 1>a nation and as a culture. This is demonstrated by

1279
01:27:37.960 --> 01:27:41.359
<v Speaker 1>the repeated expansions and protections applied to the First Amendment

1280
01:27:41.439 --> 01:27:46.159
<v Speaker 1>to the United States Constitution. The legal system for generations

1281
01:27:46.239 --> 01:27:50.960
<v Speaker 1>now has demonstrated a willingness to continue, but was ultimately

1282
01:27:51.079 --> 01:27:54.479
<v Speaker 1>the experiment that the founding fathers thought we might put

1283
01:27:54.560 --> 01:28:00.920
<v Speaker 1>forth as a nation, a culture, and a civilization. Given

1284
01:28:01.000 --> 01:28:04.319
<v Speaker 1>the sophistication of the Bill of Rights, it is clear

1285
01:28:04.399 --> 01:28:08.279
<v Speaker 1>that they understood, or at least intuitive, that human psychology

1286
01:28:08.479 --> 01:28:13.439
<v Speaker 1>was far more complex than a to B causality, especially

1287
01:28:13.520 --> 01:28:16.119
<v Speaker 1>when it came to the question of speech and action.

1288
01:28:18.760 --> 01:28:23.199
<v Speaker 1>Psychological evidence seems to bear this out. Should our legal

1289
01:28:23.279 --> 01:28:26.880
<v Speaker 1>system and standards not also match what is indeed real

1290
01:28:27.000 --> 01:28:33.800
<v Speaker 1>and true, at least so far. Of course, none of

1291
01:28:33.880 --> 01:28:37.359
<v Speaker 1>this is to say that such things can't or shouldn't

1292
01:28:37.359 --> 01:28:41.520
<v Speaker 1>be challenged, but it is not insignificant that with every

1293
01:28:41.680 --> 01:28:45.319
<v Speaker 1>landmark legal case regarding the individual citizen's right to free

1294
01:28:45.399 --> 01:28:49.159
<v Speaker 1>expression in the United States, his or her protections have

1295
01:28:49.359 --> 01:28:55.039
<v Speaker 1>ultimately been expanded. Perhaps the advent of new technologies like

1296
01:28:55.159 --> 01:28:58.840
<v Speaker 1>artificial intelligence will require more careful readings on such things,

1297
01:28:59.319 --> 01:29:02.840
<v Speaker 1>But in the meantime, when it comes to the question

1298
01:29:03.000 --> 01:29:06.680
<v Speaker 1>of rhetoric and behavior, the debate is and should be,

1299
01:29:06.880 --> 01:29:12.800
<v Speaker 1>in essence closed for now. Now, further study of the

1300
01:29:12.840 --> 01:29:18.840
<v Speaker 1>connection or lack thereof, between rhetoric and behavior must absolutely continue,

1301
01:29:19.880 --> 01:29:22.760
<v Speaker 1>if only because it will help us make better sense

1302
01:29:22.920 --> 01:29:25.880
<v Speaker 1>of the greatest mystery of all, the true final frontier,

1303
01:29:26.000 --> 01:29:29.720
<v Speaker 1>which is the human mind. As I posited more to

1304
01:29:29.800 --> 01:29:33.199
<v Speaker 1>myself as a challenge when discussing this with Danielle and

1305
01:29:33.279 --> 01:29:37.319
<v Speaker 1>Christops on our recent conversation, perhaps there is something to

1306
01:29:37.439 --> 01:29:41.560
<v Speaker 1>the idea of existentially framed rhetoric having a greater effect

1307
01:29:41.640 --> 01:29:45.439
<v Speaker 1>on people's behavior than I'm willing to countenance. I want

1308
01:29:45.520 --> 01:29:48.840
<v Speaker 1>to keep my mind open to that possibility. We'll just

1309
01:29:49.000 --> 01:29:52.840
<v Speaker 1>have to see, especially if studies continue to be produced

1310
01:29:53.520 --> 01:29:59.000
<v Speaker 1>and have compelling, replicatable results. But again I find myself

1311
01:29:59.119 --> 01:30:02.199
<v Speaker 1>still chafing at the idea that that would even matter,

1312
01:30:02.319 --> 01:30:06.199
<v Speaker 1>even if it was true, regardless of the findings of

1313
01:30:06.279 --> 01:30:12.000
<v Speaker 1>such studies. If Americans are to consider ourselves unique among

1314
01:30:12.079 --> 01:30:15.520
<v Speaker 1>the rest of the world's nations and cultures, and maintain

1315
01:30:15.600 --> 01:30:19.720
<v Speaker 1>the reputation as not just a land of true freedom,

1316
01:30:20.079 --> 01:30:25.079
<v Speaker 1>but the land of true freedom, then restrictions or even

1317
01:30:25.199 --> 01:30:30.560
<v Speaker 1>referenda on the subject of broader speech restriction. I don't

1318
01:30:30.600 --> 01:30:33.840
<v Speaker 1>want to put it too harshly, but they seem to

1319
01:30:33.920 --> 01:30:39.760
<v Speaker 1>me to essentially render the entire American project moot. Well,

1320
01:30:39.800 --> 01:30:42.359
<v Speaker 1>I will always be the first person standing in line

1321
01:30:42.399 --> 01:30:44.760
<v Speaker 1>to proclaim that the United States is not as special

1322
01:30:45.159 --> 01:30:48.199
<v Speaker 1>as so many of its appraisers and critics alike seem

1323
01:30:48.279 --> 01:30:51.720
<v Speaker 1>to think, especially when it comes to comparing it to say,

1324
01:30:51.920 --> 01:30:56.800
<v Speaker 1>other countries' behavior. I will also always proclaim that there

1325
01:30:56.920 --> 01:31:00.479
<v Speaker 1>are things that Americans do and try to do that

1326
01:31:00.680 --> 01:31:04.960
<v Speaker 1>are unique, and when it comes down to it, our

1327
01:31:05.039 --> 01:31:08.720
<v Speaker 1>experiment with expanding just how much our citizens are legally

1328
01:31:08.880 --> 01:31:12.960
<v Speaker 1>allowed to say and thus think, is one of those things.

1329
01:31:14.359 --> 01:31:18.239
<v Speaker 1>And to put it even more bluntly, our legal protections

1330
01:31:18.319 --> 01:31:21.800
<v Speaker 1>for our speech are not something that any American would

1331
01:31:21.960 --> 01:31:24.680
<v Speaker 1>like to see curtailed if they ended up on the

1332
01:31:24.760 --> 01:31:28.560
<v Speaker 1>wrong side of that curtailment. Let's just be honest here,

1333
01:31:31.600 --> 01:31:34.520
<v Speaker 1>So why will there no doubt be people who hear

1334
01:31:34.680 --> 01:31:38.159
<v Speaker 1>this that are unconvinced by the evidence that I've provided

1335
01:31:38.279 --> 01:31:42.680
<v Speaker 1>and the reasoning that I've suggested. While it's certainly possible

1336
01:31:43.039 --> 01:31:45.920
<v Speaker 1>that it will be due to evidentiary oversights on my part,

1337
01:31:46.000 --> 01:31:48.680
<v Speaker 1>I've only read so many psychological studies on this subject.

1338
01:31:48.760 --> 01:31:52.199
<v Speaker 1>After all, it does go back, in my view, to

1339
01:31:52.319 --> 01:31:55.039
<v Speaker 1>that pesky load star we all have within us, that

1340
01:31:55.319 --> 01:32:01.199
<v Speaker 1>is common sense. It is really hard to override common sense,

1341
01:32:02.319 --> 01:32:06.760
<v Speaker 1>especially when it feels like what I'm saying doesn't comport

1342
01:32:06.840 --> 01:32:09.640
<v Speaker 1>with what we want to be true, which often does

1343
01:32:09.760 --> 01:32:12.600
<v Speaker 1>comport with what we perceive in front of our own

1344
01:32:12.640 --> 01:32:17.039
<v Speaker 1>two eyes and hear with our own two ears. If

1345
01:32:17.119 --> 01:32:20.159
<v Speaker 1>we look at how a lot of people who don't

1346
01:32:20.319 --> 01:32:23.319
<v Speaker 1>like the polarization in our political culture or the tenor

1347
01:32:23.399 --> 01:32:27.079
<v Speaker 1>of the rhetoric in it, respond to such events, it

1348
01:32:27.199 --> 01:32:31.039
<v Speaker 1>almost always becomes reduced to arguments about how it certainly

1349
01:32:31.079 --> 01:32:34.279
<v Speaker 1>doesn't help things, or well it makes things less pleasant,

1350
01:32:34.680 --> 01:32:37.479
<v Speaker 1>and those things are true. They certainly can be true,

1351
01:32:37.520 --> 01:32:40.039
<v Speaker 1>and I think they are true. But at the end

1352
01:32:40.079 --> 01:32:44.560
<v Speaker 1>of the day, that's still just one person's opinion. It

1353
01:32:44.720 --> 01:32:50.159
<v Speaker 1>even is maybe millions of people's opinions, but they're just opinions.

1354
01:32:52.000 --> 01:32:54.319
<v Speaker 1>When I hear someone say it doesn't help things or

1355
01:32:54.359 --> 01:32:57.079
<v Speaker 1>it makes things less pleasant, I do know what they mean,

1356
01:32:57.239 --> 01:32:59.680
<v Speaker 1>and I might even sympathize sometimes, Like I said, I

1357
01:32:59.720 --> 01:33:03.439
<v Speaker 1>often do, especially lately. But I also think that those arguments,

1358
01:33:03.520 --> 01:33:07.600
<v Speaker 1>given the evidence out there, should probably be put to bed,

1359
01:33:08.039 --> 01:33:11.399
<v Speaker 1>because the implication will always be we need to put

1360
01:33:11.399 --> 01:33:15.159
<v Speaker 1>a stop to that speech that we think is bad. Otherwise,

1361
01:33:15.880 --> 01:33:18.119
<v Speaker 1>what's the point of saying you don't like the speech.

1362
01:33:20.319 --> 01:33:22.479
<v Speaker 1>There are a lot of things that we don't like

1363
01:33:22.680 --> 01:33:25.560
<v Speaker 1>but can't or, as I hope I have made clear,

1364
01:33:25.680 --> 01:33:31.760
<v Speaker 1>should not do anything about. If only it was so

1365
01:33:31.960 --> 01:33:37.239
<v Speaker 1>simple that the young man who killed Charlie Kirk, or

1366
01:33:37.319 --> 01:33:40.319
<v Speaker 1>the young man who shot at Trump, or the man

1367
01:33:40.399 --> 01:33:44.319
<v Speaker 1>who killed those Minnesota representatives, or the man who tried

1368
01:33:44.399 --> 01:33:48.279
<v Speaker 1>to likely kill Justice Brett Kavanaugh, or the man who

1369
01:33:48.319 --> 01:33:51.399
<v Speaker 1>broke into Nancy Pelosi's home and beat her husband with

1370
01:33:51.479 --> 01:33:55.960
<v Speaker 1>a hammer, or the assassins of years passed like the

1371
01:33:56.000 --> 01:33:59.359
<v Speaker 1>one who shot Reagan or the one who shot John F. Kennedy,

1372
01:33:59.720 --> 01:34:02.199
<v Speaker 1>or the who shot William McKinley, or the one who

1373
01:34:02.239 --> 01:34:05.039
<v Speaker 1>shot Andrew Garfield or the one who shot Abraham Lincoln.

1374
01:34:06.399 --> 01:34:12.119
<v Speaker 1>If only we could show that these people were motivated

1375
01:34:12.159 --> 01:34:16.680
<v Speaker 1>by pure brainwashing of a hostile partisan media, then we

1376
01:34:16.720 --> 01:34:19.800
<v Speaker 1>could find some justice, maybe where there seems to be

1377
01:34:19.960 --> 01:34:24.039
<v Speaker 1>none or not enough in such a seemingly chaotic and

1378
01:34:24.279 --> 01:34:30.039
<v Speaker 1>violent world. Maybe then we could pin the necessary responsibility.

1379
01:34:30.279 --> 01:34:33.960
<v Speaker 1>Maybe then we could place a lid on the specific

1380
01:34:34.079 --> 01:34:36.800
<v Speaker 1>kinds of rhetoric that led to this outcome, so it

1381
01:34:36.840 --> 01:34:41.760
<v Speaker 1>would never happen again. Maybe then the left or the

1382
01:34:41.920 --> 01:34:46.359
<v Speaker 1>right could finally take real responsibility for the things they

1383
01:34:46.439 --> 01:34:50.920
<v Speaker 1>say so flippantly, and the problem of left or right

1384
01:34:51.079 --> 01:34:55.000
<v Speaker 1>terrorism could finally be put to bed forever, and we'd

1385
01:34:55.000 --> 01:34:57.279
<v Speaker 1>all be safe from the people on the other side

1386
01:34:57.279 --> 01:35:02.840
<v Speaker 1>of the political aisle who hate our fucking guts. If

1387
01:35:02.880 --> 01:35:04.960
<v Speaker 1>only it was so simple.

1388
01:35:08.199 --> 01:35:09.479
<v Speaker 3>That you want.

1389
01:35:12.279 --> 01:35:20.880
<v Speaker 5>Was to feel less song you bother desire, desires to

1390
01:35:21.119 --> 01:35:22.800
<v Speaker 5>drive him into.

1391
01:35:22.560 --> 01:35:24.439
<v Speaker 3>The arms of another.

1392
01:35:25.000 --> 01:35:27.520
<v Speaker 1>Love in the dream.

1393
01:35:44.640 --> 01:35:50.399
<v Speaker 5>Is this song is even after years of trial and.

1394
01:35:52.840 --> 01:35:54.279
<v Speaker 3>Learning out of love.

1395
01:35:54.279 --> 01:35:56.840
<v Speaker 5>Be loved and destroyed.

1396
01:36:01.720 --> 01:36:02.439
<v Speaker 3>The bed.

1397
01:36:05.880 --> 01:36:10.279
<v Speaker 5>Room Jobs.

1398
01:36:25.760 --> 01:36:29.399
<v Speaker 1>Hey everybody, thanks for tuning in to this episode of

1399
01:36:29.479 --> 01:36:33.159
<v Speaker 1>History Impossible. This special one that I honestly was kind

1400
01:36:33.199 --> 01:36:37.359
<v Speaker 1>of wondering when I would find time to make it

1401
01:36:37.600 --> 01:36:39.479
<v Speaker 1>part of the catalog. I guess because I had a

1402
01:36:39.520 --> 01:36:41.680
<v Speaker 1>lot of fun writing the original essay over a year ago.

1403
01:36:42.640 --> 01:36:45.159
<v Speaker 1>Really gets to the core of one of my pet issues.

1404
01:36:45.199 --> 01:36:48.800
<v Speaker 1>I guess we could call them pet issues in this case,

1405
01:36:49.640 --> 01:36:51.439
<v Speaker 1>you know, being all sorts of things, but in this

1406
01:36:51.560 --> 01:36:56.279
<v Speaker 1>case it being free speech. And yeah, I definitely went

1407
01:36:56.319 --> 01:36:58.279
<v Speaker 1>a little hard on this one. I think, at least

1408
01:36:58.279 --> 01:37:00.960
<v Speaker 1>that's how it feels to me. I don't you know.

1409
01:37:01.079 --> 01:37:04.760
<v Speaker 1>I'm obviously, you know, pretty overtly political in some of

1410
01:37:04.800 --> 01:37:06.800
<v Speaker 1>the things I say, but in this case it felt

1411
01:37:07.039 --> 01:37:09.840
<v Speaker 1>less historical more political than usual. So I always have

1412
01:37:09.880 --> 01:37:11.640
<v Speaker 1>a little bit of a guilt complex about that, but

1413
01:37:11.800 --> 01:37:14.600
<v Speaker 1>I feel like it's very relevant and I felt like

1414
01:37:14.640 --> 01:37:17.319
<v Speaker 1>this might be something you guys be interested in. So anyway,

1415
01:37:19.079 --> 01:37:20.479
<v Speaker 1>before I get go in here, I just want to

1416
01:37:20.520 --> 01:37:24.119
<v Speaker 1>thank the following people for supporting History Impossible over on

1417
01:37:24.720 --> 01:37:29.359
<v Speaker 1>Patreon and substack. These people include the following Zazu, Ben Ben,

1418
01:37:29.840 --> 01:37:34.800
<v Speaker 1>Bob Downing, Sam Graham, Greg Hunter, s O Skip Pacheco,

1419
01:37:35.319 --> 01:37:40.840
<v Speaker 1>Molly Pan, John Pisano, Anna R. PJ. Raider, Matthew m Rice,

1420
01:37:41.199 --> 01:37:45.920
<v Speaker 1>Philip Rice, Emily Schmidt, Pierre Vapuni, Christian Wilson, and as

1421
01:37:45.960 --> 01:37:50.319
<v Speaker 1>always Fu so thank you again for listening. We will

1422
01:37:50.359 --> 01:37:54.159
<v Speaker 1>be back to more regular programming so to speak. Have

1423
01:37:54.319 --> 01:37:57.640
<v Speaker 1>a really fun research based episode that was a cat

1424
01:37:57.680 --> 01:38:01.479
<v Speaker 1>in the background by the way, coming uh soon actually,

1425
01:38:01.560 --> 01:38:05.239
<v Speaker 1>and then after that, well we will see when it

1426
01:38:05.319 --> 01:38:12.279
<v Speaker 1>comes to interviews. But we're finally getting back to real

1427
01:38:12.520 --> 01:38:16.720
<v Speaker 1>regular programming so to speak, as in the next installment

1428
01:38:17.000 --> 01:38:21.439
<v Speaker 1>of the Muslim Nazis. Yes, it's really happening, So thank

1429
01:38:21.479 --> 01:38:24.840
<v Speaker 1>you again for listening, and please stay tuned.
