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<v Speaker 1>Channel nine says the following about the weather got to

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<v Speaker 1>mostly cloudy day to day highest seventy one, clouds over

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<v Speaker 1>night fifty six. Tomorrow's hight seventy five with sunny skies

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<v Speaker 1>until we get to the evening time agains clouds will

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<v Speaker 1>lends the possibility of rain overnight with a low of

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<v Speaker 1>fifty nine. Friday is going to be partly cloudy with

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<v Speaker 1>the highest sixty seven. It's right now sixty degrees in

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<v Speaker 1>time for chuck Ingram with traffic.

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<v Speaker 2>From the uc Hel Tramphic Center. You see health. You'll

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<v Speaker 2>find comprehensive care that's so personal it makes your best

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<v Speaker 2>tomorrow possible. That's boundless care for better outcomes. Expect more

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<v Speaker 2>at ucehealth dot com. Stap found seventy five getting better

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<v Speaker 2>through Westchester. Still slows through Walkland, then no longer in

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<v Speaker 2>delay through northern Kentucky. The earlier accident at two seventy

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<v Speaker 2>five and Erwinger is clear. There's a new accident Westboud

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<v Speaker 2>two seventy five on the ramp ter Reed, Hartman and

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<v Speaker 2>step found seventy one continues slow to seventy five through

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<v Speaker 2>Blue Ash. It is National Hamburger Day, so why not

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<v Speaker 2>celebrate today, if I sitting back with a nice juicy burger,

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<v Speaker 2>add some cheese, some wet us, some onion, mayo and

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<v Speaker 2>ketchup and mustard classic. Oh and don't forget to listen

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<v Speaker 2>to the Judge. He's next on fifty five KRC, the

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<v Speaker 2>talk station, wondering where he was going with that one.

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<v Speaker 3>Yeah, don't you let him have breakfast? Don't you feed

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<v Speaker 3>the man.

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<v Speaker 1>Someone? I think someone goes back there and checks on

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<v Speaker 1>him every twenty four hours just to make sure he's okay,

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<v Speaker 1>you're on or beyond that we leave him to his

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<v Speaker 1>own devices.

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<v Speaker 3>Anyways, Joe Strecker, bring him a cheeseburger, will you please?

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<v Speaker 1>Exactly? Judge Endedopolitano every Wednesday at this time on the

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<v Speaker 1>fifty five k SEE Morning Show, which I love, love

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<v Speaker 1>talking to the Judge, and I always appreciate getting your column.

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<v Speaker 1>My apologies for not sending you an email in response,

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<v Speaker 1>your honor. I failed to check my personal email yesterday

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<v Speaker 1>evening when I was preparing for the show, so I

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<v Speaker 1>got your column this morning. But I'll tell you, always outstanding,

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<v Speaker 1>always a wonderful read, always profoundly in line with our

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<v Speaker 1>core principles and constitutional values, and well are god given

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<v Speaker 1>rights which you bring up all the time. But before

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<v Speaker 1>we get to that.

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<v Speaker 3>The column is about efforts by the and thank you

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<v Speaker 3>for your kind comments, Brian, and you needn't reply every

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<v Speaker 3>time you send it to you. You're the only one

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<v Speaker 3>who does well.

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<v Speaker 1>I value our friendship and I think you know honestly,

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<v Speaker 1>when again I read it, I'm always impressed by I

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<v Speaker 1>just want to let you know. And sometimes I'll send

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<v Speaker 1>a warning shot over the value. You know, some of

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<v Speaker 1>my listeners are going to really take issue with this

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<v Speaker 1>or just give your heads up, but no, I.

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<v Speaker 3>Times sometimes missus Thomas takes issue with it.

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<v Speaker 1>I don't know that she's ever been critical of your column.

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<v Speaker 1>She has chimed in and said she agrees with you wholeheartedly.

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<v Speaker 1>And I know you remembered that one before we dive

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<v Speaker 1>in real quick here though, because it's along I think

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<v Speaker 1>it's along the same lines. The Supreme Court the other

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<v Speaker 1>day declined to review a free speech case involving a

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<v Speaker 1>student who was kicked out of school for wearing a

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<v Speaker 1>T shirt that said there are only two genders. And

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<v Speaker 1>I was troubled by that because isn't it a scientific fact?

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<v Speaker 1>X X and Y and X and X in terms

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<v Speaker 1>of the constitution or the chromosomal reality, that there are

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<v Speaker 1>two genders and that they deemed it offensive in some way.

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<v Speaker 1>Did you get a chance to see what the lower

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<v Speaker 1>court said on that and the standard they apply to that.

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<v Speaker 3>Yes, yes, In fact, I discussed it this morning on NEWSMAXIM.

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<v Speaker 3>We'll be discussing it again in about an hour. It's

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<v Speaker 3>deeply disturbing. I would have joined the descent were I

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<v Speaker 3>there of justice as Satomas and Alito. I'm really surprised

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<v Speaker 3>at justice courts that truth the libertarian there. Now, this

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<v Speaker 3>was not an opinion by the court. It was just

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<v Speaker 3>a decision not to interfere with a lower court opinion.

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<v Speaker 3>But the lower court opinion really is grounded in another

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<v Speaker 3>opinion of the Supreme Court called Morse against Frederick, better

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<v Speaker 3>known by its absurd moniker Bong hits for Jesus. So

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<v Speaker 3>here's the history. In nineteen sixty nine, a young man

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<v Speaker 3>last named Tinker wore a belt buckle that was a

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<v Speaker 3>peace sign and the ward in des Moines, Iowa, and

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<v Speaker 3>the high school suspended him and his parents suit who

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<v Speaker 3>went to the Supreme Court very famous case Tinker versus

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<v Speaker 3>des Moines, and the Supreme Court ruled, once you reach

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<v Speaker 3>the age of reason, which is about age seven, you

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<v Speaker 3>have the freedom of speech and you can wear whatever

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<v Speaker 3>insignia you want unless it actually causes disruption. Okay, that

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<v Speaker 3>was the law until two thousand and twelve. Some crazy

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<v Speaker 3>kid at a parade, not in the school, but a

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<v Speaker 3>school parade across the street and up the block from

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<v Speaker 3>the school, held up a sign meaningless sign that said,

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<v Speaker 3>Bong hits.

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<v Speaker 2>For Jesus, I remember that right.

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<v Speaker 3>And he was suspended and he sued, and based on

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<v Speaker 3>Tinker versus des Moines, he prevailed, and the Board of

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<v Speaker 3>Education appealed, and he prevailed again. The Board of Education

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<v Speaker 3>appealed again, and the Supreme Court reversed.

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<v Speaker 1>Do we lose him? Judge? Are you there?

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<v Speaker 3>Somehow? I lost you?

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<v Speaker 1>But you ended? The Supreme Court reverse.

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<v Speaker 3>We have to be disruption, but a fear of disruption

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<v Speaker 3>is enough to suppress the speech of the student. On

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<v Speaker 3>that fear, that subjective perception of school authorities was to

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<v Speaker 3>the lower court rulings in this case involving the kid

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<v Speaker 3>stating a statement that is either a fact or an opinion,

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<v Speaker 3>but either way it's protected speech, but not not in

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<v Speaker 3>this Massachusetts Town.

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<v Speaker 1>Well, I found the First Circuit's language very troubling along

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<v Speaker 1>these lines, and I guess I'm paraphrase to a certain degree.

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<v Speaker 1>I'm just reading from the quotes in the Wall Street Journal.

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<v Speaker 1>Schools may ban passive speech message of the messages quote

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<v Speaker 1>reasonably interpret any close quote to demean anybody's characteristics of

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<v Speaker 1>personal identity, and if it's reasonably forecasted to poison the

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<v Speaker 1>educational atmosphere due to its serious negative psychological impact leading

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<v Speaker 1>to substantial disruption. His shirt said there are only two genders?

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<v Speaker 1>How could you come to that conclusion? My comment this

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<v Speaker 1>morning was along the lines of, you know, there are

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<v Speaker 1>idiots out in the world to believe the Earth is flat.

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<v Speaker 1>If I had at T shirt that said the Earth

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<v Speaker 1>is round, some unhinged, easily emotional flat earth out there

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<v Speaker 1>could maybe qualify under this language. It seems so crazy.

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<v Speaker 3>This is very, very dangerous to allow the government to

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<v Speaker 3>suppress speech on the basis of a subjective fear where

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<v Speaker 3>there's no objective harm. But you know, even hate speech

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<v Speaker 3>is protected. In my view, this statement is absolutely protected

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<v Speaker 3>speech on the shirt of a then sixteen year old boy.

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<v Speaker 3>I believe he's graduated by now, But This is what

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<v Speaker 3>happens when the court tinkers no pun intended from the

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<v Speaker 3>tinker vi.

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<v Speaker 1>Des Moines.

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<v Speaker 3>This is what happens when the court tinkers with the

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<v Speaker 3>relationship between the government and the freedom of speech. This

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<v Speaker 3>first Circuit, which is basically New England First CERD Court

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<v Speaker 3>of Appeals opinion, is worse for a free speech than

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<v Speaker 3>the Bong Hits for Jesus case is because they extend

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<v Speaker 3>to the point of, well, if somebody reading your speech

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<v Speaker 3>could be offended, we can suppress the speech. Good God,

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<v Speaker 3>that could be offended. As you say, a flat Earth

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<v Speaker 3>person could be offended by the truthful statement that the

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<v Speaker 3>Earth is not flat. And I don't want to get

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<v Speaker 3>hung upon true. I want to get hung up on opinion.

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<v Speaker 3>Opinions don't have to be true, they just have to

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<v Speaker 3>be honestly held opinions to be protected.

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<v Speaker 1>Exactly, And turning over to your column which focuses on

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<v Speaker 1>the endeavors of the Trump administration to crack down on

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<v Speaker 1>free speech, there is I mean, if you want to

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<v Speaker 1>protest Israel, you can protest Israel. If you want to

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<v Speaker 1>say you're pro Hamas or pro Palestine, you can say

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<v Speaker 1>it out loud. This is how the we filter through

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<v Speaker 1>and determine the good guys and the bad guys based

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<v Speaker 1>up our own personal opinions and viewpoints of life. And

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<v Speaker 1>you know, thank god, we have the ability to do that.

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<v Speaker 1>So that way, when a Nazi stands up and says

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<v Speaker 1>I'm a Nazi, we at least notice who the state

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<v Speaker 1>of Hell away from fact, but.

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<v Speaker 3>There's a Supreme Court opinion I'm forgetting the name of

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<v Speaker 3>it of relatively recent vintage, by which I mean post

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<v Speaker 3>World War two, which stands for that proposition it is

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<v Speaker 3>better to allow hatred out in the public. We know

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<v Speaker 3>who the haters are and we know what they're saying,

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<v Speaker 3>rather than if you suppress it, we don't know who

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<v Speaker 3>they are, what they're saying, or where it's coming from.

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<v Speaker 3>That's a practical reason. The philosophical and juridical reason is

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<v Speaker 3>Congress shall make no law bridging the freedom of speech.

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<v Speaker 3>Doesn't no law mean no law. If it doesn't mean

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<v Speaker 3>no law, if it means something else, then there is

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<v Speaker 3>no freedom of speech. Then it's up to whatever the

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<v Speaker 3>personality of the justices want.

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<v Speaker 1>But my understanding is somewhere there is a line that

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<v Speaker 1>can be cross, and I've been arguing that you know,

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<v Speaker 1>it's okay if you want to say pro power as

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<v Speaker 1>Indian things are, gathering a group on a college campus.

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<v Speaker 1>As long as you're following the legal rules that have

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<v Speaker 1>been established. You can't take over and occupy buildings and

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<v Speaker 1>prevent other students from the value of their tuition dollars correct,

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<v Speaker 1>and you can't harm them.

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<v Speaker 3>You can't take over a building and guy disguise that

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<v Speaker 3>takeover as free expression, because that is trespassing. That's combining

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<v Speaker 3>a criminal act with a protected act. So when you

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<v Speaker 3>combine the criminal act trespassing, taking over a building, kicking

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<v Speaker 3>the dean out, disrupting a class, with the expressive act

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<v Speaker 3>free Palestine or get rid of Palestine, whatever your opinion exactly,

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<v Speaker 3>that does not remove the sting or the criminality from

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<v Speaker 3>the criminal Act. Now that's been the law of the

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<v Speaker 3>land for a long time. But without that criminal Act,

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<v Speaker 3>all speech is protected no matter who's a f In fact,

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<v Speaker 3>one could argue, if the speech doesn't offend, what good

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<v Speaker 3>is it?

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<v Speaker 1>I love it? Welcome to the fifty five KRC Morning Show.

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<v Speaker 1>You're honor. Somebody's offended about what I say on a

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<v Speaker 1>daily basis, So anyway they fall into the category of

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<v Speaker 1>batcrap insane from my standpoint if they disagree with me.

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<v Speaker 1>But that's that's a okay. We have different types in

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<v Speaker 1>this world.

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<v Speaker 3>Now.

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<v Speaker 1>I guess that the Trump administration, though, is saying that

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<v Speaker 1>they have failed to protect Jewish students. Now, if we

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<v Speaker 1>cross that line, occupy, prevent Jewish students from getting into class,

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<v Speaker 1>harass them, harm them in some physical way, then then

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<v Speaker 1>that line has been crossed. But can you, you know,

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<v Speaker 1>defund a school for their failure to act on these

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<v Speaker 1>independent actions of the students. I mean, how do we

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<v Speaker 1>how do we know?

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<v Speaker 3>The defunding is very problematic under the law because the

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<v Speaker 3>vast majority of federal funding, let's take Harvard, doesn't go

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<v Speaker 3>to Harvard as an institution. It goes to the independent

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<v Speaker 3>researchers who work at Harvard. They're the ones who apply

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<v Speaker 3>for the grants, They're the ones who propose what the

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<v Speaker 3>money will be used for, and they're the ones whose

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<v Speaker 3>proposals have been approved. The cash does go to Harvard,

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<v Speaker 3>and then Harvard pays these researchers. The researchers are typically professors, researchers,

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<v Speaker 3>doctors working in labs. They have nothing whatsoever to do

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<v Speaker 3>what's happening in Harvard Yard or disciplining students. Yet they're

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<v Speaker 3>the ones being punished, and you could argue even though

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<v Speaker 3>I have a serious question with aid education because it's

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<v Speaker 3>not in the constitution, amen depriving all of us of

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<v Speaker 3>the fruits of their research. So this is a troublesome

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<v Speaker 3>area that the courts are going to have to unwind.

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<v Speaker 3>I think a federal judge did the right thing by

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<v Speaker 3>enjoining the President from suspending the aid until you can

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<v Speaker 3>figure all of it out. You know, this is vicarious liability.

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<v Speaker 3>You're going to punish doctor Jones because of the decision

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<v Speaker 3>of Administrator Smith making up these names obviously to show

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<v Speaker 3>there's two different people, two different lines of authority. The

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<v Speaker 3>researcher has nothing to do with the demonstrations on the campus,

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<v Speaker 3>but that's the person who's being denied a livelihood.

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<v Speaker 1>Fair enough and well explained. As always, Judge Ennenapaoulitano, can't

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<v Speaker 1>thank you enough for the time you smoke my listeners

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<v Speaker 1>to me on the program. I certainly value your time

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<v Speaker 1>and who you talking to today.

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<v Speaker 3>I have the great Colonel Douglas McGregor at eleven o'clock

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<v Speaker 3>and ex CIA official Phil Geraldi of.

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<v Speaker 1>Three Judging Freedom. Search for the podcast and hear what

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<v Speaker 1>the judge has to say when he's not on the

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<v Speaker 1>morning show until next week. My friend, it's always a pleasure.

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<v Speaker 3>Thank you, Brian, all the best.

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<v Speaker 1>Thank you, sir.

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<v Speaker 3>Please get Ingram a cheeseburger.

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<v Speaker 1>We'll take care of that right after the show's over.

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<v Speaker 1>It's eight forty four at fifty five Karos DE talk station.

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<v Speaker 1>I'll be right back.