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five and Erwinger is clear. There's a new accident Westboud two seventy five on the ramp ter Reed, Hartman and step found seventy one continues slow to seventy five through Blue Ash. It is National Hamburger Day, so why not celebrate today, if I sitting back with a nice juicy burger, add some cheese, some wet us, some onion, mayo and ketchup and mustard classic. Oh and don't forget to listen to the Judge. He's next on fifty five KRC, the talk station, wondering where he was going with that one.
Yeah, don't you let him have breakfast? Don't you feed the man.
Someone? I think someone goes back there and checks on him every twenty four hours just to make sure he's okay, you're on or beyond that we leave him to his own devices.
Anyways, Joe Strecker, bring him a cheeseburger, will you please?
Exactly? Judge Endedopolitano every Wednesday at this time on the fifty five k SEE Morning Show, which I love, love talking to the Judge, and I always appreciate getting your column. My apologies for not sending you an email in response, your honor. I failed to check my personal email yesterday evening when I was preparing for the show, so I
got your column this morning. But I'll tell you, always outstanding, always a wonderful read, always profoundly in line with our core principles and constitutional values, and well are god given rights which you bring up all the time. But before we get to that.
The column is about efforts by the and thank you for your kind comments, Brian, and you needn't reply every time you send it to you. You're the only one who does well.
I value our friendship and I think you know honestly, when again I read it, I'm always impressed by I just want to let you know. And sometimes I'll send a warning shot over the value. You know, some of my listeners are going to really take issue with this or just give your heads up, but no, I.
Times sometimes missus Thomas takes issue with it.
I don't know that she's ever been critical of your column. She has chimed in and said she agrees with you wholeheartedly. And I know you remembered that one before we dive in real quick here though, because it's along I think it's along the same lines. The Supreme Court the other day declined to review a free speech case involving a student who was kicked out of school for wearing a T shirt that said there are only two genders. And I was troubled by that because isn't it a scientific fact?
X X and Y and X and X in terms of the constitution or the chromosomal reality, that there are two genders and that they deemed it offensive in some way. Did you get a chance to see what the lower court said on that and the standard they apply to that.
Yes, yes, In fact, I discussed it this morning on NEWSMAXIM. We'll be discussing it again in about an hour. It's deeply disturbing. I would have joined the descent were I there of justice as Satomas and Alito. I'm really surprised at justice courts that truth the libertarian there. Now, this was not an opinion by the court. It was just a decision not to interfere with a lower court opinion.
But the lower court opinion really is grounded in another opinion of the Supreme Court called Morse against Frederick, better known by its absurd moniker Bong hits for Jesus. So
here's the history. In nineteen sixty nine, a young man last named Tinker wore a belt buckle that was a peace sign and the ward in des Moines, Iowa, and the high school suspended him and his parents suit who went to the Supreme Court very famous case Tinker versus des Moines, and the Supreme Court ruled, once you reach the age of reason, which is about age seven, you have the freedom of speech and you can wear whatever insignia you want unless it actually causes disruption. Okay, that
was the law until two thousand and twelve. Some crazy kid at a parade, not in the school, but a school parade across the street and up the block from the school, held up a sign meaningless sign that said, Bong hits.
For Jesus, I remember that right.
And he was suspended and he sued, and based on Tinker versus des Moines, he prevailed, and the Board of Education appealed, and he prevailed again. The Board of Education appealed again, and the Supreme Court reversed.
Do we lose him? Judge? Are you there?
Somehow? I lost you?
But you ended? The Supreme Court reverse.
We have to be disruption, but a fear of disruption is enough to suppress the speech of the student. On that fear, that subjective perception of school authorities was to the lower court rulings in this case involving the kid stating a statement that is either a fact or an opinion, but either way it's protected speech, but not not in this Massachusetts Town.
Well, I found the First Circuit's language very troubling along these lines, and I guess I'm paraphrase to a certain degree. I'm just reading from the quotes in the Wall Street Journal. Schools may ban passive speech message of the messages quote reasonably interpret any close quote to demean anybody's characteristics of personal identity, and if it's reasonably forecasted to poison the educational atmosphere due to its serious negative psychological impact leading
to substantial disruption. His shirt said there are only two genders? How could you come to that conclusion? My comment this morning was along the lines of, you know, there are idiots out in the world to believe the Earth is flat. If I had at T shirt that said the Earth is round, some unhinged, easily emotional flat earth out there could maybe qualify under this language. It seems so crazy.
This is very, very dangerous to allow the government to suppress speech on the basis of a subjective fear where there's no objective harm. But you know, even hate speech is protected. In my view, this statement is absolutely protected speech on the shirt of a then sixteen year old boy. I believe he's graduated by now, But This is what happens when the court tinkers no pun intended from the tinker vi.
Des Moines.
This is what happens when the court tinkers with the relationship between the government and the freedom of speech. This first Circuit, which is basically New England First CERD Court of Appeals opinion, is worse for a free speech than the Bong Hits for Jesus case is because they extend to the point of, well, if somebody reading your speech could be offended, we can suppress the speech. Good God,
that could be offended. As you say, a flat Earth person could be offended by the truthful statement that the Earth is not flat. And I don't want to get hung upon true. I want to get hung up on opinion. Opinions don't have to be true, they just have to be honestly held opinions to be protected.
Exactly, And turning over to your column which focuses on the endeavors of the Trump administration to crack down on free speech, there is I mean, if you want to protest Israel, you can protest Israel. If you want to say you're pro Hamas or pro Palestine, you can say it out loud. This is how the we filter through and determine the good guys and the bad guys based up our own personal opinions and viewpoints of life. And you know, thank god, we have the ability to do that.
So that way, when a Nazi stands up and says I'm a Nazi, we at least notice who the state of Hell away from fact, but.
There's a Supreme Court opinion I'm forgetting the name of it of relatively recent vintage, by which I mean post World War two, which stands for that proposition it is better to allow hatred out in the public. We know who the haters are and we know what they're saying, rather than if you suppress it, we don't know who they are, what they're saying, or where it's coming from.
That's a practical reason. The philosophical and juridical reason is Congress shall make no law bridging the freedom of speech. Doesn't no law mean no law. If it doesn't mean no law, if it means something else, then there is no freedom of speech. Then it's up to whatever the personality of the justices want.
But my understanding is somewhere there is a line that can be cross, and I've been arguing that you know, it's okay if you want to say pro power as Indian things are, gathering a group on a college campus. As long as you're following the legal rules that have been established. You can't take over and occupy buildings and prevent other students from the value of their tuition dollars correct, and you can't harm them.
You can't take over a building and guy disguise that takeover as free expression, because that is trespassing. That's combining a criminal act with a protected act. So when you combine the criminal act trespassing, taking over a building, kicking the dean out, disrupting a class, with the expressive act free Palestine or get rid of Palestine, whatever your opinion exactly, that does not remove the sting or the criminality from the criminal Act. Now that's been the law of the
land for a long time. But without that criminal Act, all speech is protected no matter who's a f In fact, one could argue, if the speech doesn't offend, what good is it?
I love it? Welcome to the fifty five KRC Morning Show. You're honor. Somebody's offended about what I say on a daily basis, So anyway they fall into the category of batcrap insane from my standpoint if they disagree with me. But that's that's a okay. We have different types in this world.
Now.
I guess that the Trump administration, though, is saying that they have failed to protect Jewish students. Now, if we cross that line, occupy, prevent Jewish students from getting into class, harass them, harm them in some physical way, then then that line has been crossed. But can you, you know, defund a school for their failure to act on these independent actions of the students. I mean, how do we how do we know?
The defunding is very problematic under the law because the vast majority of federal funding, let's take Harvard, doesn't go to Harvard as an institution. It goes to the independent researchers who work at Harvard. They're the ones who apply for the grants, They're the ones who propose what the money will be used for, and they're the ones whose proposals have been approved. The cash does go to Harvard,
and then Harvard pays these researchers. The researchers are typically professors, researchers, doctors working in labs. They have nothing whatsoever to do what's happening in Harvard Yard or disciplining students. Yet they're the ones being punished, and you could argue even though I have a serious question with aid education because it's not in the constitution, amen depriving all of us of the fruits of their research. So this is a troublesome area that the courts are going to have to unwind.
I think a federal judge did the right thing by enjoining the President from suspending the aid until you can figure all of it out. You know, this is vicarious liability. You're going to punish doctor Jones because of the decision of Administrator Smith making up these names obviously to show there's two different people, two different lines of authority. The researcher has nothing to do with the demonstrations on the campus, but that's the person who's being denied a livelihood.
Fair enough and well explained. As always, Judge Ennenapaoulitano, can't thank you enough for the time you smoke my listeners to me on the program. I certainly value your time and who you talking to today.
I have the great Colonel Douglas McGregor at eleven o'clock and ex CIA official Phil Geraldi of.
Three Judging Freedom. Search for the podcast and hear what the judge has to say when he's not on the morning show until next week. My friend, it's always a pleasure.
Thank you, Brian, all the best.
Thank you, sir.
Please get Ingram a cheeseburger.
We'll take care of that right after the show's over. It's eight forty four at fifty five Karos DE talk station. I'll be right back.