GET THE MEN OUT OF WOMENS SPORTS!
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Summary
In this episode, Professor William Jacobson, founder of the Equal Protection Project and law professor at Cornell University, joins us to talk about the growing problem of racial discrimination in the Federal Aviation Administration (FAA) and other federal government agencies.
Transcript
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Hello, everybody, and welcome to The Great America Show. It's great to have you with
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us. Thanks so much for joining us today. Our guest today is Professor William Jacobson,
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folks. He's a Cornell University law professor, and he's also the founder of the Equal Protection
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Project. He joins us now. Professor Jacobson, it's great to have you with us here on The
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Great America Show. And as I told you before, you're one of Lou's favorite guests. You were
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such a brilliant mind, so we couldn't think of a better guest to have on today to talk
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about all that's going on. The question I often ask on this show, and maybe you can answer
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this because you're a brilliant scholar mind, why are we still asking on job applications
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what your ethnicity is and what your gender is and whether you're gay, straight, heterosexual,
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bisexual? What does that have to do with anything? Well, it doesn't. There's a saying that collapse
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comes gradually, then suddenly, okay? And we've been gradually moving towards a collapse of our
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institutions, which have been completely captured by group identity politics. And you can call it
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diversity, equity, and inclusion. You can call it anti-racism. You can call it critical race theory.
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It's all of those things, but it's an identity politics. Who you are and whether you get hired
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depends on what group you are serving as a proxy for. So we no longer hire the individual because
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of the individual. We take into account what group are you part of. And so how did it get to this point?
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It got to the point over the course of a decade or more. How did it specifically get to this point?
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In 2021, Joe Biden issued an executive order, now rescinded by Donald Trump, which forced the federal
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government to engage in what it called racial equity throughout everything it does. So this was a
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man-made disaster, okay? It didn't need to be this way. And he doubled down on it in 2023 with a second
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executive order, which is also now rescinded. So what's happened at the FAA didn't start with Biden,
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as you indicate. It goes back to the Obama years. But the acceleration of the collapse has taken place
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because the federal government, both in terms of hiring, contracting, grant making, almost every
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aspect of it has been captured by a group identity ideology, which again could be described in many
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different ways with many different acronyms, but it elevates identity over quality and merit. And the person
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who's hired may have quality and merit, but that's not why they're hired, okay? And they're hired because of skin
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color or gender identity or something else. And so we're now seeing the sudden part of the collapse
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Doesn't this, Professor, go against every fabric that Americans believe in right now, that this country
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was built on, that we're all the same inside, that it doesn't matter what color your skin is,
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we're all the same on the inside, we all live for the same thing, God, family, and country, at least
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that's what I like to think. Doesn't this go against every fabric in our body?
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It certainly does. I mean, a lot of people say, well, we're a country that was founded when there was
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slavery. Okay, but that was, how long ago was that? Okay, at least since the mid-50s to mid-60s,
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the civil rights laws have been passed, the ideology of the country unabashedly is against
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discrimination against racial discrimination. The 14th Amendment Equal Protection Clause applies
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as well, as well as the Fifth Amendment applies, equal protection that's been read into it.
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So at least for 70 years, or 60 to 70 years, the ethos of this country has not been to pick people
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based on the color of their skin, just the opposite. So, you know, if you went back to the 1930s and 40s,
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maybe you could make an argument that that wasn't our ethos as a country, even despite the
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Constitution. But you can't make that anymore. It's been 60, 70 years. We shouldn't be doing this
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right now. We shouldn't be engaging what amounts to racial retribution. And that's really what it is
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that's going on. They call it anti-racism. They call it a lot of different things. But it's holding
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some applicant for an air traffic controller job, you know, not giving that person that job because of
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what somebody with a similar skin color did 80 years ago. How ridiculous is that? We need to move
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beyond this. And you know what, Professor, that African-American, that Hispanic-American, that
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Asian-American, whatever the ethnicity may be, it's a slight to them because they fought to where they
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get to where they are today, to the job that they want based on their grades. I can guarantee you nine
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and a half out of 10 of those folks who've gotten a job of a certain race are offended by this because
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it's not right. It should be based on your merit. And it probably sticks in the back of their head.
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Was I hired because I'm of different race? Am I hired to make a quota? Or was I hired because
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I was actually the best candidate for this position? Going back to the job applications of asking,
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you know, if you're male, female, your race, ethnicity, is there any legal remedy that this
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country can go through federal government, state and local governments to get that off of a job
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application, to get that off of a college application so that you don't even see a name?
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Yeah, well, it depends. Some of that data is required to be collected for statistical purposes.
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And so the person doing the hiring really doesn't need to see that data, but it's data the government
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wants to collect for whatever its reasons. But, you know, in the federal government now,
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that's banned. Those practices are banned since Donald Trump's executive orders. And remember,
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the federal government has a massive reach. It's not just who gets hired by them. It's who they
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contract with. And these racial mandates were imposed on private businesses that wanted to do business.
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So I think it's changing. I really do think that it's changing.
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Your mouth to God's ears. I want to take a quick break here. When we return, President Trump,
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one of his executive orders went into effect at 5 p.m. today to remove all pronouns from employee
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signatures. Isn't that it's like something so common, Professor Trump's Department of Education
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also opening an investigation into schools, alleged discrimination of white students. Go figure.
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We're coming right back with Professor William Jacobson, the brilliant law mind, Cornell University.
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right now every order ships absolutely free. Folks, we're back with Professor William Jacobson
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of Cornell University. I want to turn to something. It was just, it seems so common to me of why it
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shouldn't have been in place in the first place. President Trump at 5 p.m. today, one of his executive
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orders went into effect to remove, for federal workers to remove the pronouns from their employee
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signatures. Okay. It's mind blowing to me that this was there in the first place that you had to
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have an employee signature. And I have family members who work for large corporations and they
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were pretty much told by their managers in their LinkedIn profiles, you need to have your signature
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in there. Otherwise, it's frowned upon. Have we gotten so stupid as a society, Professor, that we need to
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tell people, I'm he, him, I'm he, she, I'm she, her, I'm they, them. What does it come to?
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Well, this is how, you know, kind of leftist ideology gets to dominate. They force you to use their
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terminology. They force you to take little steps that you don't want to take and then later more
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little steps and then more little steps. So, you know, the whole pronoun thing is, you know,
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one of those little steps. If they can get you to acknowledge the pronoun thing, that means you're
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acknowledging a larger gender ideology and you're accepting it. And maybe you want to, maybe you don't
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want to, but the, the use of those pronouns is a combination of forcing people to adopt ideologies
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they may not agree with. And also really virtue signaling in many ways. It's, I'm going to show
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everybody that I am holier than everybody else because I'm going to use pronouns. Okay.
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And if you don't describe them by their pronouns, you're in big trouble in most corporations,
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the federal government. I just want to read some, some briefs from this executive order because
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president Trump is by no means a doctor. And the most surprising part to me, professor, is that
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doctors who perform these surgeries, I always tell people on the show and it may be offensive and I
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don't care. There's no such thing as transgender. You cannot change your gender. Your biological makeup
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is what it was at birth. You can't change that. So I just want to read this executive order from
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president Trump quote. It's the policy of the United States to recognize two sexes, male and female.
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These sexes are not changeable and are grounded in fundamental and incontroversial reality.
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Under my direction, the executive branch will enforce all sex protective laws to promote this
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reality. And the following definition shall govern all executive interpretations of application of
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federal law and administration policy. I will just go through a few of them. Sex. Sex shall refer to an
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individual's biological classification as either male or female. Sex is not a synonym for and does not
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include the concept of gender identity. If you are a woman, if you are a male, male, males shall be
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described as a boy, shall also be an adult, juvenile, human, males, respectively. Females means a person
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belonged to at conception to the sex that produces the large reproductive cells. Why did it take President
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Trump to come in, Professor, for something so common sense to be put into law? This shouldn't even be
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something that we should be wasting our time on as a government. We have so many problems with this
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country right now. You have a border that's out of control. You have China producing fentanyl,
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shipping into this country, wiping out people. You had the coronavirus. I mean, there are so many
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things that are wrong with this country right now. Yet President Trump is stuck here wasting time
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on stupidity. Yeah. I mean, this is part of the ideology that's taken hold in the forced use of
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pronouns, the use of pronouns in a signature, all those sort of things. And it got to crisis levels,
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mostly because of what's happening with girls' sports. I mean, I'm so old. I remember when
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girls having their own sports opportunities was a feminist issue. I mean, Title IX was a feminist
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issue. It's how girls advanced. Everybody recognized that, well, one particular girl may be better than
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one particular boy. As a group, men are stronger, physically stronger. Men are physically faster.
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But this gender ideology has so twisted things that we've lost that distinction. So now you have
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biological males, or also called males, in girls' sports. And if it is, well, it's only, you know,
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one out of a thousand. But there are only three spots on the podium, okay? You don't need a thousand
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people. And we've seen many examples in Connecticut and elsewhere of, you know, boys competing in girls'
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sports and taking one of those three spots at the top. That means you don't get a scholarship. That
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means you don't get money for college. And then you have the whole issue of women's prisons that,
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I mean, what is really horrible stories, horrible, you know, gut-wrenching stories of women being put
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in prisons with men who identify as women. And nobody's willing to stand up to it and say, wait a
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second, what about the safety of women? What about the women's private spaces was a feminist issue?
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How is it that men are in women's locker rooms? These are all serious issues. And it's unfortunate
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it took, at least for the federal government, for Donald Trump to have to issue an executive order
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that 10 years ago, people would have laughed about this situation. But it's a very situation,
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women are entitled to their own rights. We've recognized that for a long time. They're entitled to
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their spaces. And let's face it, this is really about women, protecting women. The men don't really
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care about this so much. But a woman should not have to wonder who's in her locker room or who's
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in her bathroom. And so it's common sense what he did. It makes logical sense. But we never should
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have gotten to this point because people went too far. Right. And if you look to the adverse,
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as you and I both agree on this, you're a sexist and you're a misogynist and you're canceled because
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you're insensitive to these people who decided they wanted to try to change their gender. You
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can't, as I said, I'm not a doctor. I'm just a common sense kind of guy, as most smart people
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are. And it's just crazy that it's gone this far, that once again, the federal government had to step
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in to stop. But it didn't stop there, Professor. It went further than that. You have kids now in
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classrooms in New Jersey who think that they're dogs. They're called furries. You send your kid to
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school and they're pretending to be animals. This falls on the parents and the way that they're
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raising the kids. I don't think that the kids are being raised the way they were when you were a
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child. Even when I was a child growing up in the late 90s or early 2000s, we learned respect. We
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learned that you respect elders, you respect your women, and you lived your life like a gentleman or
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like a woman. But now you've got all types of crazies. Kids wanted to be furries. Men
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wanted to play in women's sports. And it's gotten so bad that we've had to take it up
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now to the Supreme Court, to high courts. Why can't these schools just say, listen, this
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is it. You're a man. You're playing in a man's sport. You're a woman. You're playing in a
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woman's sport. And why can't these schools just say, you are what you are when you were
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Yeah. I mean, I don't know. I've heard the story about the furries. I don't know if that's
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true. It's true. But it wouldn't be shocking if it was true. Okay. You know, but that's
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not the problem. The problem is not children growing up to think they're animals. It's
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children being told from the moment they enter the school system that they don't really know
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what they are. They're not a boy or a girl. They're whatever they want to be. And it's age
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inappropriate. You know, and that's really what went on in Florida with the, you know,
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falsely labeled don't say gay law, which had nothing to do with saying gay. Okay. That's
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how they frame things. It simply restricted what sort of sexual material could be provided
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to children through the third grade. Okay. You know, kindergartners. And, you know, there's
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something very troubling about what seems to be an organized, you know, effort to cast doubt in
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young children's minds. Okay. And it's very sickening in many ways that that sort of proselytizing
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process that seems to be going on. Leave the kindergartner alone, please. Okay. And what about
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the parents' rights? Why can't the parents? There's litigation ongoing now about whether parents can opt
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their kids out of certain things. And what is it? It's a left-wing totalitarian, you know, attitude
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that they must control everything, including your kids. You know, it's very Soviet-like. I studied in
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the Soviet Union during part of college that, you know, the kids belong to the state. They don't belong
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to the parents. And that's where we're heading in this country. And it's very dangerous. The attempt to,
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you know, extricate parents from school systems, the attempt to, by the Justice Department,
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to prosecute, you know, moms and dads who maybe spoke a little too loud at the school board meeting.
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Okay. This is all a process of, you know, taking parents out of the equation. And so how did we get
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to this point? We got to this point the same way we got to everything else. The institutions have been
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captured by the ideologues and who are advancing theories that just 10 years ago would have gotten
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them laughed out of the room. And now if you don't agree with it, you get fired.
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Right. The thing that's so perplexing to me is that, you know, used to be back in the day that
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every kid got a beating from their parents. You did something wrong. You got a smack, you got a,
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you know, whatever. Now you do that, you go to jail. All right. If you do that, you're going to jail,
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but you could mutilate your child, five years old, four years old, whatever you want.
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I see these videos on Instagram all the time, a parent dressing their son up as a girl singing
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Taylor Swift. That's completely fine. You could send your kid to the, you know, transgender surgeries.
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You're fine. But if you smack your kid on the rear end for doing something wrong to teach him a lesson,
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you're going to jail. We've gotten so ass backwards in this country. I really just don't know how we
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could ever revert and come back to reality. Are you confident we can?
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I don't know. You know, my attitude is two things are not mutually exclusive. Whether you're in favor
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of corporal punishment or not, I would kind of, you don't have to hit your kid, but you also don't
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have to put them through transgender surgery. Okay. How about we do neither? Okay. And I think that's a
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problem. I mean, it's really, these surgeries are horrendous. They're grotesque. They're offensive.
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I, we're already starting the process, but we're going to look back upon these three to four years
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and wonder how we let this happen to children. Remember, it's grotesque enough when it happens
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when you're an adult, but at least adults get to choose things. But, you know, 11, 12, 14, 15 year olds,
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there's a reason we don't let them drive and we don't let them vote. Okay. Because they don't have
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the mental maturity. And I mean that in the brain process way to make those sort of life altering
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decisions. And, and the medical industry has been captured. The medical associations have been
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captured. It's really horrible. The stuff that's gone on in the medical industry is, I keep using
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the word grotesque, but that's what it is. When you read about these surgeries, who thought this up? I
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mean, how could you possibly do that? It used to be very exceptional cases. In Sweden, you could get
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those surgeries and so on, but truly exceptional cases. Now you have entire hospitals putting out
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videos about their gender affirming care, which is just a euphemism for life altering changes to a child,
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either pharmaceutically or surgically. And it shouldn't have been allowed. It shouldn't be allowed.
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I mean, you know, just because you've got an MD doesn't allow you to do anything you want to a
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child. And I hope there are prosecutions down the road. There was a doctor, I think he was in Dallas,
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Texas, maybe last year or so, who spoke out against these, these gender affirming surgeries.
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And the DOJ, of course, came back, it came after him. Now I hope President Trump and his administration
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looks into that and, and writes the wrong, but how can you be a doctor? I mean, doctors and lawyers
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are among, depending on the lawyer, your select few are some of the smartest minds in this country,
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right? The people who make the laws are the people who built this country and determine what's right,
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what's wrong. And doctors are the ones who save lives. It's troubling for me, professor, to see a
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doctor, a man who went through years of medical school, a man who knows human anatomy, to sit there and
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think it's okay to sit there and perform a surgery. As you said, that's irreversible. Five-year-old,
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six-year-old kids, once you go gender mutilation, there's no going back. I mean, that's it. And you
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look at the stories now of kids who are coming out 10 years later, five years later saying,
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I ruined my life. There's no going back. I lost the five years of my life. I mutilated myself. I
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removed my breasts to do this. And it's over. I mean, your life is ruined. You look at Elon Musk,
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smartest man in the world. He lost his child to the same thing. And it's, you know, it's not
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a socio issue where the poor people do it, the rich people do it. Elon Musk, the richest man in
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the world, the smartest man in the world, and he lost his child. Yeah. I mean, I think it's a social
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contagion in many ways. It's become the cool thing to do. There have been other social contagions. I
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think it's very interesting that it is most dominant among teenage girls, just like there was
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a time period when anorexia was most prominent among teenage girls. And, you know, the internet
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has made things infinitely worse. As to that doctor that you're talking about in Texas, I do believe
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they dismissed the prosecution of him. What he was accused of doing is blowing the whistle,
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essentially, on a Texas hospital, which was violating state policy in his mind. And he was
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prosecuted by the U.S. Department of Justice for allegedly violating the privacy rights of the
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patients that he blew the whistle on, you know, their medical cases. And that has been, to my
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understanding, that case has been dismissed. And he's been vindicated. Because what it was, it was
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the medical establishment violating, he said, state law on not performing these surgeries and these
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chemical interventions. And so he blew the whistle. And the Department of Justice, under the prior
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administration, tried to find a way to prosecute him. That's how crazy a guy. They should have given
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him an award. He should get the presidential, whatever that medal is that you give to civilians,
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Yeah. Did you ever think in your years, I mean, you're a little bit older than me, not much older,
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33, 34 years old or something, right? Yeah. Did you ever think... I just turned 30.
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Did you ever think, I mean, through your years, you've seen a lot of stuff going on in this country.
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Did you ever think we'd be at these crossroads where we're seeing things like we just discussed
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with whether it be the DEI, whether it be these gender reaffirming surgeries of children,
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even adults? Did you ever think, I mean, your mind must be exploding inside.
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I never really did. You know, with the benefit of hindsight, I could see it developing. I can track
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the history of it. I say, now it all makes sense. But when you're going through it, you don't realize
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it. And it was a capture. The institutions we should most rely on, you know, medical establishment,
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legal establishment, not to mention education establishment, have all been captured by far left
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wing ideology. Doesn't mean every single person in those organizations is that way, but they've
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been ideologically captured. And people say, well, what can we do? An executive order is a good first
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step. But we really have a cultural battle here to regain control over society. And I think the place
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it needs to start is in education, because that's where the damage is going. All the crazy ideas we're
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now talking about developed on the campuses. They didn't develop in the hospital. They didn't
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develop in the corporation. They developed on the campuses. And I forget who it was, but somebody
00:24:26.720
had the phrase, I think it was Andrew Sullivan, that, you know, we are all a campus now, or we're all the
00:24:33.520
campus now. Our whole society has gone into crazy land with these theoretical ideas that developed on
00:24:41.540
campuses and now have captured everything. So it's not a great situation. I think that I can look back
00:24:49.580
on it and understand what went on. And there were points in time where I understood it. And both I and
00:24:56.640
other people spoke out about it. But it really, hopefully this new presidency is a chance to reverse
00:25:05.540
the flow of what society has been happening. Not to get us back to some, you know, 1950s,
00:25:12.440
you know, leave it to beaver, you know, you know, family thing. But let's get us back to rationality.
00:25:18.300
Let's get us not back to the center, back away from the complete craziness. If we can, if Donald Trump
00:25:24.780
can accomplish that in four years, maybe with eight years and added on for J.D. Vance, he will have in
00:25:31.400
many ways save the country from self-destruction. You know, it's the crazy thing is it's not just
00:25:36.580
K-12 anymore. And we're going to talk about this on the other side of this break, but I just want
00:25:40.320
to get this point in. It's not just K-12. It's these colleges and universities. You belong to one
00:25:45.220
of them as a law professor, probably one of the best institutions in this country. If you went to
00:25:50.660
Cornell, if you go to Cornell, you think it's number one. If you went to Harvard, it's number two or so on
00:25:54.740
and so forth. But it's these colleges and institutions that are brainwashing facilities. I have a sister
00:25:59.460
who went to Colgate University up in Hamilton, New York. When she went, it was a top, I think,
00:26:03.760
15 school in the country. She left here, you know, Republican, whatever, you know, based on
00:26:08.640
our parents, we were born Republicans and came back this Marxist. I love her to death, but she came
00:26:13.480
back this Marxist liberal who sees the world a completely different way. And it's crazy. I have
00:26:18.480
another sister who went to school down in SMU in Texas, came back the same way she left. There was no
00:26:23.060
indoctrination there. You know, it was a good experience, but it's these universities that are doing it and
00:26:28.220
they're indoctrinating and they're brainwashing kids. And it's hard to believe. And we're going
00:26:32.860
to take this up on the other side of this quick break with William Jacobson, professor at Cornell
00:26:36.280
Law, how such smart kids who are in Ivy League schools, who are in these top universities,
00:26:42.040
can be so easily manipulated by these Marxist professors. We're coming right back with William
00:26:47.340
Jacobson. Folks, stay with us. I'm excited to announce that we're having our first ever mega sale
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now every order ship's absolutely free. Folks, we're back with Professor William Jacobson. He's
00:27:54.660
a professor at Cornell Law, and he's also the founder of the Equal Protection Project. He's got
00:27:59.640
a big lawsuit we're going to talk about in just a moment. But I want to start with this. How is it
00:28:04.760
possible that such smart kids, kids who scored through the roof on their SATs, go to these Ivy
00:28:09.960
League schools? They leave their home level-headed, seeing the country as a great place. And then
00:28:16.600
they come home after four years or their first Christmas break, and they're radicalized Marxists.
00:28:25.740
Well, there are enormous social pressures on college campuses to conform. And the price of speaking out
00:28:34.300
of not conforming is so high in terms of being socially ostracized, or worse, that people just go
00:28:42.780
along with it. And it is truly astounding. In many cases, it may only take a semester for somebody to be
00:28:49.940
turned around. And we've got to look at that. And we've got to understand why and how that's happening. But I
00:28:56.280
believe it's a combination of the orientation and other ideology the colleges are pushing, and the
00:29:05.140
severe social pressure to conform. And orientation programs, you walk in, and your first two weeks is
00:29:13.600
all of the things we've been talking about here, okay? Basically, we just did the orientation program
00:29:20.640
from the other side that a college student would get. And, you know, it's not an exaggeration that
00:29:27.060
they are taught to believe that the United States is inherently evil. It's inherently racist. It can't
00:29:32.580
be changed. It's the main problem in the world. Capitalism is the main problem in the world. You know,
00:29:39.040
really, it's, and that's orientation, okay? And then you have the social pressure. The internet is one of
00:29:47.560
the worst things that ever happened in this world. Certainly, the social media part of the internet is
00:29:53.220
one of the worst things. There's mobbing on the internet. There's bad mouthing. Thankfully, you know,
00:29:59.440
when I grew up and went to college, I'm really thrilled there was no internet. Whatever the social
00:30:04.540
pressures were, you dealt with them in the cafeteria at high school. You didn't deal with them all night
00:30:12.640
long, all morning long, all day long on the internet. So it's really, I think we need to look at this. We need
00:30:19.980
to look at the rising rates of depression among students, particularly bad among females. And we need to
00:30:26.720
look at the dropout effect for young men. They are essentially dropping out of society in many ways, and
00:30:34.940
choosing not to go to these colleges. I can't blame them because on day one of orientation, they're accused of
00:30:41.640
being, you know, potential rapists. You know, and so it's a bad situation. People are voting with their
00:30:49.800
feet. Young men are voting with their feet. And I can't blame a lot of them, you know. And so, yeah,
00:30:56.440
it's a, but so many of the problems in our country stem from higher education. All this stuff that's going
00:31:03.220
on in elementary school didn't start in elementary school. It started on the college campuses with the
00:31:10.480
students who went into teaching, with the students who went into the foundations that provide money,
00:31:16.660
went into the, with the students who went into the publishing houses that published the books.
00:31:22.000
It didn't start in K through 12. It started in college, but it's now worked its way down into K
00:31:28.120
through 12. We have a major crisis in this country in higher education, and we, we, nobody seems willing
00:31:34.000
to address it. At least Trump is trying to address it. He's what, two weeks in, not even two weeks in.
00:31:40.360
You know, it's got four more years. I hope he keeps up the pace. Not all of these things will land. Not all of
00:31:46.040
these things will be successful, but some of them will be, and I'm all in favor of that.
00:31:51.300
I think you're absolutely right. And there's a saying, the fish rots from the, from the head down. And that's
00:31:55.060
exactly what we're seeing now, what you're saying, starting with the, with the colleges now.
00:31:59.180
You mentioned the whole capitalism thing. That was sort of the woke ideology before this whole,
00:32:05.880
everyone's racist. You probably remember the whole occupy wall street thing where a bunch of these
00:32:10.580
idiot kids sat on wall street, occupying it to get wanting to get rid of banks, not realizing that
00:32:17.080
everything they've bought, every piece of clothing they're wearing, every, everything their parents
00:32:20.680
done for them was bought through a bank. That was sort of the first thing. And I took special interest
00:32:25.220
to that because my father was in banking on wall street and my sisters are in wall street banking
00:32:29.660
and I'm sitting there and I'm, I'm young at the time. And I'm thinking, you know, I'm 15, 16.
00:32:34.080
How dumb are these people that they want to get rid of banks? What do you do with your money?
00:32:37.820
That was, that was one thing, but you're right. Technology and social media, these things are,
00:32:42.380
are the devil. They really are. You know, kids will never see the days of going and knocking on your
00:32:48.800
friend's door to tell them to come out to play, staying out on the street, playing, riding bikes until your mom
00:32:53.960
yelled at you to come home. Those days are long gone. And it's sad. I think my generation was probably
00:32:59.020
one of the last ones who got to witness that where you weren't sitting home playing video games all day.
00:33:03.160
If you weren't sitting on Tik TOK, you mentioned depression rates among women, you know, everyone
00:33:09.520
follows each other on Instagram, on Tik TOK. You see your friends are out. You're not invited, send you in
00:33:14.620
depression. You look at the uprising school shootings. I think that probably has social media probably has a
00:33:20.600
massive effect on what goes through these kids' minds. They see that they're not included in
00:33:24.620
plans. One of the kids gets beat up on the playground. Someone's got a video of it. Next thing
00:33:29.360
you know, it's all online and everyone's making fun of you the next day. It really, social media and
00:33:33.760
these cell phones have been the demise of, I think, society for the last 10 years coming. It's really
00:33:38.920
sad. The last thing I want to hit on is the other thing is birth rates. You look at the birth rate
00:33:43.080
decline in this country. People don't want to have kids anymore. Young women don't want to get
00:33:48.600
impregnated. Young men don't want to impregnate women. Birth rates are through the floor. And
00:33:53.360
we're literally a dying species. We're a dying society. What's your thoughts on that?
00:33:59.480
Yeah, I think that's essentially like a trailing indicator, if that's the right word,
00:34:06.520
that the fact that people don't want to raise families, they don't want to get married, they don't
00:34:12.160
want to invest in a future generation, is a reflection of all the other things that have gone
00:34:18.420
wrong in our culture. It's not unique to the United States. There are other developed nations where
00:34:23.860
it's worse. I mean, Korea is collapsing birth rate wise, much worse than we are South Korea.
00:34:30.220
Same throughout Western Europe. Very interestingly, the only economically developed country in the world
00:34:40.560
world where the birth rate far exceeds the replacement rate is Israel. And Israel has, I actually looked at
00:34:51.400
this the other day for a different reason. Israel, I think, has a 3.3 child per woman rate. And it's
00:35:01.680
roughly equal between, you know, Arabs and Jews. So it's not one or the other. They're roughly equal
00:35:07.460
rates. The Arab rate has come down dramatically with economic development to now where Arabs and
00:35:13.700
Jews are basically the same. But it's over three. Even for secular Jews, it's 2.2, which is basically
00:35:20.140
the replacement rate. For religious Jews, it's much higher. But there's something about that society,
00:35:26.040
despite all their problems, despite constantly being at war, despite terrorism, all these things,
00:35:33.400
they're also ranked the fourth happiest country in the world. And I think the happiness that they have
00:35:38.880
is reflected in the, you know, the birth rate. That's not true everywhere. Sometimes it's a
00:35:44.040
reflection of poverty, lack of access to contraception, things like that. But in the developed world,
00:35:49.900
the fourth happiest country also happens to have the highest birth rate. And so I think the things
00:35:54.920
you're pointing about, the collapse of our birth rate in the United States, is a reflection of,
00:35:59.940
I believe, in part, the growing unhappiness in this country.
00:36:04.880
Yeah. And you know what? And that's Israel, where you're mandated as a man to go into the military.
00:36:09.420
That's a whole different thing. We can't draft people into the military here. But I constantly
00:36:13.040
ask myself, I have no kids. I'm not married. Why would I want to do that to myself as for the kids
00:36:17.940
aspect? Why do I want to bring a kid into the world where I'm considered a domestic terrorist if I go
00:36:23.040
against what they're being taught in school? Why do I want to bring a kid into the world where it's not
00:36:27.700
even affordable to live in New York if you're not making $150,000 or more? Why do I want to bring
00:36:33.020
a kid into the world who's going to be indoctrinated once he or she goes to college to a belief? Why
00:36:38.140
do I want to bring a kid into the world that's going to grow up one day to hate me because I
00:36:41.620
teach them right from wrong? It's a very, very, very big problem. We could spend hours talking about
00:36:48.080
it. Before we get to your lawsuit, I want to talk about President Trump looking to cancel the visas of
00:36:53.360
the pro-Palestine protesters. We'd spoken to you a lot. You were on the show a bunch back when we had
00:36:58.780
the Palestinian protests at NYU and at Harvard and Cornell. Your thoughts as this is one of President
00:37:06.060
Trump's first acts in the first, as we say, 11 days in office to go after these terrorist
00:37:11.680
sympathizers who were terrorizing kids, were terrorizing a university, shutting down universities
00:37:17.360
like they own the place. Well, I think you better look at what the terms of their visas are. Let's
00:37:22.320
remember, these are people who are here on permission. And the terms of their, as I understand
00:37:28.360
the argument, is that this conduct by them, you know, flying the Hezbollah flag, flying the Hamas
00:37:34.720
flag, which may be lawful for an American to do it, may be lawful for them to do it. They don't go to
00:37:41.000
jail for it. But it might violate the terms of their visa that brought them here, allowed them to come
00:37:45.480
here. And I think the terms of visas is legitimate and should be enforced. And so I think that might be
00:37:52.120
a positive thing. I think if you look at a lot of these protests, there seem to be a very
00:37:56.800
disproportionate number of foreigners who are here on visas, taunting people on the streets and
00:38:02.200
engaging in aggressive conduct that may not be criminal in the United States, but may violate
00:38:08.400
the terms of their visa. And I think we should toughen up those visas. You don't have a right to
00:38:13.060
come to this country. And if you're going to come here, you have to abide by the terms that we allowed
00:38:18.200
you in. And I don't know if that conduct violates the visas or not. The president seems to think it
00:38:23.940
does. That will be litigated, of course. Everything's litigated. But, you know, I'm not very sympathetic to
00:38:30.300
the people who come here on a visa and the visa says you can't engage in support of terrorist groups or
00:38:37.220
whatever, and then comes here and, you know, taunts students, not just Jewish, but taunts American
00:38:43.420
students with a Hamas flag or with an ISIS flag. You're not deserving to be in this country if that's
00:38:51.180
what you're doing. Now, if you just have an opinion we don't like, that's a different thing. But I think
00:38:56.860
take it as it comes. And as of now, my understanding is the threat of deporting people is not because you
00:39:04.080
don't like their opinion, but because they're engaging in conduct, which violates the terms of their visas.
00:39:09.300
And this didn't even mention the guys and women who are burning American flags. Nobody's telling
00:39:14.600
you you have to be in this country. That's the great thing about it. If you're an American citizen,
00:39:18.440
you can leave freely. If you're not an American citizen, you're free to go back where you came
00:39:22.220
from if you hate this country and you hate the people that are here and the fabrics that we stand
00:39:25.980
for. It doesn't get much simpler than that. We all dealt with Joe Biden for four years gruelingly
00:39:33.200
with all the bad things he did in this country, and we took it. None of us said,
00:39:36.960
Berg, leave in the country if he wins. I think it's probably because they're a little bit more
00:39:40.480
level-headed than some of these marches. But it's truly sickening that this is what it's come to.
00:39:45.900
Real quick, before we get to your lawsuit, I keep saying we're getting to it, but I want to ask you
00:39:49.380
about President Trump's deportations and get a legal scholar's mind on it. I had said, and I believed
00:39:56.420
before he took office, that somewhere, somehow, it's going to get caught up in the courts.
00:40:01.600
Someone's going to come and block it. There's nothing in the Constitution about birthright
00:40:06.640
citizenship. What's your take on the deportations? Are we going to be allowed to continue to do
00:40:13.080
them? And President Trump wanted to get rid of birthright citizenship. What do you think the
00:40:18.280
implications are for that? Yeah, well, on the deportations, I think that it would not shock me
00:40:24.700
if some district court judges put a halt to things. But there are two to three million people
00:40:32.840
in this country illegally who have gone through the immigration judicial system. They have been
00:40:40.260
ordered to leave. Their asylum claims were denied, and they're still here. They have no basis for
00:40:45.600
interfering with that federal judge. Same with people who are here illegally and commit crimes.
00:40:50.680
You know, it would be nice if Congress would do its job, but there are already enough laws on the
00:40:57.220
books to deport them. And the, you know, law that I think it was signed today or yesterday about the
00:41:04.900
young woman in Georgia who was killed by Lakin Riley, that's legislation which should allow a lot of
00:41:13.740
these people. Remember, the outrageous thing about Democrats voting against that is we're talking about
00:41:20.460
people who are here illegally and who committed crimes while violent crimes while here. And they
00:41:26.680
want them to stay? Yeah. Okay. You know, sorry. So I think there will be a deportation. There will be a
00:41:34.400
lot of what's called self-deportation once the job opportunities dry up, once this is no longer their
00:41:41.460
free meal ticket. I think you'll find a lot of people leaving. I would not be surprised. It's not
00:41:47.300
going to address everything. On the issue of birthright citizenship, a lot of people are
00:41:51.520
treating that as a frivolous issue. Oh, you know, the Supreme Court's already recognized birthright
00:41:56.180
citizenship. Not really. It's not as clear as people think. The decision that people keep referring to
00:42:02.740
had to do with the children born to permanent resident aliens here. People who had permission to
00:42:10.600
stay permanently in the country. Not somebody who just landed on a plane from, you know, Asia on
00:42:17.580
birthright tourism. Not somebody who crossed the border illegally and gave birth. There's never,
00:42:24.000
to my knowledge, been a Supreme Court ruling on whether somebody, the child of somebody in the country
00:42:29.540
illegally is entitled to birthright citizenship. And there is significant evidence that the framers or the
00:42:39.440
14th Amendment did not intend that when they framed the issue of that's now called birthright citizenship.
00:42:47.520
So I don't think it's a frivolous issue. I can't predict how the court will come down. But it is not
00:42:52.680
a frivolous issue like some, like all of the media is treating it, all of the legacy media is treating it
00:42:58.500
like this is crazy. This is, you know, frivolous. A judge made a comment, apparently, in one of the
00:43:05.200
cases. Like, I can't believe any lawyer would come in here and argue. Well, there's a lot of scholarly
00:43:10.000
articles that argue that, one, our notion of birthright citizenship is not supported by the
00:43:16.980
Constitution and the framers of the 14th Amendment. And also that the case law really isn't as strong
00:43:23.320
for it as people are claiming. Right. I think that makes perfect sense. Well, I guess we'll just have
00:43:28.080
to wait and see how it plays out. But I wanted to get your take on that because, like I said, I think
00:43:33.040
you're a brilliant legal scholar. It's so funny to me how two people so far right, so far left can
00:43:39.640
be so far disconnected on the same issue. You know, there are some brilliant legal minds on the
00:43:46.340
left, not many, but it's just so funny to me. I want to turn to a lawsuit that you had filed last
00:43:52.200
August that's finally now picking up some traction against the Ithaca School District and their
00:43:57.180
discrimination against white students. Tell us a little bit about what's going on with the case and
00:44:02.340
how it's going to progress. So I teach at Cornell, which is in Ithaca. Okay. And it came to my
00:44:09.100
attention, I don't even remember how, somebody must have tipped me off or something, that they'd been
00:44:13.300
running a program called Students of Color United Annual Gathering, and that white students were
00:44:22.580
excluded from it. And I looked into it and I researched it. And sure enough, this was a horrible
00:44:28.660
program running over four years in the Ithaca City School District to which white students were
00:44:35.180
barred. To the extent, I mean, I'm not even talking about nuance here. They had a frequently asked
00:44:41.140
question on the official website explaining, why aren't white students invited? Okay. The registration
00:44:48.920
form required students registering for this event to affirm that they understand this is only for students
00:44:57.520
of color. Okay. The administrative emails that we gathered through various processes, mostly freedom
00:45:06.220
of information law process in New York. It was very clear, every level administrator. And what's outrageous
00:45:14.320
about it is that people did complain. Okay. After the first year of this event in 2021, I think it was,
00:45:22.640
people complained. Formally, it came up at the Board of Education, and the Board of Education ignored the
00:45:28.980
complaints. People in the community, and this is a liberal community, are saying, this doesn't seem right to me.
00:45:36.120
Okay. Why are we segregating students by race? The students who were, the non-white students were released
00:45:43.480
from class on the days of this event, and the white students had to stand behind, you know, in class, stay behind in
00:45:51.400
class. And so really grotesque stuff. And so we sent a demand letter to the district and went public with
00:45:57.880
it and got it written up, a lot of publicity. And the district said, oh, we're not really doing that.
00:46:02.660
That was just a miscommunication. And I didn't like that. Okay. Because it wasn't a miscommunication.
00:46:09.860
We have four years of your records. Okay. And so we then followed up in August. So that would have been
00:46:15.400
late May, early June of last year, after they'd been doing it for four years. And we filed a complaint,
00:46:22.880
civil rights complaint, with the Office for Civil Rights of the U.S. Department of Education. And in
00:46:29.020
it, we asked the Department of Education to open an investigation and take action against the district
00:46:34.080
for this grotesque four-year discriminatory program that they had. And just now, with this
00:46:41.000
incoming Trump administration, they opened a formal investigation. And that's the first big step
00:46:47.220
in any civil rights complaint with the department, is when they make the decision to open the
00:46:52.880
investigation. That doesn't mean they found the district guilty, but it means they think there's
00:46:58.340
enough there to open it. So that's what we have. They've now moved into higher gear. Let's put it that
00:47:04.160
way. And we think the district needs to be held accountable because dozens of teachers were involved in this.
00:47:11.000
Dozens of administrators up to the highest level. The Board of Education was involved in this.
00:47:18.480
And they were non-apologetic. They've never apologized for it. They've denied and obfuscated
00:47:24.920
what they did. They wrote it off in a press release, a public statement. This was a miscommunication.
00:47:30.900
We apologize for any misunderstanding from our communications. We will try to be better in the
00:47:36.920
future. No, this was outright discrimination on the basis of race against white students who could
00:47:43.480
not attend this event. And we want them to be held accountable. And I hope the Department of Education
00:47:48.680
does. We're calling for many things. I think they need a fine. I think they need to not just to have
00:47:56.060
perhaps an administrative monitor or so-called special master appointed. This is a district that's in very deep
00:48:02.760
denial about what they did. They still haven't apologized for it. I mean, that tells you right
00:48:07.840
there. And that's what we want. And hopefully under this new administration, you know, I'm not that
00:48:14.600
critical of the Department of Education Office for Civil Rights. They've opened other investigations for
00:48:20.820
us. But I really hope the new administration takes it to a new level and a new level of enforcement.
00:48:26.480
And these schools need to understand. We filed over 60 cases so far. These schools need to understand
00:48:32.420
the civil rights laws protect everybody. They don't only protect one race. And racism against whites,
00:48:40.600
against Asians is not OK, just like racism against blacks and Hispanics is not OK. There's got to be
00:48:46.680
equal enforcement of the laws. And that's what our Equal Protection Project, EqualProtect.org is all about,
00:48:52.820
which is holding schools accountable to not just the civil rights laws, not just the 14th Amendment,
00:49:00.200
but their own rules and regulations. All of these districts and all of these universities,
00:49:05.020
the 60 we filed against, all have in their internal rules that they will not discriminate on the basis of
00:49:10.960
race or national origin. And then they go out and they do it anyway. So I think Ithaca School District
00:49:17.100
needs to be made an example of. I'll go one further. I'm all for getting rid of the Department of
00:49:21.720
Education altogether. It's far too much corruption there. There's far too many bureaucrats who skate
00:49:27.560
by. You probably know a little something about tenure. They've probably got something over there
00:49:31.340
that, you know, makes them non-fireable and they just sit there their whole lives. They get a pension
00:49:36.780
and they mean to do harm. We need more attorneys like you in this country. And I know I understand
00:49:42.100
fully why you're one of Lou's favorite attorneys to have on the show. Folks, if you want to support
00:49:47.780
Professor Jacobson and his project, it's the Equal Protection Project. You go to equalprotect.org.
00:49:53.420
You can donate. You can read all about all the work that they're doing for this great country
00:49:57.620
and stopping this whole nonsense, this critical race era that we're in that hopefully is ending
00:50:03.960
soon. Professor William Jacobson, I appreciate you joining us today. Come back soon.
00:50:07.540
Great. Thank you very much. Thanks everybody for being with us today. Please be sure to join us
00:50:11.620
back here tomorrow for The Great America Show where our quest for truth, justice, and the American
00:50:16.020
way continues. Folks, we'll see you right back here tomorrow. Same time, same place. Until then,
00:50:20.900
may God bless you. May God bless America and may God bless the great Lou Dobbs. We'll see you tomorrow.