How is it possible that the left is blowing it, like, completely blowing it? We will explain in 4 simple steps how the Left is destroying itself. The truth is, the left are really destroying its own capacity to stop President Trump. They ve been whining and bitching about Trump consistently since his election and far before, and now they finally have a two-week period where Trump is just going out and saying silly things after silly things, and the left can t stop themselves. They can't stop themselves because their entire endgame here is to castigate all of their political opponents as Nazis and Trump sycophants. And in their pursuit of that endgame, they are failing at a very simple task: not suck. There are four simple ways that the Left are failing to do this: 1. Pick unpopular issues. 2. Don t let unpopular issues distract you from the task at hand. 3. Focus on other things. 4. Don't let the unpopular things distract you. 5. Stop focusing on the things that don t matter. 6. Stop caring about other people and focus on what matters. 7. Stop worrying about what s not important. 8. Stop obsessing about things that aren t. 9. Stop getting distracted. 10. Stop letting other people s feelings get in the way of your own agenda. 11. Stop trying to do things you can t control. 12. Stop making other people's problems your problem, not your problem. 13. Stop being a distraction. 14. Stop doing things you don t care about. 15. Stop complaining about it. 16. Start being a problem you can't solve? 17. Stop talking about it And so on and so on, let s get back to work! Today's episode is a mashup of four simple steps to defeat the problem you're trying to solve, and get back on track. What do you need to do to stop the problem? How do you know you re going to win the next two weeks? What are you waiting for? Can you do it, then you can start getting back on the road to victory? You re not going to get there? ? Can t wait for the next four weeks of Trump s next episode of The Ben Shapiro Show? Join us in the next episode? Tweet me to let me know what you think of this?
00:00:17.000Okay, so many a thing to discuss, but the truth is that the left is really destroying its own capacity to stop President Trump.
00:00:24.000You know, they've been whining and bitching about President Trump consistently ever since his election and far before, and now they finally have a two-week period where Trump is just a gaffe machine.
00:00:33.000He's just going out and saying silly thing after silly thing, and the left can't stop themselves.
00:00:37.000They can't stop themselves because their endgame here, their entire endgame, is to castigate all of their political opponents as Nazis and Trump sycophants, and in their pursuit
00:02:22.000The Democrats are coming off a two-week period where the President of the United States pretended he didn't know what the alt-right was, and then said that there were very fine people at a torchlight rally with white supremacists.
00:03:37.000Okay, so, what that means, and you looked at the polls all during the election cycle, and what you saw was Trump was very consistent, always between 40 and 43 percent the entire election, until he got to 46 right at the end.
00:03:47.000Hillary Clinton was bouncing around between 50 and 39.
00:03:54.000So what Democrats seem to neglect, in all of their hatred of Trump, is that they have to not suck.
00:03:59.000And they are failing at this very simple task of not sucking.
00:04:02.000And there are four ways that they are failing at this very simple task.
00:04:05.000So the first thing they do is they pick unpopular issues.
00:04:08.000So recall all the way back to last week when President Trump gave his ridiculous press conference after he had already given a press conference where he made a very good statement about why he doesn't like the KKK and neo-Nazis.
00:04:42.000I can cut the Democrat ad for them, okay?
00:04:44.000The Democratic ad is Donald Trump saying, okay, it's a clip from the Charlottesville rally, the Friday night Charlottesville rally with all of the white supremacists and Richard Spencer and people chanting, Jews will not replace us.
00:04:55.000And then a clip of Donald Trump saying, very fine people were at that.
00:04:59.000And then a clip of Donald Trump with ex-congressional candidate shaking his hand.
00:05:12.000They decide that what is deeply important is to talk about Confederate statues, right?
00:05:16.000This is what they're going to talk about, Confederate statues.
00:05:18.000So they move from an issue where 95% of the population agrees, neo-Nazis, bad, and they move instead to an issue where 50% of the population thinks they're wrong.
00:05:28.000There's a Quinnipiac poll that came out yesterday showing 50% of Americans don't want to get rid of these Confederate memorials or don't care about it, and 39% say they want to get rid of them.
00:05:46.000And it's exactly what the alt-right wanted.
00:05:48.000Why do you think the alt-right rallied around a Robert E. Lee statue?
00:05:51.000You think they did it because they really care that deeply about a Robert E. Lee statue?
00:05:54.000The reason the alt-right and white supremacists rallied around the Robert E. Lee statue is because they were attempting to demonstrate to the public that there was a broad swath of people who agree with them.
00:06:03.000There aren't a broad swath of people who agree with them, but there are a lot of people who agree with them on the Confederate statue issue for different reasons.
00:06:10.000Not because they think that slavery was great, like some of the members of the white supremacist groups believe, but because they believe that this is part of American history.
00:06:17.000Don't wipe away American history just because it's uncomfortable.
00:06:43.000Do we talk about why white supremacism is bad?
00:06:45.000No, we have a nationwide conversation about the Confederate flag, which literally millions of people do not hold in contempt and do not think connect with white supremacism.
00:06:54.000Because the left constantly is trying to broaden out their agenda.
00:06:57.000They can't just target the people we all agree suck.
00:06:59.000They have to instead try to lump in all of the people they don't like with all the people that we all agree suck.
00:07:05.000They have to make that into one giant group.
00:07:07.000So, their first step, the first step in the Democratic failures, they pick unpopular issues.
00:07:11.000So here are two issues that are unpopular that they've picked.
00:07:13.000They've picked the Confederate flag issue, the Confederate statue issue, even Chris Matthews.
00:07:21.000Even he recognizes that all of this stuff about the Confederate statues has no limiting principle, meaning that the same people who want to rip down the Confederate statues want to get rid of the Washington statues, as Trump said, and the Jefferson statues, and now they want to get rid of the Columbus statue in Columbus Circle in New York.
00:07:36.000The reason there's a statue to Christopher Columbus is because it was a great thing for the world that Western civilization discovered the Americas.
00:07:43.000Okay, it wasn't a great thing for a lot of the people who were living there, but it was a great thing for world history that Western civilization ended up discovering the Americas, which were a primitive place filled with peoples who had no concept of modern civilization.
00:07:57.000It doesn't mean Christopher Columbus is a wonderful guy.
00:07:59.000It doesn't mean he didn't commit any sins.
00:08:01.000It doesn't mean he didn't enslave the natives.
00:08:03.000He did all of these terrible things, but that's not what we're celebrating when we celebrate Columbus Day.
00:08:07.000We're celebrating the fact that Western civilization is good, even though there are evil things that Western civilization has done.
00:08:13.000But, the entire movement to rip down these statues,
00:08:16.000It's all about attempting to wipe away any history that people find gross because they can't just acknowledge Western— Here's the thing.
00:08:25.000There are a lot of people, like me, who say Western civilization is the greatest civilization in the history of the planet, bar none, by far, not close, and there are grains of evil embedded in it.
00:08:35.000And we've spent most of our history trying to wipe those away gradually.
00:08:39.000And then there are people on the other side who say Western civilization is bad, and racism, and bigotry, and slavery, these are inherent parts of the foundations of Western civilization, and that's why Western civilization is bad.
00:08:49.000So for people like me, I look at the Columbus statue, or a Washington statue, or a Jefferson statue, or even a Lee statue, and I say, this was all part of our history, and it's important that we respect the history enough to discuss it.
00:09:00.000Because this is all part of building a civilization.
00:09:02.000Even the nasty parts are part of building a civilization.
00:09:04.000This is what I think Katrina Pearson was trying to say, although she said it badly the other night.
00:09:08.000And the left says, all of these things are bad.
00:09:11.000Washington is bad, because Western civilization is bad.
00:09:31.000And the idea of going after slave owners, you'd have to basically take away our history, because the first six presidents or so had slaves.
00:09:40.000You'd have to go after people like Washington and, of course, all the Southern guys, all the ones who followed him, Madison and, of course, Monroe and the rest, and, of course, old Hickory, because it was Indian fighting and killing.
00:09:58.000Summit has to be de-celebrated, taken away from our site.
00:10:02.000Okay, one of the things that's fascinating here is there's a great divide between Chris Matthews Democrats and Al Sharpton Democrats, and it seems as though the Democratic Party is moving in the direction of Al Sharpton Democrats, not Chris Matthews Democrats.
00:10:14.000He's a crazy old kook who talks about coming out of the show, but he actually has a concept of what people in middle America are thinking.
00:10:22.000People like Al Sharpton don't, and so they are ensconced in this.
00:10:25.000I had a discussion with Don Lemon last night on CNN.
00:10:28.000And I explained to him that, you know, just because the media, people like Don Lemon, see the Confederate statue issue as black and white, no racial connotations, just a black and white issue, evil versus non-evil, that doesn't mean that's how Americans see it.
00:10:41.000And moving in that direction is actually a large mistake.
00:10:45.000Step one, again, for the Democrats is pick unpopular issues instead of popular ones.
00:10:48.000Here's another unpopular issue they've chosen to pick.
00:10:50.000There are hundreds of people, assuming these are all members of the left, not a lot of members of the right who would do this, who are rallying outside NFL headquarters because of Colin Kaepernick, who is a garbage quarterback.
00:11:02.000He had the worst quarterback rating of any quarterback in the league two years ago.
00:11:07.000He played like five games last year before he was benched in favor of basically some sort of poodle.
00:11:12.000I mean, he was such a bad quarterback that they basically took an inanimate object and stuck it behind center for the 49ers until he lost his job.
00:11:18.000So there's been this big rallying effect around Kaepernick and Democrats are pushing this.
00:11:22.000I'll explain that issue in one second, but first I want to say thank you to our sponsors over at Wink.
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00:12:43.000Okay, so the other issue that the Democrats have chosen to focus on in the last two weeks, instead of discussing why neo-Nazism is bad, God, you people are morons, is they've decided to talk about Colin Kaepernick, a guy who kneels for the national anthem, which is the only reason anyone thinks he's important.
00:12:59.000You know how many second string quarterbacks in America lose their job every year?
00:13:03.000A lot of NFL quarterbacks lose their job every year because they suck.
00:13:08.000Okay, Tim Tebow lost his job even though he took his team to the playoffs after winning a series of games.
00:13:13.000He couldn't throw a forward pass and so people said, okay, we're not going to give him a job anymore and now he's playing baseball for like the Class A New York Mets, essentially.
00:13:21.000The left, though, has decided that Colin Kaepernick, despite being world's crappiest quarterback, must have a job.
00:13:26.000You wonder why people like me stopped watching ESPN?
00:13:29.000Maybe it's because I got sick of ESPN devoting its entire channel to explaining why a guy who was barely drafted in the seventh round, Michael Sam, had to be employed in the NFL, and now they're devoting all of their time to why a guy who can't throw a pass in the NFL, I mean, threw some of the worst passes of the year last year, must have a job because he kneeled for the national anthem.
00:13:46.000So, Tariq Nasheed, who has the IQ of a kumquat,
00:13:50.000He tweeted out yesterday, I'm with CAP because white supremacy is not patriotism.
00:13:55.000And he wrote those all with capital letters and on different lines.
00:13:57.000I don't know if that's supposed to be some sort of acronym, but I'm not sure what W-S-I-N-P or whatever that was stands for.
00:14:05.000Eugene Gu, MD, no idea who this guy is, says, Blacklisting Kaepernick is completely un-American and proves why his protest is necessary.
00:14:15.000It's funny, all the same people who are complaining that Kaepernick is being blacklisted laughed when people said that Tebow was being blacklisted.
00:15:09.000Well, I mean, I have a feeling that it's not a black or white issue, but if you kneel for the national anthem, I'm going to say that you probably don't get to claim patriotism.
00:15:16.000I mean, like, again, there are certain unifying symbols.
00:15:20.000You either see America as a good development that is moving in a direction toward perfecting its ills, or you see America as inherently bad.
00:15:27.000Anil Dash, again, somebody I don't know, says, but so what, right?
00:15:29.000That's a millionaire NFL player using his celebrity to take a stand.
00:16:22.000And Francis Maxwell finally says, if people rallying to support a man who protested injustice upsets you, but the injustice doesn't, you are part of the problem.
00:16:30.000Again, name the injustice, and I am happy to protest it with you.
00:16:34.000But don't tell me that it's an injustice because a second string quarterback who can't throw a forward pass can't get a job because he also alienates fans because he sits for the national anthem.
00:16:43.000Okay, so again, that's step number one in the Democrats' plan to alienate all America, is to pick issues like Colin Kaepernick and Confederate statues.
00:16:49.000Okay, step two is to continue to pick the worst candidates you can possibly find.
00:16:53.000So, step two meant last year picking Hillary Clinton, and they're still trotting out Hillary Clinton as though she's a thing.
00:17:01.000The audio from her new book, What Happened, which I really think it should be called What the Hell Happened, but it's called What Happened.
00:17:07.000And here is audio of Hillary Clinton reading from What Happened by Hillary Rodham Clinton.
00:17:12.000The only book that she's ever going to sell, by the way, because all her other books are garbage.
00:18:18.000I mean, she would have done a lot better to strike back at Trump by using sort of Trumpian language, but she didn't.
00:18:24.000Also, I have a hard time believing that Hillary Clinton has a problem hanging around creepy men.
00:18:29.000Her husband is an alleged rapist, gang.
00:18:32.000Okay, if you're talking about people who have literally breathed down her neck, last time Bill Clinton tried to breathe down her neck, she tossed a lamp at him.
00:18:38.000So this routine where she was really victimized by Donald Trump because he was within four feet of her is really amazing.
00:18:44.000And this was the lady they thought was gonna win.
00:18:46.000They thought she definitely had to win.
00:19:04.000I think there are a number of factors, including Jim Comey, Putin not minding his business, third, the historical curse of third term.
00:19:14.000I think any of those things, if you could change them, she lost by 70,000 votes in three states.
00:19:19.000Okay, so, again, they're just going to keep complaining about this, which means they're going to keep picking bad candidates, because the closer they think this election was, the more they think that they don't have to change anything.
00:19:41.000This lady, who legitimately can't string together three tweets without making a big boo-boo.
00:19:45.000Kamala Harris was a garbage Attorney General, and now she's made her entire name on being a black woman in the United States Senate, saying things that are outrageous, and the entire Democratic Party cheers for her because intersectionality!
00:19:57.000Woo-hoo, she's black, she's a woman, woo-hoo!
00:20:00.000Okay, here is what the polls say about Trump versus Kamala Harris.
00:20:40.000Okay, step three I will get to in just a moment.
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00:22:33.000Most Americans are not interested in shutting down free speech.
00:22:37.000What's funny is that overall, most Americans are not interested in shutting down free speech, but they're all in favor of shutting down speech from the other side.
00:22:42.000So this is why we have checks and balances in this country.
00:22:45.000It's why we have a Bill of Rights in the first place.
00:22:47.000If it were up to people on the right, there was a poll that said that, I think it was a plurality of right-wingers would be in favor of shutting down CNN.
00:22:53.000A poll on the left, I'm sure, would be a plurality would be in favor of shutting down Fox News.
00:22:57.000We're all in favor of shutting each other up.
00:23:05.000And that is the protection for free speech.
00:23:07.000We can't rely on each other's goodwill and good nature to protect each other.
00:23:11.000We have to rely on the fact that we know that if we attempt to encroach on somebody else's free speech, they will encroach on ours.
00:23:17.000Well, the left has decided this is now going completely out the window.
00:23:20.000There was an op-ed in the Washington Post, I think yesterday, talking about how free speech should go by the wayside for certain college speakers.
00:23:33.000So here, for example, is a columnist from Law News, which is supposed to be a legal outlet.
00:23:38.000Her name is Elora Nanos, and she was on with Tucker on Fox News last night.
00:23:42.000And here she is basically saying that free speech should not be defended if it's speech that she doesn't like.
00:23:49.000In many of these cases with these white supremacist groups, if you look at their mission statements, you will see that their underlying mission basically is genocide.
00:23:57.000So if that's what they're trying to do, it has to be taken in that context.
00:24:02.000Okay, so just because their underlying mission is gross does not mean that they are actually violating free speech protections.
00:24:31.000On ABC, there is this commentator whose name is, she's the senior White House correspondent actually, named Cecilia Vega, and she was on Good Morning America, and she suggested that Trump's speech, in which he ripped on the media, should actually be illegal.
00:25:03.000This was an assault that went on and on and on.
00:25:05.000And, George, I've got to tell you, this one felt different.
00:25:08.000It really feels like a matter of time, frankly, before someone gets hurt.
00:25:11.000Okay, so I love that the left is willing to say this.
00:25:13.000It was only a matter of time until some Bernie Sanders supporter snapped and tried to shoot a bunch of Republican Congress people, but you didn't hear any of this talk from the left.
00:25:44.000Man that is totally, totally out of control and engaged in rhetoric that slams the press, which by the way happens to be the very first thing that a dictator will do to secure his position, is to delegitimize the press.
00:26:00.000And Trump has been at that for his entire campaign, in fact his entire
00:26:06.000He must be shut up because he's trying to delegitimize us!
00:26:10.000This nonsense where the left suggests that everything the right says is incitement.
00:26:13.000Listen, I don't like a lot of what Trump said at that rally.
00:26:15.000I talked about it on the show, but it was not incitement.
00:26:18.000You know, later in the show I'm going to do the big ideas, what we do on Thursdays here.
00:26:21.000I'm going to explain to you what the legal standard for incitement is, so that you know.
00:26:24.000So that you don't fall prey to the stupidity of people who say things like, fire in a crowded theater and have no idea what the hell they're talking about.
00:26:30.000I'm going to give you the full background on what the law says about all of this.
00:26:34.000Suffice it to say, what Trump did the other night was not actual incitement.
00:28:09.000And we are the largest and fastest growing conservative talk show podcast on the interwebs in America, in the world, in the universe, anywhere.
00:28:27.000All right, so we're now finishing the square dance of idiocy from the Democratic Party, how they are blowing all of their political capital on nonsense.
00:28:35.000Again, pick unpopular issues, pick crappy candidates, be a fascist, and finally, claim you are objective.
00:28:41.000So last night, I was on CNN with Don Lemon.
00:28:43.000And Don Lemon, you recall, we played it on the show.
00:28:46.000The night before, he had gone on this long rant about Trump, how Trump was crazy, and how Trump was attacking the media, and how this was evil and insane, and how he was mentally unstable and all.
00:28:55.000So I was on with Lemon, and I said to Don, Don, I don't think that you're doing yourself a service when you do this.
00:29:01.000Trump's entire case is that you guys are emotionally biased against him, that you have an animus against him, a specific hatred for him, and that you react emotionally to everything he says, and that you don't give him a fair shake because you don't like him.
00:29:15.000And Don says, no, no, no, it's not that I don't like him, I just think that he lies.
00:29:17.000I say, well, then why don't you just fact check him in calm and clean manner instead of questioning his mental health, for example.
00:29:23.000And then I said, listen, his whole case about Confederate statues, for example, is that you are stumping for a position while proclaiming that you're not.
00:29:30.000And Don says, well, you know, I have a view on it, but that doesn't make me biased.
00:29:33.000I say, well, Don, let me ask you a question.
00:29:35.000Do you want the Confederate statues to go down or not?
00:29:37.000And Don gives a long explanation about why Confederate statues are evil and racist.
00:29:42.000And then he says, but I don't really have a perspective on it.
00:29:55.000I don't spend a lot of time on this program ripping on MSNBC.
00:29:58.000I spend a lot of time on CNN or the New York Times or the Washington Post, because MSNBC does not claim to be objective.
00:30:04.000I laugh at the people on MSNBC, but I don't spend a lot of time trying to suggest that they are doing something dishonest, because they're not.
00:30:09.000If Rachel Maddow says I'm of the left, here's my perspective.
00:30:14.000If people on CNN say, I have no perspective.
00:30:17.000I am just, I was bestowed by God with the wisdom and ability to objectively remove myself from situations and speak clearly and truly about things without dint of perspective.
00:30:29.000And so you see the same media claiming their objective, going nuts on Trump, and this allows Trump to win.
00:30:35.000Trump's entire battle against the media is lent credence by the ineffective silliness of the media claiming that they're objective.
00:30:42.000So Anderson Cooper, who claims he's an objective journalist, this was last night on his show.
00:30:46.000Does this look like someone who's objective with regard to Trump?
00:30:49.000Supporters of the president say his base doesn't care if the president lies or not, and many Republicans believe him over the media reporting about it.
00:30:56.000But even those who don't care if he lies have to at some point wonder, what drives it?
00:31:01.000What is it that makes someone so uninhibited, so untethered by facts and the truth,
00:31:06.000Not just in random tweets pounded out in the early morning hours while the president's watching morning news programs, but in settings like last night, lying directly to those who support him the most.
00:31:15.000As one Trump biographer who joins us later tonight said, it might be fruitless to get inside the man's head, better just to look at what he does.
00:31:22.000And when you do that, a thread becomes clear.
00:31:25.000Whether it's insisting his inauguration crowds were the biggest, even though they weren't.
00:31:28.000Or that he won a historic electoral vote victory, which he didn't.
00:31:31.000Or that he said all the right things about a victim of domestic terrorism when so many Americans clearly believe he did not.
00:31:37.000With President Trump, there's always one constant.
00:31:42.000What Anderson Cooper is saying, forget about whether it's true or false for a second because I think some of the critique here is actually not wrong.
00:31:47.000I think some of it's overblown, but I think some of it's right.
00:31:49.000I think Trump obviously is an incredibly narcissistic guy.
00:31:52.000A very egocentric guy who takes himself far too seriously.
00:31:59.000Anderson Cooper is a quote-unquote journalist.
00:32:01.000He's a quote-unquote objective journalist.
00:32:03.000The media, by proclaiming that they are objective, end up destroying their own credibility because how can we trust them to tell us the truth when they're not even telling us the truth about themselves?
00:32:12.000Joe Scarborough makes the same mistake.
00:32:14.000Joe Scarborough's a little better because at least Scarborough is pretty clearly an opinion guy.
00:32:18.000But, you know, Scarborough, I mean, you talk about credibility problems.
00:32:21.000Listen, I don't mind Joe Scarborough all that much from time to time, but this is a guy who spent a lot of the primary season telling us how Donald Trump was wonderful and great and shorting it up with him and doing full events with him, and now look at him.
00:32:32.000James Clapper said in August 2017 was identical to what Michael Hayden warned about in August of 2016.
00:32:40.000And you know, you can go back and look at the transcripts.
00:32:59.000Okay, again, this lament would have more teeth if you hadn't propped the guy up for a year.
00:33:05.000When the media do these sorts of things, all they end up doing is promoting Trump, because Trump says, you guys are dishonest, and he's right.
00:33:10.000There is a baseline level of dishonesty with the media.
00:33:12.000The problem for Trump is that his critique goes further than that.
00:33:14.000He says, not that you guys are dishonest about yourselves, but everything you say is infused with lies.
00:34:16.000By refusing to acknowledge their own bias, all they're doing is lending Trump credibility.
00:34:20.000The more animated they get, the more emotional they get, the less they engage in fact-checking, and the more they engage in shouting and screaming, the more they end up destroying their own credibility and lending credence to everything that Trump accuses them of.
00:34:31.000It's when I said to Lemon last night, I said to Don, listen dude, you actually want to defeat Trump?
00:34:37.000If you actually want to defeat Trump, all you have to do is something very simple.
00:34:40.000Turn the emotion down to one, and turn the fact-checking up to ten.
00:34:42.000Because right now, all I'm hearing is the fact-checking at one, and the emotion at ten.
00:34:46.000And that's what everyone else is hearing too, and so it sounds like you guys are just slap-fighting each other.
00:34:50.000Okay, time for some things I like, things I hate, and then I'll explain to you, in the Big Idea, what the legal standard for actual incitement is under the Constitution.
00:35:00.000So thanks to President Trump looking directly into the solar eclipse, like Emperor Maga Maga, we are doing things related to blindness this week.
00:35:09.000And the most famous blind person in history is, of course, Homer, and his best book is The Iliad, the epic poem The Iliad.
00:35:16.000It really is an easy read, believe it or not.
00:35:18.000I know a lot of people don't like to read poetry, but it's not really poetry.
00:35:21.000It's an adventurous story that's told in meter, and it is fantastic.
00:35:24.000The reason that it's told that way, of course, is because originally it wasn't written.
00:35:27.000Originally, it was essentially a song.
00:35:29.000And people memorized it and handed it down, just like there are portions of the Bible that are sung because it was easier for people to remember.
00:35:36.000That is also true with regard to—a lot of ancient literature was written in meter and poetry.
00:35:42.000It's one of the reasons why, for example, when you read the Bible, the way that it was handed down, there's an actual song to it.
00:35:48.000Like when I did my Bar Mitzvah Parsha, and when I did my portion, my Torah portion from the Bible, there's an actual tune that you're taught, and so you can actually remember what it is that you're reading.
00:35:57.000When you read from a Torah scroll, not to get sidetracked, but when you read from a Torah scroll, there are actually no vowels and there's no punctuation.
00:36:03.000So that means they actually have to memorize the vowels and the punctuation.
00:36:06.000That's because of oral transmission for thousands of years.
00:36:08.000It's actually very expensive and difficult to write a Torah.
00:36:11.000Okay, the same is true for the Iliad, where a lot of it was memorized and handed down, but it is a wonderful expression of the ancient ideas of heroism and valor, and a fascinating look into the ancient world, the Iliad.
00:36:23.000So go and get a copy of it and check it out.
00:36:28.000So yesterday, I have to say, my listeners are just fantastic.
00:36:31.000So yesterday I called on you to go out and please make me some videos of the most wonderful, most wonderful video that I have seen in the last year.
00:36:42.000And that was this Antifa protester getting knocked right in the balls by a gas canister.
00:38:43.000Looks like Trump is knocking the golf ball right into this guy's crotch.
00:38:46.000Okay, uh, and then somebody did the the ever-present internet classic that is the mashup of the Titanic music with, uh, with pepper balls, which is what this guy has now been called.
00:39:17.000Again, I think the best thing about this is Colin Kaepernick apparently found a job rushing this guy off the field to play after this happened.
00:39:24.000Okay, and finally, the one that I requested and I must have gotten.
00:39:27.00010 to 15 people who actually went ahead and did this independently of one another.
00:39:30.000Sorry we couldn't coordinate it, but credit to all of you.
00:39:38.000This is Pepperballs, set to Whitney Houston's I Will Always Love You.
00:39:44.000You just saw one of the protesters go up there and actually kick a can of that.
00:40:06.000okay i'm sorry i need to watch that one again i'm sorry we're gonna do it again play it again run it back yeah you just saw one of the protesters go up there and actually kick a can of that
00:40:25.000Oh, it's not often you get to laugh at somebody's pain.
00:41:47.000OK, and then he went on to say that he said, I am deeply concerned I had the authority and the power to wake up one morning and say I'm done.
00:41:59.000That your goal here, in a service like CloudFare, which is not an ideological service, and you didn't have any preconditions as to what could be posted, obviously.
00:42:07.000I assume they still host a bunch of bad sites, things that most people would consider bad.
00:42:11.000If you are essentially posing yourself as an open server and then you're banning people, it's not illegal.
00:42:31.000I think there are things like Daily Stormer that virtually everyone agrees are garbage, but opinions change, right?
00:42:37.000I mean, the fact is that now, if you are anti-same-sex marriage, you are considered so bad that they're going to get rid of you at Mozilla, right?
00:42:44.000So where does the standard actually take place?
00:42:46.000I think this is dangerous, dangerous thinking.
00:42:47.000Okay, so I want to get right to the big idea because I think it's actually important to discuss this.
00:42:52.000Today we're going to discuss incitement.
00:42:53.000You've heard the phrase, shouting fire in a crowded theater.
00:42:56.000This is what people use as an excuse to shut down free speech.
00:42:58.000Oh, the government should be able to shut you up, because it's just like shouting fire in a crowded theater.
00:43:03.000No, the point of shouting fire in a crowded theater is that you are, number one, saying something that is untrue, because if there actually is a fire, then you have to shout fire in a crowded theater.
00:43:12.000But number two, if you shout fire in a crowded theater, not only does it have to be untrue, it also has to present actual danger.
00:43:17.000The problem with doing it in a crowded theater
00:43:20.000is that presumably people will trample each other to get out based on a lie.
00:43:24.000It comes from a case called Schenck v. United States.
00:43:26.000There's a long history in the country of censorship, and then over time, censorship has actually gotten less stringent, not more stringent, in the United States.
00:43:34.000In this case from 1919, the court ruled that censorship under the 1917 Espionage Act under Woodrow Wilson, Democrat, was okay for a pamphlet from socialists claiming that the draft was a form of slavery.
00:43:45.000They suggested that the language created a clear and present danger of bringing about lawbreaking.
00:43:49.000And so Oliver Wendell Holmes wrote, the question in every case is whether the words used are in such circumstances and are of such a nature as to create a clear and present danger.
00:43:57.000So this created what they call the clear and present danger standard for what was not protected by the First Amendment.
00:44:03.000They create a clear and present danger.
00:44:04.000In 1923, there's another case called Gitlo versus New York.
00:44:28.000Oliver Wendell Holmes, the guy who wrote the Fire in a Crowded Theater line, he voted against this.
00:44:32.000He said that did not create a clear and present danger.
00:44:35.000Where this really was rebutted, where this entire line of argument was really rebutted, so when people say, fire in a crowded theater, it really doesn't apply anymore, that's because of a 1969 case called Brandenburg v. Ohio.
00:44:45.000Brandenburg v. Ohio was a case in which the Supreme Court held that speech tending to promote lawlessness or advocating illegal activity cannot be restrained by criminal laws unless the speech, quote, is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.
00:45:11.000And that it has to be likely to actually produce that, right?
00:45:14.000It's likely to incite or produce such action.
00:45:17.000So I have to make a strong case for why she should shoot Mathis, like he's doing a crappy job today, right?
00:45:21.000If I do that, then maybe it's illegal.
00:45:23.000But in this particular case, the court found that a KKK rally, where somebody talked about revenge against the president and Congress, if they continued their scheme of supposedly oppressing whites, they said that is not incitement under the law.
00:45:34.000So that's not incitement under the law.
00:45:36.000Nothing that you saw today, nothing from Trump, nothing from Bernie Sanders, nothing that has been said on this program, none of it's incitement.
00:45:42.000So next time somebody says fire in a crowded theater, suggest to them they don't know their law.
00:45:46.000The governing standard is imminent lawless threat, okay?
00:45:49.000The governing standard is imminent lawless action likely to incite.
00:45:52.000That's the standard under Brandenburg v. Ohio.
00:45:56.000The left likes to cite the Supreme Court.
00:45:57.000Okay, you can cite that case back to them, because that is the governing standard, not the old, clear, and present-danger standard that has largely been changed by Brandenburg.
00:46:04.000Okay, so we'll be back here tomorrow, and tomorrow, thank God, is a Friday.
00:46:07.000We're getting close to the end of the week, folks, so be here tomorrow.
00:46:10.000Make sure you subscribe so you can be part of the mailbag, and we'll see you then.