 The David Feldman radio program is made possible by listeners like you, you sad pathetic humps. Donald Trump said yesterday that the only way to stop corporations from hiding money overseas is By lowering taxes right and the way to end murder is by legalizing it This is the David Feldman radio network Listeners to this show will be Sad for me to tell you that we lost a friend to Gary Shapiro was buried yesterday Gary was no stranger to this program. He hosted it. He would do song parodies he was a constant companion to me and people like Paul Provenza, you might have remembered him from the green room Gary was a comedian a comedy writer a musician a Cantor and a rabbi who never had a bad word to say about anybody he Probably was the most loved person in our community on this show and in Los Angeles and We lost him Last week. I don't know what happened. He was about my age and if you want to Familiarize yourself with Gary Shapiro Google him or look for his song parodies on YouTube or go to my website and type in Gary Shapiro and you can hear some of the episodes with Gary Shapiro the story I always tell about Gary Shapiro when we were doing green room for showtime Gary was working on it and he attended the after-party One of my sons was being bar mitzvah at the time. He was studying the Torah and we looked over at the party and Gary Shapiro in his left hand had a corned beef sandwich in his right hand he had a glass of scotch and somebody was putting a Hash pipe into his mouth and I pointed to Gary and said to my son now that's a rabbi Gary was a Cantor a rabbi and Just we all loved him was the easiest thing to do in the world was to love Gary Shapiro and I'll play some of his song parodies next week But Yeah, Gary Shapiro Was and is a miracle a Miracle the David Feldman radio program is made possible by listeners like you you sad pathetic humps Yes, I'm back. I've been away. I just haven't been paying attention to the news. I have been paying attention to the news I just don't want to talk about it because it kind of felt like a Bad relationship Trump and the Republicans a guy who just keeps Punching you and you keep asking why he's punching you or talking about Each punch as though they're they're different These are just murderous violent people, but now I want to punch back Trump's chief of staff rinse pre-bis who as we all know killed 14 male prostitutes in April said yesterday that he's looking into changing libel laws for press outlets Chief of staff rinse pre-bis the murderer of 14 male prostitutes in April is looking into Ways the Trump administration can change libel laws and Prosecute members of the media Meanwhile, Donald Trump gave an interview where he said hey, what's the deal with the Civil War and why did we have to fight it? Why couldn't we have worked it out? You know a deal I couldn't somebody like Andrew Jackson and made a deal You know it's too bad Trump wasn't around to work out a deal back during the Civil War like letting the South secede On one hand, there'd be no south, but on the other hand Hillary would be president Trump actually asked Yesterday why America had a civil war and you know all he has to do is stay in office for a few more months And he'll find out why America had a civil war. Trust me people are pissed off yesterday was Mayday Look at the streets People were pissed off and they still are More bad news for Fox News bill shine was fired shine was right underneath Roger Ailes Because he was the only one over at Fox News willing to filate Roger Ailes shine is gone. Sean Hannity has been tweeting in the lead-up to shines firing that If shine is fired Hannity will leave Fox News Thereby marking the first time in history Hannity has ever said anything that I actually hoped was true Meanwhile Trump and the Republicans averted a government shutdown by Shutting down everything Donald Trump stands for there's no funding for Trump's border wall No provision to defund Planned Parenthood 99% of the funding for the EPA will stay intact There is no deportation force. We still have ice But Trump had promised to create a deportation force to assist ice in separating Undocumented workers from their children Medicaid subsidies for Obamacare are staying put Trump had threatened to cut funding for the National Institutes of Health Because why do we need the National Institutes of Health? Well to keep the government open they agree to a two billion dollar increase for the National Institute of Health the new Continuing resolution to keep the government open has no provision in its defund sanctuary cities Think progress has done a study. It's out this week There are 180 members of Congress who are climate change deniers all of them are Republican 180 members of Congress are climate change deniers. They are all Republican and guess what? They've all received a total of 82 million dollars from the fossil fuel industries Isn't that interesting? We talked about this last week about how people are just paid to lie Even though we know it's not true They will lie for a price and think progress has a study out that shows that The 180 members of Congress all Republican who deny the science behind climate change They are on the take. They are receiving 82 million dollars from fossil fuel industries meanwhile 2017 is turning out to be the second warmest year on record Last year the earth reached record levels of carbon dioxide but we still have Republicans willing to take money from the people who are heating up the planet So nothing is being done. And so the flooding begins 15-year-old Jordan Edwards a young African American was killed by police Saturday night in Balch Springs That's a suburb of Dallas, Texas According to the Washington Post 15-year-old Jordan Edwards is now the 105th black person to be killed by police in the United States this year 15-year-old Jordan Edwards was at a party. He was sitting in a car unarmed with his brother and friends According to reports there was no fighting no drinking None of the cars other occupants were arrested The identity of the officer who killed him is unknown Donald Trump was interviewed by CBS's John Dickerson in the Oval Office on Monday Dickerson asked Trump about whether or not he believed Obama tapped his phones and Whether or not Trump still believed that Obama was mentally unbalanced Dickerson asked you do you stand by that claim and Trump said I don't stand by anything. I just You can take it the way you want. I think our side has been proven very strongly and everybody's talking about it Dickerson pressed. He said do you do you stand by your claims that Obama tapped your phone and that he's insane and Trump replied I don't stand by anything and this interview is over big tough guy in the Oval Office literally then Went back to his desk and wouldn't talk to anybody because you know, he's a spoiled baby So later on in the day there was a press conference Sean Spicer was then asked by a reporter quote the president said I don't stand by anything How is the American public supposed to digest that? You know, how are we supposed to trust what the president says? When he himself says of his own comments, I don't stand by anything Sean Spicer replied. I think the point is he clearly stands by that That's something that's been made very clear if you look at the entire back-and-forth exchange between John Dickerson Spicer is saying when Donald Trump says I don't stand by anything. We stand by that This is the David Feldman radio network Time once again for Tuesdays with Corey Professor Corey Brett Schneider teaches constitutional law at Brown and I've somehow convinced him to come on this show once a week To give me a five million dollar legal education. That's how expensive a law education has gotten It has doubled since the last time the professor has been on my show. That's a special price for you five million My mother says I'm disrespectful to you she listens and she says You need to call him Pontiff not Corey not professor. She said Any man with your credentials and patience Is it should be the Pope today? We're going to talk about libel laws and President Trump and the Constitution Your brief your friend of the court brief on the travel ban opposing it first up Ryan Seacrest has been named Kelly Rippa's co-host On Monday, what are your thoughts professors? Is this good for the Constitution of Ryan Seacrest? Is he doing too much? I just love that you begin with the most important pressing issues of the day and I have three points about Is there is there the first amendment is Is there ever an overabundance of speech with Ryan Seacrest that the guy has a radio show TV shows there's gonna be on Kelly. Is there any way to protect the American people from too much of one person speaking? Well, I don't know I guess the thing that the first amendment protects the most is viewpoint And so I don't know if what he's saying has is enough to qualify as a viewpoint So that might be our first question But I really listened to him so little Maybe three seconds at the most they could not give an informed opinion Hey, and culture. Yeah, I wanted to clarify something. Yeah, we found out that and Cultures speech was charging $20,000 to speak at Berkeley and it was being paid for by young Americans for freedom and bridge USA Outside outside groups coffin up the money. Yeah, is that still a first amendment issue? Um That's interesting. I mean, I think it is because the it was still an invitation by well I I'd have to think about it But the fact that it was money that was being funded to a Berkeley group I think that would be enough to say that the state is involved that there was state action and the Retraction I guess to now that I think about it of the Invitation if it came from Berkeley Rather than from that group then that's enough for the state action I mean the institution was involved and I think that that makes it a first amendment first amendment case I hate to give anywhere else. I hate to give and culture more time than she deserves. Yeah Here's the issue though. Let me do this. Let's turn it into a hypothetical sure You have a state university, right? There is a group. Let's just say young Americans for freedom. It's a right-wing Republican Organization on campus mm-hmm, and they invite Ann Coulter and they're paying her through outside sources mm-hmm according to the first amendment, it's a first amendment issue because it's state funding Suppressing speech Yeah, the question. I mean Berkeley gets all sorts of money in donations by from private institutions I think I mean some of the money is public and then I know they do fundraising or they have a nonprofit arm but the question in the case would be whether or not there was a government actor involved in the decision to revoke the invitation and I think here Regardless of where the money is coming from the institution Berkeley did get involved in In that question so so that likely I mean we'd have to see more about the details But would be enough and I think too it's important, you know, I think I explained this last time That the worry is about suppressing private individual speech So if there was a restriction on the ability of a private a student group to invite her to campus The worry is that the government Berkeley is intervening in the private Individuals or private groups ability to hear somebody or to invite them and that's where the real first amendment worry comes If it was a you know commencement will Ann Coulter receive an award or not or something officially conferred by Berkeley You might be able to argue that this is Berkeley conferring an honor or the university speaking would be a way to put it in the technical terms of the university and Of the first amendment and when the university is speaking or when the state is speaking It does have the ability to pick and choose who to invite or who not to invite Because the idea is that the university or the state is trying to express its own values But this doesn't look like that kind of case. It looks like it was a private group within Berkeley or student group and and the government does not have the ability to suppress the Ideas or the invitations were the expression of private individuals or including students Let me if you don't mind sure I want to push back on this a little bit I was obviously without the first amendment. I'd be nothing why I am nothing, but I'd be even more of nothing Kyle you are something. Thank you college campuses if if I Fire a teacher I'm the chancellor of Berkeley. It's a state school, right and I'm also the president of Harvard, which is not a state school, but it does receive federal funding Same scenario Berkeley Harvard one's a state school one's Supposedly a private college. There is a professor who is teaching climate change denial At Berkeley I fire him mm-hmm, and I say you are teaching something that's inaccurate Can he challenge me and say I'm violating his first amendment rights in the Harvard case, you mean well Berkeley? Let's let's say Berkeley. Yeah. Yeah, I mean teacher firing is a different sort of case than Then students or private speech because they're an employee of the university as opposed to somebody who's just attending But yes, I there are protections certainly that are afforded university professors and Although it's a different kind of case Because Berkeley is a state institution the first amendment applies and you could bring a first amendment action In a private university as you said the structure is different now There are other protections for tenure for instance are contractual protections that come With with tenure for it in other areas of law that might protect your free speech depending on the on the University The University might have promised you basically free speech rights with tenure So, you know free speech has a lot of different ways to there are a lot of different ways to defend it legally and but in the in the public Institution case the the Constitution applies directly. So the first amendment might be your best option And so at Harvard The same thing stands you can fire a professor be or a teacher because you believe it's You're free to fire somebody for teaching the wrong things. Well, thankfully private universities and The AUP the organization the professors have lobbied for protections generally for professors part of it is that there's a norm of Free expression and free inquiry that comes from the profession of being a professor It doesn't make sense to have a university if there isn't free speech and free thought in academic inquiry and that also I think includes the ability to go beyond that if your university professor Now there are different ways to get that protection legally, but One might come with the contractual obligations of the university when it comes to tenure But it's not we're not in the realm of the first amendment anymore in the same way that we are in the case of a public institution But thankfully there are rights of professors against Universities legally as well and private institutions. It's just a different area of law and it's a good thing I mean, you can't have a university in my opinion without having free thought And the ability of a professor to honestly say what their what their research Demands they say and where their inquiry leads them is a state university Allow to ban somebody From the premises is the chancellor allowed to say I do not want this person on campus because they're not They're not they're not a student and they do not reflect the values of this university So I am banning and colter from stepping foot inside or on the property of Berkeley He I think they do do that I mean if certainly like from the dorms or from the buildings or if the part of the campus is private The university I think has the ability to control who's there and who's not For the purposes of doing the business of the university the worry here is that the you know This isn't just that they were worried that she was going to rob somebody the worry was that she was Disinvited because of the content or the viewpoint of what she says And you know, it is complicated because they were worried about security And so we'd have to see whether or not it was impossible to have her on campus Only because of the security concern But it you know, what's worrying to me about the case is that if she was banned no matter how vile her views are I have the ability and a student has the ability to Hear them and if the government in this case the institution of Berkeley was preventing her from coming on campus Because of the her viewpoint if that's what the inquiry revealed then then that would be a very serious violation of the First Amendment I hate what Ann Coulter says I hate the content of her views And I think she's deeply wrong, but she has First Amendment rights just like everyone In this country she has First Amendment rights. So is it fair to say that? Fraternity Mm-hmm invited her to speak at Berkeley. Yeah, is that pretty much what this group is? I don't think so. I thought they were a private Conservative group that was devoted to discussions of politics. I'm saying the the organization of Students at Berkeley who invited her to speak. Yeah, they're for all intents and purposes a club on campus, right? Correct and are the clubs do they have to if there are there are official clubs at the university they do you Have to apply to be Officially sanctioned by the university or can anybody set up a club? It I don't know the details of this club But there are clubs that are often receive funds from university from a student group and a lot of First Amendment cases involve issues around that Group seeks to become an official club and is denied or But yeah, I'm not I really don't know the details of this one, right? I'm just we're talking about a hypothetical, right case, so If let's say the school newspaper. There's an official school newspaper at Berkeley, right? They invite and culture to speak mm-hmm I hope that actually that's a bad example because that opens up a whole other Can of worms, but I guess the point I'm making is or the question I'm asking is Let's say there's a rugby team, right and they invite a stripper So they're fraternity to Strip mm-hmm, and I'm the chancellor and I say no you can't hire a stripper Is that protected by First Amendment rights? There's money, you know, they're giving her money. That's freedom of speech now There is a difference in the First Amendment between expressing a political view or an opinion The technical term that the court uses is a viewpoint and certain kinds of content and restrictions on viewpoints tend to be disallowed restrictions on obscenity in particular and That case seems to certainly be in the realm of obscenity are often more more tolerated So I I think you're there might be a case for the group that wants to involve invite Exotic dancers to campus or something, but it's weaker than it is in this case I mean, this is really about if it turns out that the worry about culture was her views That's worrying because the the whole idea of the I mean go back to the core idea of why we have this protection in the first Place it's that we want to allow for the protection of all opinions to be able to say them to hear them to have the free Inquiry that is necessary in a democracy and that's why it's not a just a sort of random Amendment the idea is that without being able to hear all viewpoints and Argue and say what you want including the ability to criticize the government criticize the Constitution On all sides, then we don't live in a democracy anymore, right? So that's why the rule is so strong in protection of Censorship against viewpoints. Yeah, I you know more about You know, this isn't false humility professor, but you know more about the Constitution than I do I know it's hard to believe Men's men's rain and you know more about the comedy world Men's is it called men's right? What is it? What does men's ray mean? Men's ray is usually in the criminal context at the mental state that's involved in a crime or okay, it's just a term for mental state if We kind of know that this wasn't about Ann Coulter speaking the same way Milo Yappinapolis the Breitbart editor who spoke or try to speak at Berkeley This isn't about freedom of speech it is about freedom of speech But the people who hired them to go to Berkeley Were screaming fire in a crowded movie theater, right? Um, I don't know I I you know there is the security concern and certainly there was violence when Around some of these incidents, but I think that we have to you know the whole idea of the university is that we allow free inquiry and If it's possible to provide security and also to have controversial speakers on campus then Berkeley I think is obligated to do that and they have a security challenge that they have to figure out But it's not acceptable to say that we're not going to have very conservative even fascist speakers Have the right of free speech Because it's too dangerous I think that would really give up on the idea that I as I said isn't just central to the first Amendment, but central to the idea of democracy and even if private universities aren't bound by the first amendment I think the very idea of a university Requires that kind of free inquiry and that they also have to figure out how to meet those security concerns We can't just give up on the idea that you have the right to say what you want and to hear everything Because there are challenges of security that those are going to arise in a term tumultuous time But those are the times when it's most important that we protect all viewpoints Free and let me get back to free inquiry. It wasn't free inquiry. She was charging $20,000 And it was being paid for by outside sources. Yeah, who are trying to prove a point right about The politically correct movement they they picked Berkeley as their beachhead, right? As I remember high school in order to have a club. You needed a faculty advisor, right? To well to reflect the the values of the institution and justify the purpose Right as I see the enculter case at Berkeley These were just a bunch of kids without I believe without a professor behind them without a Berkeley representative just a bunch of Fish out of water at Berkeley they decide to be conservatives and they Instead of studying they decide To let guys like David Horowitz or young american for freedom pay and culture to show up on campus It has nothing to do with free inquiry Well, it's not the university and it's not the university. There's no professors just a bunch of kids Yeah, I mean we talked about this last time I think part of the idea of the university is that you allow students the freedom to Have access to information and to ideas Now Berkeley, I'm sure like all universities has a process of applying for speakers or applying for speaker funds or applying for permits And if you could show in a way that had nothing to do with their opinions that they were violating those rules That would be one thing, but I haven't heard that in this case I think what they're worried about and you know, they would have a serious claim if this is true is that they're being Limited and their ability to do what any other kid on campus could do because of the Content of their views and as I said even though I deeply disagree with them I think they've got a right to uh to hear whatever they want Without censorship. This is the david feldman radio network That's all the time we have if you'd like to hear the rest of my conversation with professor Corey bretschneider, please go to david feldman show dot com You'll also see a contact button I answer all my emails from the kpfk studios in southern california. I'm david feldman The david feldman radio program is made possible by listeners like you You sad pathetic humps