After a shooting in a newsroom, the media jumped to anti-Trump conclusions, Supreme Court talk heats up, and we ll check the mailbag. Plus, a new edition of Daily Wire Presents: Backstage with Andrew Klavan and Michael Knowles, to look back on our country s birth, and look ahead to its future with an ignoramus like Jordan Peterson, and a very well-informed Canadian like Jeremy Boring, who will be joined by special guest Jordan Peterson to celebrate Independence Day with us this Monday, July 2nd, with a live stream on the Daily Wire Live Stream Stream hosted by Daily Wire's own Jordan Peterson! Want more Shapiro? Subscribe to The Ben Shapiro Show on Apple Podcasts and leave us your thoughts and reactions in the comments section below. You can also join our FB group and join the conversation by using the hashtag on that hashtag , and find us on Insta . and tag Ben Shapiro so we can feature his work on our stories and videos! on the next episode of ! Subscribe, rate and review Ben Shapiro s show! and help spread the word to your friends about his new podcast! Thank you for listening and supporting Ben Shapiro! Love you, Ben Shapiro and all his work! - Your continued support is so appreciated. - The Weekly Standard - Thank you Ben Shapiro's work is so much appreciated, we make it real, it really does mean a lot to us. and we are so much more than you can do that we can be heard by us, too, we are grateful to you. thank you, thank you really really appreciate you, really really much, we really appreciate it, really deeply appreciate you. Ben Shapiro, too much, really means it, truly appreciate it... -- Thank you, very much, truly, really, truly means it. -- and we really do, really mean it, deeply appreciate it. Thank you... Thank you - Ben Shapiro & really, really Thank You, Really, really Really, Really Much, Really Thank You... - the whole world, really truly, truly Thank you ... - Eternally, Really Really, Thank you Again, Again, Really Good Morning, Really Truly, Truly, Thank You & Truly, Really Appreciate You, Truly Thank You ... Thank You - VOTED, Again & Truly -
00:00:21.000We're going to be joined by special guest Jordan Peterson to celebrate Independence Day because he's the world's foremost Canadian.
00:00:26.000God King Jeremy Boring is going to host a new edition of Daily Wire backstage with me and Andrew Klavan and the ex-Gribble Michael Knowles to look back on our country's birth and look ahead to its future with an ignoramus like Knowles and a very well-informed Canadian like Jordan Peterson.
00:00:38.000Subscribers will even be able to write in live questions for us to answer on the air again.
00:01:21.000A lot of the ones that you're seeing on the market, a lot of these omega-3s you see on the market, they are not pure enough.
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00:01:28.000It's so pure that you can do with it what they call the freezer test challenge.
00:01:31.000Basically, if you take any other omega-3 and you stick it in a freezer and you take it out, it's going to look cloudy because that's all the filler.
00:02:12.000Okay, so yesterday there was a horrific event.
00:02:15.000It happened at a newsroom in Annapolis, Maryland at a place called the Capital Gazette.
00:02:20.000Nobody's ever heard of the Capital Gazette newspaper because it's a local newspaper.
00:02:23.000And a shooter walked into the building and proceeded to gun down a bunch of people, killed at least five people.
00:02:28.000And this shooter was a peculiar human being, shall we say, aside from being evil.
00:02:33.000He apparently damaged his fingers so that he could not be identified.
00:02:36.000And then the investigators had to use facial recognition to identify him.
00:02:40.000And the shooter had a history with the newspaper, it turns out, because he had sued them in 2012 for defamation after there was a story by a person
00:02:48.000Who wrote for the paper about how this guy had basically harassed her online and then he sued for defamation and he lost.
00:02:55.000The Capital Gazette reported in 2015 the suspect's lawsuit against the newspaper had been thrown out by a judge because the article is based on public records and the suspect presented no evidence that it was inaccurate.
00:03:04.000The Capital Gazette reported at the time
00:03:07.000So why is this national news aside from the fact that it's yet another mass shooting on American soil?
00:03:10.000The reason it's national news is because everybody decided it was very important to jump to conclusions.
00:03:31.000So, a bunch of people decided online that they were going to jump to the conclusion that this person had been inspired by Milo Yiannopoulos.
00:03:36.000Now, I've been loathe to say the name Milo Yiannopoulos because I find him a loathsome human being.
00:03:41.000But Milo Yiannopoulos has been sort of an alt-right provocateur for several years.
00:03:44.000He's the kind of fellow who once sent me, on my son's birthday, a picture of a black child because I was a cuck, right?
00:03:50.000I was somebody who didn't care enough about the whiteness of the United States and thus I would not have minded if my wife slept with a black person and had a black child.
00:03:58.000That's the kind of person Milo Yiannopoulos is.
00:03:59.000Well, Milo had said a couple of days ago, he was in a couple of exchanges with journalists, and he had written back to a journalist that he hopes the journalist gets shot.
00:04:07.000So the entire left decided that this was Milo Yiannopoulos' fault, the shooting.
00:04:09.000And then they decided also that it was Donald Trump's fault, the shooting.
00:04:12.000This is before we actually knew why this guy had gone and committed the shooting in the first place.
00:04:17.000And as I say, it turns out the reason that he committed the shooting is because a nut job who had filed suit against the newspaper and had a vendetta against the newspaper.
00:04:24.000That did not stop the media from trying to blame Donald Trump
00:04:52.000I don't like anything that Bernie Sanders says.
00:04:54.000But we're on a very dangerous slope here if we're going to blame speech for the actions of people who are crazy who go out and shoot other people.
00:05:02.000Well, the administration immediately came out and condemned the attack.
00:05:05.000Of course, Sarah Huckabee Sanders was asked about it, and she condemned the attack.
00:05:08.000She said, And it wasn't just Sarah Huckabee Sanders.
00:05:35.000We're monitoring the horrific shooting at the Capital Gazette in Annapolis.
00:05:38.000Karen and I are praying for the victims and their families.
00:05:40.000We commend the swift action by law enforcement and all the first responders on the scene.
00:05:44.000Okay, so how did the media cover all this?
00:05:46.000Did they cover this as a nutjob went into a newspaper he had a vendetta against with a shotgun and murdered a bunch of people?
00:05:52.000No, they covered this as though it was Trump's fault, because they have no sense of perspective, because they have no sense of their own hypocrisy.
00:05:58.000These are the same people who are, in many ways, defending Maxine Waters and her call for sort of mob confrontation.
00:06:06.000A lot of these folks are the same people who are laughing about, you know, the various Kathy Griffin stunts with the heads of Donald Trump and such.
00:06:14.000These same people are saying that it is Donald Trump's fault when a person who is totally unassociated with Donald Trump goes out and shoots up a newsroom.
00:06:20.000And they dug up a tweet from 2015 in which the guy suggested that anti-Trump bias could be met with violence.
00:06:26.000But again, he had tweeted something like that.
00:06:31.000He had tweeted something to the effect of,
00:06:34.000Uh, that the, uh, he had tweeted something like, the newspaper was unqualified and it could end badly again.
00:06:40.000He tweeted something, the shooter tweeted, referring to Donald Trump as unqualified could end badly again.
00:06:45.000Okay, well, he wrote that in 2015, which is about the time that he had filed his lawsuit.
00:06:50.000His lawsuit against the newspaper had been dismissed, uh, and Donald Trump had filed a lawsuit against Univision.
00:06:55.000So basically, you know, the only threat that I can see there is a lawsuit threat, even though this guy was a complete nut.
00:07:01.000But a bunch of people in the media decided this is Trump's fault.
00:07:03.000Trump's language about journalists, the fact that journalists are booed at all of his rallies, the fact that people chant CNN sucks.
00:07:08.000This is responsible for some unrelated nut job going out and shooting up a newsroom, even though it's very obvious that this guy went and shot up the newsroom because he had a vendetta against the people at the newsroom.
00:07:18.000So Brian Stelter, for example, on CNN, he says this is the moment that so many journalists have feared.
00:07:23.000It's a moment that I think so many journalists have feared for a long time.
00:07:27.000Regardless of whether this newsroom was targeted or not, this has been a fear on many journalists' minds.
00:07:33.000Okay, so it's not a fear on many journalists' minds.
00:07:37.000As a journalist for nearly my entire life, an opinion journalist for my entire adult life, I can say that I don't have significant fear that people are going to randomly come into our Daily Wire offices and start shooting the place up, unless I were talking about an actual politically motivated attack.
00:07:49.000For Stelter to say that, as though journalists have a special fear, is just weird, okay?
00:07:53.000The fact is that journalists are not routinely targeted by the general public, and what he's really implying there is that the tenor of anti-media activity has grown so strong that people are going to go out and shoot people.
00:08:04.000So he's attempting to, in backhanded fashion, I think, blame President Trump.
00:08:09.000There's a political reporter, Josh Meyer in D.C., who tweeted something out similar.
00:08:13.000He said, every journalist and those who support us should retweet this.
00:08:15.000I can't think of a single other president in my lifetime who would have acted like this.
00:08:18.000Perhaps he fears questions about whether his anti-media rhetoric played a role.
00:08:22.000And that was Josh Meyer referring to President Trump being asked about the Maryland shooting.
00:08:26.000So here are reporters harassing Trump about the Maryland shooting yesterday.
00:08:30.000Any words about the dead in Annapolis?
00:08:35.000Any words about the dead in Annapolis, Mr. President?
00:08:39.000Can you talk about the active shooters in Annapolis?
00:08:42.000Can you please talk to us about the dead reporters in Annapolis?
00:08:49.000Okay, so the reporters are screaming at him and they're yelling at him.
00:08:53.000This happens virtually every day, okay?
00:08:55.000I've been to the White House several times and every day the president comes out and reporters scream at him and he doesn't answer their questions.
00:09:01.000It's actually pretty rare that the president breaks off and does like an impromptu press conference over this whole thing.
00:09:05.000He tweeted out what he thought about it, but this is being taken by Politico and others as evidence that Trump doesn't care if journalists get shot.
00:09:11.000And then Maggie Haberman, whose reporting I generally think is good, she came out and she did sort of the same thing.
00:10:13.000And again, it was many members of the media doing this routine yesterday.
00:10:15.000For example, the editor-in-chief of Reuters tweeted something out.
00:10:19.000Along these lines, this is the tweet from, this is 17.
00:10:22.000So this is the statement that was put out by Steve Adler, who's editor-in-chief of the Reuters, regarding the Rob Cox tweet.
00:10:28.000So the Breaking View's editor, Rob Cox, actually tweeted about the shooting in Annapolis.
00:10:32.000Let's see the tweet first, and then the response from Reuters.
00:10:34.000So he said, this is what happens when Donald Trump calls journalists the enemy of the people.
00:10:38.000Blood is on your hands, Mr. President.
00:10:40.000Save your thoughts and prayers for your empty soul.
00:10:42.000At least four people killed in Maryland newspaper shooting reports.
00:10:44.000Okay, so he's blaming President Trump for all of this, and the fact that the media are eager to leap to this.
00:10:49.000But, for example, when President Obama was incentivizing riots in places like Ferguson and Baltimore, or when cops were shot in Dallas, the media rightly said that this is not Obama's fault.
00:10:58.000It's not Obama's fault the cops got shot in Dallas by a Black Lives Matter ally.
00:11:04.000It's not even Black Lives Matter's fault, I think.
00:11:06.000But the media was in a real hurry to defend President Obama over that, but they are in a real hurry to blame President Trump for this particular shooting.
00:11:17.000Because if you're going to blame somebody for actual violence against somebody else, you ought to have some evidence that the violence is connected to the thing that somebody said.
00:11:23.000As in, journalist should be shot, somebody goes out, reads that tweet, says, great tweet, now I'm gonna go shoot journalists.
00:11:31.000But to connect vague language with regard to how much you dislike the media and how you hate the media with somebody going and shooting up members of the media, if we're gonna do that, then every shooting in the United States can be tied to somebody else's First Amendment-protected rhetoric.
00:11:46.000Incitement is not protected under the First Amendment.
00:11:47.000If I say, Mathis, shoot Senya, okay, that is not protected under the First Amendment.
00:11:52.000If Mathis goes and shoots Senya, I actually bear some criminal liability for incitement.
00:11:55.000Okay, but the same thing is not true if I would say, you know, Senya's a really terrible producer, and something bad should happen to Senya.
00:12:02.000Like, that's actually First Amendment protected.
00:12:14.000But all of this said, it's amazing to watch as the media immediately mobilize to make a narrative out of something that does not meet the standards for that narrative.
00:12:23.000Okay, in just a second, I want to talk about how the left is, again, embracing a certain level of violent rhetoric and violence that is really disturbing.
00:12:32.000They're going to talk about President Trump being violent in his rhetoric.
00:12:35.000The left certainly does not have clean hands on this.
00:12:38.000I have a clip from Michael Moore I want to show you in just a second all about this.
00:12:41.000But first, I want to say thanks to our sponsors over at ExpressVPN.
00:12:44.000So with all the recent news about data hacks, breaches, it's hard for me not to worry about my digital privacy because the fact is that, you know, I figure that people are always trying to grab my data whether I'm at a public Wi-Fi or whether I'm just online generally.
00:12:55.000Every website you visit, it's pretty clear that every email you send, there are too many people who can have eyes on your stuff and that's why you need a VPN.
00:13:39.000Again, it was super easy to set up, and it really is terrific.
00:13:42.000ExpressVPN.com slash Ben for three months free with a one-year package.
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00:13:53.000Okay, so while the media have focused deeply in on President Trump's rhetoric about the press to suggest that he is responsible for a whack job who had a vendetta against a newspaper shooting up the newspaper, you've got people on the left who are mainstreaming mob action.
00:14:08.000Michael Moore has a new movie out called Fahrenheit 11.9, or it soon will be out, Fahrenheit 11.9.
00:14:13.000Of course, this is a play on Fahrenheit 9.11.
00:14:16.00011.9, of course, this time refers to the fact that Donald Trump was elected because this is an emergency for our republic.
00:14:20.000The clip that he showed from his movie, by the way, is just awful.
00:14:23.000Now, I'm supposed to be on Bill Maher tonight and I'm really disappointed because I can only be on Bill Maher for the first 15 minutes of the show.
00:14:29.000I would love to be on Bill Maher's show for the full hour because then I'd be on a panel with Michael Moore and I could ask him about his terrible preview.
00:14:37.000But I can't actually do that because Sabbath is coming in early so I can do the first 15 minutes of the show.
00:14:42.000But Michael Moore will be on the show tonight as well.
00:14:45.000Michael Moore was on Stephen Colbert last night pushing his new movie, and he started talking about incivility in our culture.
00:14:52.000Listen to how Michael Moore describes incivility, because it really is telling.
00:14:55.000The same left that says that we should really ratchet down the rhetoric, something with which I generally agree, the same left will at the same time say, well, but I don't really apply that to, you know, like treatment of conservatives or treatment of Republicans.
00:15:06.000Like, that's a different thing entirely.
00:15:08.000Calls that are coming from the uncivil, asking Democrats who are usually so wimpy and weak and, no, it's okay, you know, we'll take half of universal health care, we don't need the whole thing.
00:15:21.000You know, that's how our side sounds all the time.
00:15:34.000But, you know, the worst that's going to happen to anybody in the Trump administration is that they don't get to have a chicken dinner in Virginia.
00:16:17.000And we're sitting, I'm looking around, and I realize that everyone who's there sipping their bubbly water, everybody there who is sipping their Chardonnay in the middle of the afternoon, all those people think that we are living in the middle of a civil war and in the middle of a crisis.
00:16:32.000As they're sitting there sipping their Chardonnay, they think that we are living in the middle of a fascist takeover of the United States.
00:16:38.000And it's just astonishing that this is how they think.
00:16:40.000Like, all those people would be nodding along to Michael Moore saying, we need to put our bodies on the line, as they sit there eating their $200 lunches, having driven there in their Porsches.
00:16:48.000And it occurred to me that this is all delusional.
00:16:51.000Listen, we're in the political space a lot.
00:16:53.000We spend all of our day in the political space.
00:16:54.000I spend all my day in the political space.
00:16:56.000And it's easy to get caught up in the back and forth.
00:16:58.000It's easy to feel that politics is really fraught right now.
00:17:01.000But the reality is, if you took somebody from 1930 and you plunked them down in the middle of 2018, they would literally think they died and went to heaven.
00:17:25.000In a second, I'm going to explain why that has to stop.
00:17:28.000So the reason that we have to stop with the crisis mentality is because crisis mentality leads people to the belief that harsh, sometimes evil action is necessary.
00:17:39.000And sitting around in a place like Los Angeles while the sun streams through the big windows and everybody is eating their lobster, you know, I had a Coke, while everybody is doing that,
00:17:50.000It just, it occurs to you that the more we think that our neighbors are our enemies, the more likely we are to start anticipating tactics that are bad.
00:17:59.000So the shooting that happened in Maryland has nothing to do with President Trump.
00:18:04.000But I don't think that it's, I don't think it's questionable that the temperature in the country has risen to a certain extent.
00:18:09.000I'm trying to be reflective about this as I possibly can, and honest with you.
00:18:12.000I think the temperature in the country has risen to a level that is unsustainable.
00:18:17.000And I think it's based on nearly nothing.
00:18:19.000I think our political differences matter an awful lot.
00:18:22.000I think our rights matter an awful lot.
00:18:23.000And I think that some of our rights are at crisis point in terms of our defense of those rights.
00:18:28.000But I don't think that we are at the point where Americans are ready to put their bodies on the line, as Michael Moore says, that it's time to see this as a civil war in any real way.
00:18:38.000And there may be an intellectual civil war going on, but that intellectual civil war has been going on for generations in the United States.
00:18:43.000Maybe it's a little worse now than it was any time since 1960s, but I don't buy into the idea that this is a time that is deserving of the kind of vitriol and insanity that we are seeing.
00:18:57.000And it's being promulgated by people on both sides, but particularly on the left right now, because what the left is doing is they're doing what Michael Moore does, which is, I love civility.
00:19:04.000Civility is great, but I can't be civil with these evil Republicans, so civility must end.
00:19:08.000Maxine Waters is the case in point of this.
00:19:10.000So Maxine Waters has now said, the representative who said just earlier this week that there should be mob justice against a bunch of people going to gas stations if you disagree with them.
00:19:18.000She said on Thursday she's seen an increase in threats since she made controversial comments encouraging protesters to heckle and harass members of Trump's cabinet in public spaces.
00:19:26.000She said that she got threatening messages and hostile mail at her offices.
00:19:30.000She canceled two scheduled appearances in Alabama and Texas.
00:19:33.000She said she got one very serious death threat on Monday from an individual in Texas.
00:20:14.000There's no question she encouraged that.
00:20:16.000And she felt okay encouraging that because it was somebody on the other side.
00:20:18.000So in other words, everybody is in favor of civility as long as it applies to people on their own side, but nobody is in favor of civility when it's applied to people on the other side.
00:20:25.000And the reality is that we live in the most civil of times.
00:20:28.000Violence in the United States is at 50-year lows.
00:20:41.000There is no excuse for this level of insanity in our current politics.
00:20:45.000And yet, everybody continues to go insane.
00:20:47.000And that's only being exacerbated, of course.
00:20:49.000by the situation with the Supreme Court, because now that Justice Kennedy has stepped down, the left is fully convinced that the right is coming for everything that they hold dear.
00:20:57.000Not understanding, of course, how the Supreme Court works in the first place, having used the Supreme Court as the tool of their leftist politics for nigh on 80 years at this point.
00:21:05.000The Democrats are now firmly convinced that the Republicans are going to come in, they're going to swoop in with the Supreme Court at their behest, and they're going to run roughshod over everybody's rights, and we'll be living in a Nazi state.
00:21:16.000This kind of insane, over-the-top talk is not good for the country.
00:21:20.000And again, I think there are a lot of people in the country who right now feel justified in being uncivil.
00:21:27.000I'm not going to blame people who are uncivil for violence.
00:21:29.000But I will say that when you raise the temperature every so often, you are going to get the pot boiling over.
00:21:34.000When the temperature is room temperature in the pot, it doesn't boil over ever.
00:21:37.000When the temperature is a little bit high and then you put the lid on, then it is more likely that the pot is going to boil over.
00:21:42.000I think that the likelihood the pot is going to boil over right now is a lot higher than it has been in the past and there is no real excuse for it.
00:21:47.000So I'm going to talk in a second about this fallout from the Supreme Court.
00:21:50.000But first, let's talk about the national debt.
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00:23:02.000As I mentioned, with the temperature on politics so high, the Supreme Court retirement of Anthony Kennedy is raising the temperature even higher.
00:23:09.000And I encouraged people yesterday to calm down about this.
00:23:11.000The reason I encouraged people to calm down is because it is not the job of the Supreme Court, according to conservatives, to implement their preferred policy prescriptions.
00:23:18.000The Supreme Court is not going to rule tomorrow that abortion is banned across the land.
00:23:22.000It was the Supreme Court that ruled that abortion was legal across the land because the leftists on the court decided to use the Supreme Court as a tool of their will instead of a tool of judgment.
00:23:30.000The same thing was true of same-sex marriage when the Supreme Court decided unilaterally that same-sex marriage was now mandated by a document that was ratified in 1791 and an amendment that was ratified in 1868.
00:23:42.000That was the Supreme Court that did that.
00:23:43.000The way conservatives view the Supreme Court is that it's the job of the Supreme Court to essentially get out of the way when it comes to what states have to do, so long as it is in consonance with the Constitution of the United States.
00:23:56.000So the Supreme Court is not an activist Supreme Court.
00:23:58.000When conservatives run it, it strikes down a lot fewer laws generally.
00:24:02.000It gets involved in national mandates almost never.
00:24:06.000The fact is that because the left has used the Supreme Court as a tool for so long, they think that now the right is going to use the Supreme Court as a club.
00:24:12.000And what they are most worried about, of course, is the overturning of Roe v. Wade.
00:24:14.000They're under the wildness impression that if Roe v. Wade is overturned, that immediately makes abortion illegal across the United States.
00:24:55.000I think one of the reasons they're in full panic mode is because, again, I think that they thought that there was going to be a thousand-year rule by the left.
00:25:00.000After Obama, they thought they're never losing an election again, so why would we even worry about Donald Trump?
00:25:05.000And then it turns out not only did they lose the election, they lost the Senate, the House, most state houses, and most governorships.
00:25:09.000And they turned around and looked around and said, wait, this isn't the America Obama promised.
00:25:13.000Well, Whoopi Goldberg is leading the charge against overturning Roe v. Wade.
00:25:18.000The level of insanity in this rhetoric is extraordinarily high.
00:25:22.000And again, I just, I don't know why any of this is good for the country.
00:25:25.000But here's Whoopi Goldberg going after Meghan McCain.
00:25:27.000Okay, Meghan McCain is not a, she's a Republican.
00:25:31.000Meghan McCain is certainly not an extreme conservative by any stretch of the imagination.
00:25:35.000Meghan McCain is a moderate conservative at best.
00:25:38.000And Whoopi Goldberg is telling Meghan McCain, who's pro-life, to get out of her vagina, which I can safely say most people are very happy to do.
00:26:06.000And again, this is the idea that Republicans are suddenly going to be doing Handmaid's Tale stuff, that they're interested in putting things up Whoopi Goldberg's vagina in search for babies she cannot have because I assume she's postmenopausal.
00:26:26.000Nancy Pelosi says that the Supreme Court is doing violence to our democracy, violence to our democracy.
00:26:32.000Well, if you're going to equate speech with violence, is it any wonder when violence is is a response to that?
00:26:38.000When people say, OK, well, the Supreme Court is doing violence to us.
00:26:41.000What if we do violence to the Supreme Court?
00:26:42.000This is the problem that I have with a lot of what's going on in college campuses.
00:26:45.000I visit 25, 30 college campuses a year.
00:26:47.000And when people say my speech is violent, well, then their answer very often is, OK, Antifa's answer is, well, what if I use violence against the violence that is the speech?
00:26:55.000Nancy Pelosi, by the way, said that the Supreme Court did violence to our democracy.
00:27:45.000Now, as far as the Supreme Court seat,
00:27:47.000The only possibility that President Trump does not get his pick that he wants for the Supreme Court seat is if Susan Collins and Lisa Murkowski, who are the two most left-leaning members of the Senate caucus, decide that they are going to somehow hold up any Trump nominee unless that Trump nominee pledges fealty to Roe v. Wade.
00:28:02.000I don't think that's actually what's going to happen here.
00:28:04.000Susan Collins says that Roe v. Wade is settled law because she's wrong, but here's Susan Collins making that case.
00:28:10.000From my perspective, Roe v. Wade is an important precedent and it is settled law.
00:28:17.000Okay, it's always funny how people say things are settled law when they like those things, but the minute they don't like those things, those things have to be overturned.
00:28:23.000So it turns out that one of the things that was settled law in the United States for legitimately the entire history of the United States is that traditional marriage was the only way marriage was done.
00:28:42.000And the reason is because no Supreme Court
00:28:45.000Possibility is going to answer straight the question as to whether they would overturn Roe v. Wade.
00:28:49.000This is one of the sad outcomes of how we've done judicial nominations since the Bork era, which is that every judge now has the absolute interest in hiding their opinions for as long as possible so they don't get Borked.
00:29:00.000Judge Bork was nominated for the Supreme Court by President Reagan.
00:29:20.000None of these judges are going to have to answer straight the question as to whether they would overturn Roe v. Wade because no judge has had to answer that question in the last 25 years.
00:29:27.000So do I think that this is going to end up with Murkowski and Collins holding up a Trump nominee?
00:29:38.000The most originalist, textualist judge you can find.
00:29:42.000You should go for the home run, because there's no excuse for not to get a home run out of all this.
00:29:47.000Okay, so, in just a second we're going to jump into the mailbag, but before that, you're going to have to go over to dailywire.com and subscribe.
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00:31:02.000Alrighty, so let's do some mailbag, because it's been a long week.
00:31:05.000Let's take a little bit of time with the mailbag this week.
00:31:07.000So if you got live questions, now's the time to send them in.
00:31:10.000John writes, Hi Ben, I was wondering if since the First Amendment dictates that Congress cannot make a law restricting the freedom of expression, could the left make such laws such as hate speech, religious expression restrictions at the state level and have them be upheld by the Supreme Court?
00:31:31.000One is, does the First Amendment, as it is currently constituted, does it stop hate speech laws, religious expression restrictions, etc.?
00:31:39.000The answer there is yes, unless the left takes hold of the court and uses the court as a club to beat to death the First Amendment like a horse in the street.
00:31:47.000Hate speech laws are unconstitutional because there's no actual definition of hate speech.
00:31:51.000There are a bunch of people on the left who think that my show every day is hate speech.
00:31:53.000It is not, but they're idiots and they think that, and so they could try to outlaw my speech.
00:31:58.000In the state of California, presumably they would try to outlaw it if I say on the show that a man is a man and a woman is a woman and a man can't become a woman, then they would try to outlaw that.
00:32:05.000Hey, that would be a violation of the First Amendment.
00:32:07.000Now, you're asking about what's called incorporation doctrine.
00:32:09.000So incorporation doctrine is the idea that the First Amendment really should have applied only to the federal government.
00:32:21.000Every state has its own constitution that have sort of mirror provisions with regard to the First Amendment protecting, you know, the state version of the First Amendment.
00:32:29.000Originally, the federal constitution did not protect free speech rights at the state level.
00:32:35.000Quash First Amendment rights at the state level, and the federal government would have nothing to say about it.
00:32:40.000Then there was something called the Incorporation Doctrine.
00:32:43.000The Incorporation Doctrine really came about in the early 20th century when people began trying to use the 14th Amendment, which applies to the states, to read the First Amendment into law.
00:32:52.000So the 14th Amendment suggests that everyone at the state level, not just the federal level, everyone at the state level, is guaranteed due process and equal protection of the laws.
00:33:02.000And the Supreme Court basically said, well,
00:33:04.000We're also going to say the due process requires that your First Amendment rights be respected.
00:33:07.000Now, I don't think that incorporation doctrine actually is legally justifiable, even if I like the outcome on a lot of it, but it has been incorporated.
00:33:15.000So the First Amendment is incorporated.
00:33:16.000The Second Amendment has been incorporated.
00:33:17.000All of the First Amendments have been incorporated into state constitutions, essentially, or into state law via the so-called incorporation doctrine.
00:33:25.000Brian says, Hi Ben, I was born and raised in the Midwest.
00:33:26.000I'm visiting California for the first time.
00:33:28.000My perception has always been that California is a bastion of liberal and hippie ideals.
00:33:32.000Having been here, those stereotypes have been confirmed.
00:33:34.000From the feces on the streets, to the rampant homeless, to the trash strewn streets, the liberal ideal is everywhere.
00:33:39.000My question is, how did California turn from a state created by the pioneer spirit, the state that gave us Ronald Reagan, to this?
00:33:44.000Thanks, and Shapiro for Supreme Court.
00:33:46.000Well, I'm glad that the groundswell for me for Supreme Court has been so successful.
00:33:50.000If it doesn't work out, then I'll just be here with you every day crying myself to sleep.
00:33:56.000California started down this sort of path in the 1990s.
00:34:00.000The last kind of gasp of California conservatism was Pete Wilson.
00:34:05.000And then after Pete Wilson, we got Gray Davis and Arnold Schwarzenegger.
00:34:09.000And there had been a significant move in the California legislature to the left over the previous decades anyway.
00:34:16.000California had always been a little more liberal than the rest of the country, I would say, although for a while it had sort of a conservative streak with regard to the governors that it elected.
00:34:25.000There's a solid case to be made that as the demographics in California shifted, so too did the electoral politics.
00:34:30.000That as the state became more immigrant-based, that a lot of those new immigrants were voting Democrat more often, and that changed the constituency in California pretty massively.
00:35:00.000or San Francisco, and big cities tend to
00:35:03.000Well, the general traditional interpretation of the Second Amendment is very similar to the interpretation of the First Amendment, which is the First Amendment which guarantees freedom of speech and says that Congress shall make no law abridging freedom of speech.
00:35:28.000It does not apply to incitement to violence.
00:35:30.000Virtually every amendment has certain curtailments of the amendment that allow for public policy to be made.
00:35:34.000The question is, are those public policy curtailments as minimal as humanly possible in order to achieve the public policy that is being pursued?
00:35:41.000There is no such thing as any right that is untrammeled.
00:35:47.000Freedom of religion is not untrammeled, given the fact that if you pass a neutral, facially neutral statute that has nothing to do with religion, that may not necessarily violate religious rights, even if those religious rights are in fact curtailed by the operation of that law.
00:35:59.000I don't know enough about that to answer that question.
00:36:02.000So I will check that out and get back to you, Justin.
00:36:03.000Well, the answer is that it is an artificial distinction created by the left
00:36:24.000The way they've defined, so, the left does this thing, where they say, there's a difference between sex, which is your biological sex, and gender, which is the way that your, sort of, your sex manifests.
00:36:34.000So, in other words, are you an effeminate man?
00:36:37.000Well, then maybe you are, your effeminacy is now part of your gender.
00:36:41.000If you're a woman who likes to wear pants and a butch haircut, then this is some part of your gender.
00:36:45.000So they create this sort of false distinction, they use the word gender to encompass all of this, but then they do this weird trick where they say gender is sex.
00:36:52.000So they'll say sex is not gender, but gender is sex.
00:36:54.000So in other words, gender has nothing to do with your biology, right?
00:36:57.000You can be a biological male, but your gender can be female because you can be really effeminate and you want to wear dresses and you are a female in your mind, but your sex is male, but your gender is female, right?
00:37:06.000And this is when you are non-cisnormative, right?
00:37:24.000And they also like to say that sex and gender are completely disconnected.
00:37:26.000So there are all these inherent contradictions in the way that the left defines gender.
00:37:30.000If the left just wanted to say, listen, there's your sex, your biological sex, and then there's how that biological sex manifests in your daily behavior,
00:37:37.000There's nothing even remotely arguable about that.
00:37:51.000Because the left's argument is that if I think of myself as a female, I am a female.
00:37:54.000They're not saying that if I did a brain scan and it turned out that my brain worked like a female, then I'm a female.
00:37:58.000They're saying that the way that that manifests in my behavior and my choices and my thinking, that's what makes me female.
00:38:03.000And that cannot be sustained on any logical level.
00:38:06.000Joe says, hey Ben, in my once a week graduate class, the professor's students bashed Trump for about two hours and then we watched Justin Trudeau YouTube videos for another hour.
00:38:14.000I'm sorry to hear that and I'm sorry for the loss of your brain cells, the late lamented brain cells you used to have.
00:38:18.000As a former teacher who is conservative, I didn't find it very difficult to stay away from preaching my political agenda.
00:38:22.000Why do you think the left seems to be guilty of doing this much more regularly and blatantly in the classroom?
00:38:27.000Well, I think the reason is because many people on the left have a very difficult time distinguishing between their opinion and fact.
00:38:33.000I think this holds true across political boundaries.
00:38:35.000I think there are people on the right who have this trouble, too.
00:38:37.000But when you live in an echo chamber like the educational system is, then you start to think that everything that you think about life is actually a fact because all your friends believe the same thing.
00:38:46.000This is why you'll hear people say things like, Trump is a Nazi.
00:38:58.000It is not a fact that Trump is a Nazi.
00:38:59.000That is an opinion and a wrong opinion in my belief of that.
00:39:02.000So I think that echo chambers tend to create a belief that your opinion is a reflection of reality rather than just a subjective interpretation of reality.
00:39:12.000Greg says, Hey Ben, if Mike Lee were nominated for Supreme Court,
00:39:39.000They would gain another couple of votes from the Democrats.
00:39:41.000I think Mike Lee would be easily confirmed.
00:39:42.000I don't think there's a lot of question about that.
00:39:44.000Jeremy says, Hey Ben, since Roe v. Wade is now front and center in the news, would you please explain the legal argument of the majority opinion in the ruling and what about it you think is so flawed?
00:40:00.000It was a case in which the Supreme Court decided that abortions had to be legalized across the nation.
00:40:05.000The case was Roe, who later, it turns out, became a pro-life person, sought to terminate her pregnancy by abortion.
00:40:10.000This is according to Oyez.org, which is a really good place to summarize these cases.
00:40:14.000Texas law prohibited abortion except to save the pregnant woman's life.
00:40:17.000After granting cert, certiorari, the court heard arguments twice.
00:40:20.000The first time, Roe's attorney could not locate the constitutional hook of her argument for Justice Potter Stewart.
00:40:24.000Her opponent, Jay Floyd, misfired from the start.
00:40:26.000Weddington sharpened her constitutional argument in the second round.
00:40:29.000Her new opponent came under strong questioning from Justice Potter Stewart and Thurgood Marshall.
00:40:33.000The court held that a woman's right to an abortion fell within the right to privacy, recognizing Griswold v. Connecticut protected by the 14th Amendment.
00:40:39.000So, as I pointed out yesterday, I said, emanations from Penumbra.
00:40:43.000And somebody said, right, that's from Griswold v. Connecticut.
00:41:17.000But they say there are emanations from penumbras.
00:41:19.000What they meant was that if you look at the Fourth Amendment search and seizure provisions,
00:41:24.000And you sort of look at them with squinty eyes, kind of, like a magic eye puzzle, then you can get out of the prohibition of unreasonable search and seizure that there's a right to privacy.
00:41:34.000And then from that generalized right to privacy, we can then read into that that there is a right for you to buy a contraceptive if you're a single person.
00:41:41.000Now, I think that decision is wrongly decided.
00:41:43.000And by the way, I think single people should certainly be able to buy contraceptives, but this is why I think legislatures are not judges and judges are not legislatures.
00:41:49.000With that said, you know, the stupidity of the idea that the Constitution mandates that is evident.
00:41:55.000There is no right to privacy, generalized right to privacy, in the Constitution.
00:41:58.000There are several different aspects of what you could term a right to privacy.
00:42:01.000The right against unreasonable search and seizure, the right to free speech, right?
00:42:04.000There are certain things that you could look at the Constitution and say, that has to do with privacy, but there's no generalized right to privacy you can then take and implement.
00:42:12.000And that certainly would not apply to a rather non-private decision like having an abortion with the use of a medical provider.
00:42:24.000The left believes that the government should pay for that.
00:42:27.000Then my dealings with my doctor should be subject to government regulation every single way, except when it comes to abortion, in which case that is completely private.
00:42:34.000You have no business saying anything about it.
00:42:35.000So Roe v. Wade was decided on right to privacy grounds.
00:42:38.000And then they made a secondary argument in Roe v. Wade about the issue of viability, the viability of the fetus.
00:42:44.000And so they said that laws in the third trimester might be okay, because if you have laws in the third trimester, then you're talking about the viability of the fetus.
00:42:51.000Maybe the fetus can survive on its own, so maybe the fetus has some rights.
00:42:54.000They basically fudged the entire decision.
00:42:56.000It's one of the worst constitutional decisions in American history.
00:42:59.000Just from a purely legal perspective, it's incredibly, incredibly stupid.
00:43:02.000So there is your brief summary of Roe v. Wade.
00:43:04.000Anybody who says Roe v. Wade is legally justifiable has never read the case.
00:43:23.000I would say that the thug life chooses her a little less frequently than the thug life chooses me.
00:43:27.000But the thug life lives within her, just as the doctrine lives within Amy Barrett, who I hope President Trump nominates for the Supreme Court.
00:43:56.000Otherwise, our kids would have been just the worst.
00:43:58.000So, Jeremy says, let's see, we did Jeremy already.
00:44:00.000Spencer says, which Supreme Court cases, in your opinion, contributed most to the expansion of federal power beyond the constraints defined in the Constitution?
00:44:08.000Furthermore, aside from the rulings, you obviously violated the civil rights minorities, Dred Scott, Plessy, Korematsu.
00:44:12.000Which cases would you rank as the worst three in Supreme Court history?
00:44:16.000Okay, so there have been a lot of bad decisions in Supreme Court history.
00:44:20.000As I mentioned, Dred Scott, Plessy, Korematsu.
00:44:22.000I would say Wickard v. Filburn is one of the worst cases in Supreme Court history.
00:44:26.000That is a case in which a guy was growing grain for his own consumption in 1940s America under FDR.
00:44:33.000And FDR had passed all of these new laws that attempted to restrict the amount of grain that you could actually grow because he was trying to artificially boost the price of grain on behalf of farmers.
00:44:44.000Like, I'm not, in Wickard v. Filburn, the farmer said, I'm not even growing this for interstate shipment, right?
00:44:50.000I'm not shipping this across state lines.
00:44:52.000What does the federal government have to do with me growing grain for my own consumption, right?
00:44:56.000Or even growing grain for intrastate commerce, like I'm just trading it inside the state.
00:45:00.000What does the federal government have to do with that?
00:45:02.000Wickard v. Filburn said, anything you do that could possibly have an impact on a market is now considered interstate commerce for purposes of federal regulation.
00:45:10.000What that basically means is anything you do any day has federal implications.
00:45:14.000Which is an insane, it's an insane standard, right?
00:45:16.000I mean, that standard basically suggests that you are, uh, every time I flush the toilet, that has an impact on the water prices in the state of California.
00:45:24.000And that water price in the state of California has an impact on federal water regulation.
00:45:28.000And therefore, the federal government has the right to regulate how I flush my toilet.
00:45:32.000Legitimately, this is what the case was in Wickard v. Filburn.
00:45:35.000The Commerce Clause, which was designed to constrain the federal government, has instead been read to allow the federal government to run roughshod over everybody's rights as far as humanly possible.
00:45:43.000So Wickard v. Filburn is an awful, awful case.
00:45:46.000Other cases that are really bad, there's a case called Skinner v. Oklahoma that is famously awful.
00:45:52.000Skinner v. Oklahoma, if I'm not mistaking, the case was decided by, was it Oliver Wendell Holmes?
00:46:01.000I'm trying to remember who actually wrote the decision in this.
00:46:19.000The Three Generations of Imbeciles are Enough Decision by Oliver Wendell Holmes.
00:46:23.000I'm trying to remember the name of the case.
00:46:31.000Buck v. Bell was a decision written by Oliver Wendell Holmes.
00:46:34.000Oliver Wendell Holmes was a proponent of eugenics.
00:46:36.000And the case basically said that a state statute permitting compulsory sterilization of the mentally disabled for the protection and health of the state did not violate the Constitution of the United States.
00:46:50.000A decision so bad, the Nazis actually cited it at the Nuremberg trials to show that they were not outside the mainstream of Western political thought when they started using sterilization against their political opponents.
00:47:27.000A couple of things about slavery in the Bible.
00:47:29.000So slavery in the Bible is not mandatory, right?
00:47:31.000There's nothing in the Bible that says you have to own slaves.
00:47:33.000In fact, the Bible has pretty strict restrictions on how slavery is supposed to operate.
00:47:37.000If you own somebody who is sold into slavery and they are a fellow Jew, right, then the way that it works in the Bible is that you must release them after seven years.
00:47:47.000And if they don't want to be released, then you actually have to pierce their ear with an awl, because the idea is that they should want to be released.
00:48:07.000But the question is, and this is a general question about the Bible, obviously, is what was designed for the time and what is designed for now?
00:48:13.000And it's pretty clear in the Bible that what the Bible is trying to do, because it's speaking to a particular group of people at a particular time and place, it is trying to curb slavery.
00:48:21.000It's moving in the direction of curbing slavery, just as the Constitution of the United States
00:48:25.000The Bible has provisions outlawing the importation of slaves after 1808, and that is a move away from slavery, not a move towards slavery.
00:48:33.000The Bible is trying to move people away from slavery and has heavy restrictions on how slaves are to be handled and how they are to be taken.
00:48:39.000And again, slavery is universal in the world at that time.
00:48:41.000It is not that it is a thing that only exists under the Bible.
00:48:45.000It is something that is literally universal.
00:48:46.000So when you're talking about something that is literally universal throughout all of human history and has only recently changed,
00:48:51.000Then you have to ask yourself, was this document attempting to move us away from slavery, or was it attempting to enshrine slavery?
00:48:56.000There's a reason that all of the abolitionists use the Bible as the impetus for their anti-slavery zeal.
00:49:02.000And that goes all the way up to and including John Brown, who actually used the Bible as an excuse to go and kill slave owners.
00:49:07.000So the idea that the Bible is a pro-slavery document, I think, is a wild misread of the Bible.
00:49:59.000Fairly accurate as to how men have acted for most of human history.
00:50:02.000So, you know, the state of absolute equality that existed in the Edenic pre-Exilic period was ended with the Fall.
00:50:11.000And basically what the Bible is saying is that your curse is that this is the way the world is, and it is your job to try and get back into Eden, right?
00:50:17.000It's your job to try and make your life better.
00:50:20.000It's men's job not to treat women that way, and it's women's job to be better human beings as well.
00:50:26.000So I just, I think, again, that's a deliberate misreading of the Bible.
00:50:29.000Okay, so that brings us to the end of the mailbag.
00:50:32.000So let's get to a quick thing that I like and then some things that I hate.
00:50:36.000Alrighty, so the thing that I like today is a book by Antonin Scalia.
00:50:40.000If you are into constitutional jurisprudence, then one of the classics in the field is Justice Scalia's A Matter of Interpretation, Federal Courts and the Law.
00:51:03.000I think Buck v. Bell was a bad precedent overturned by Skinner v. Oklahoma.
00:51:07.000And that is a worthwhile way to... Bottom line is, if a decision is bad, it's bad.
00:51:12.000But Justice Scalia, obviously one of the great minds ever to sit on the court, certainly one of the best writers ever to sit on the court, in his book, A Matter of Interpretation, is a really good description of how it was that he thought.
00:51:22.000Antonin Scalia's book, A Matter of Interpretation.
00:51:24.000Okay, time for a quick thing that I hate.
00:51:30.000So you'll recall there's a guy named Michael Bennett.
00:51:32.000Michael Bennett plays for the Seattle Seahawks, and he levied a bunch of accusations of racism against the Las Vegas police.
00:51:41.000And it turns out that he was not telling the truth about this.
00:51:45.000So Michael Bennett suggested that the police had attacked him for no reason in Las Vegas just because he was black.
00:51:52.000What actually happened is the police received a report of an active shooter and Michael Bennett started crouching and then hiding behind a slot machine.
00:52:02.000And when officers took note, he jumped up and took off at a full sprint and failed to listen to officer commands to stop.
00:52:08.000He said this was all because of racism.
00:52:10.000And now he's trying to lecture President Trump about racism.
00:52:13.000If Trump is really wanting to listen and to, you know, find out why we're taking a knee, that would be something that I'd be down to do.
00:52:19.000If it's an opportunity to change the way that America is or change my communities, I'm always going to take those opportunities to express my knees and express the passion of other people.
00:52:29.000OK, so listen, I'm fine with people talking about racism.
00:52:32.000I'm fine with people talking to President Trump about racism.
00:52:34.000I'm fine if Trump wants to talk with people about racism.
00:52:37.000But using people who have lied about police officers as the spokespeople for the anti-racism movement seems deeply counterproductive.
00:52:43.000That is not how we are going to reach any sort of consensus in the country.
00:52:46.000There are better spokespeople for the anti-racism cause than people who fib about police officers for political gain.
00:52:52.000OK, well, we'll be back here next week.
00:52:53.000We may have a new Supreme Court justice nominee on our hands by that point.