Jay Sekulow speaks about the protection of religious freedoms in America.
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Sekulow | Sekulow - CNN Post Backfires Again, As SCOTUS Weighs Defamation Case | March 25, 2026
- (casual inspirational music)
- 00:00:00.508 --> 00:00:22.397
- - welcome to "sekulow."
- 00:00:22.897 --> 00:00:24.299
- I'm will haynes.
- 00:00:24.299 --> 00:00:25.633
- I'm joined in studio by jordan sekulow.
- 00:00:25.633 --> 00:00:27.402
- We'll be joined by senior managing counsel for the aclj,
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- Christina compagnone, to tell us about a major victory
- 00:00:30.972 --> 00:00:34.175
- The aclj got in federal court and the appeals court level.
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- But today we're gonna start off with something
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- That's, i guess, not surprising based off who the source is,
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- But still shocking nonetheless.
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- You remember over the weekend,
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- There was a attempted terror attack
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- Against people expressing their first amendment right,
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- Protesting outside of gracie manchin in new york,
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- The residence of the mayor,
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- And two individuals ran forward, screamed, "allahu akbar,"
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- And threw ieds into the crowd.
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- It is very fortunate
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- That these did not explode
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- And cause mass injury and death.
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- They have already been arraigned.
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- They were, both of the individuals were caught.
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- They were said to be inspired by isis.
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- They lamented that the boston marathon bombings
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- Only killed three people.
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- These were not individuals that were all
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- Of a sudden caught up in something.
- 00:01:37.772 --> 00:01:40.275
- But yet, if you follow cnn on x,
- 00:01:40.275 --> 00:01:45.079
- You may have seen this post:
- 00:01:45.079 --> 00:01:47.982
- "two pennsylvania teenagers crossed into new york city
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- Saturday morning for what could have been
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- A normal day, enjoying the city,
- 00:01:53.988 --> 00:01:57.025
- During abnormally warm weather.
- 00:01:57.025 --> 00:01:59.861
- But in less than an hour,
- 00:01:59.861 --> 00:02:01.629
- Their lives would drastically change,
- 00:02:01.629 --> 00:02:04.399
- As the pair would be arrested for throwing homemade bombs
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- During an anti-muslim protest outside
- 00:02:07.936 --> 00:02:10.371
- Of mayor zohran mamdani's home.
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- Here's what we know so far."
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- The framing, it hearkens back to the fiery,
- 00:02:17.078 --> 00:02:21.916
- But mostly peaceful, protests that happened
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- Around the george floyd incident.
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- It is cnn doing what cnn does.
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- They have since taken that post down
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- And updated it, saying that it doesn't reflect the gravity
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- Of the incident
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- And goes against their editorial standards.
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- But jordan, this is cnn.
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- This is what they do.
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- And actually a major reason
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- Why we are at the supreme court going against cnn right now.
- 00:02:53.081 --> 00:02:58.052
- - that's right.
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- Because even this, i mean,
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- You start wondering who are they focusing on?
- 00:03:00.688 --> 00:03:01.823
- The images they show around the event
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- Will sometimes be the maga protestors.
- 00:03:03.324 --> 00:03:05.827
- So were those the people
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- That they're trying to indicate to you
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- If you're just looking at the newspaper,
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- These are the people that were the problem.
- 00:03:10.565 --> 00:03:12.533
- But second, the idea that they were just kind
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- Of normal guys going into the city and their life changed.
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- No, they intentionally came into the city
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- To cause people to die in the name of terrorism,
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- Isis-inspired attack.
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- They were not two guys who people just randomly came up
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- To and said, "hey, will you throw these bombs,"
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- Or put these bombs in strategic locations
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- While there is a pro-con conservative rally going on
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- Outside the mayor's office?
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- No, these were sleeper cells likely,
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- Or those lone wolves who were inspired by isis.
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- They had no other task going into new york city
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- On that beautiful spring day than to kill americans
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- And others who are protesting against
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- The mayor and supporting israel.
- 00:04:04.185 --> 00:04:06.220
- - that's right.
- 00:04:06.220 --> 00:04:07.055
- And when we come back,
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- We have an update actually on that cert petition
- 00:04:08.456 --> 00:04:10.224
- That we have before the supreme court taking on cnn.
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- That we have before the supreme court taking on cnn.
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- (casual inspirational music)
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- Welcome back to sekulow.
- 00:04:18.503 --> 00:04:19.971
- Will haynes here joined in studio
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- By jordan sekulow.
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- And we are talking about this statement from cnn
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- That they put out in the wake
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- Of the attempted terror attack in new york city
- 00:04:29.080 --> 00:04:33.518
- Over the weekend,
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- Where they said, "two pennsylvania teenagers crossed
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- Into new york city saturday morning
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- For what could have been a normal day enjoying
- 00:04:39.590 --> 00:04:41.692
- The city during abnormally warm weather.
- 00:04:41.692 --> 00:04:44.729
- But in less than an hour their lives
- 00:04:44.729 --> 00:04:46.631
- Would drastically change as the pair would be arrested
- 00:04:46.631 --> 00:04:50.134
- For throwing homemade bombs during an anti-muslim protest
- 00:04:50.134 --> 00:04:53.538
- Outside mayor zohran mamdani's home.
- 00:04:53.538 --> 00:04:56.607
- Here's what we know so far."
- 00:04:56.607 --> 00:04:58.676
- Now, that post has been taken down.
- 00:04:58.676 --> 00:05:00.945
- They have said that a post regarding
- 00:05:00.945 --> 00:05:03.314
- The two individuals arrested
- 00:05:03.314 --> 00:05:04.749
- For throwing homemade bombs outside new york city,
- 00:05:04.749 --> 00:05:07.051
- Mayor zohran mamdani's home failed to reflect the gravity
- 00:05:07.051 --> 00:05:09.787
- Of the incident and thereby breaching
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- The editorial standards we require for all our reporting.
- 00:05:13.424 --> 00:05:16.294
- It has therefore been deleted.
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- Jordan, i mean, you expected-
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- - you laugh because i mean, you could be crying
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- In the sense that this is how they're trying
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- To mislead the american people.
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- At a time when our fbi said
- 00:05:29.941 --> 00:05:31.709
- The security is heightened,
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- That we have to watch out for sleeper cells,
- 00:05:33.578 --> 00:05:35.346
- They've picked up these kind of old school ways
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- Of communicating with spies where they use certain words
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- That they can then, that don't necessarily mean anything,
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- That they can then use as a code book to decipher
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- And put that into a message.
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- And so they've picked that up.
- 00:05:49.961 --> 00:05:51.762
- Yet, cnn tries
- 00:05:51.762 --> 00:05:53.097
- To act like these are just two regular guys
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- Who decided, what, within minutes
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- That they were gonna build a bomb while they were
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- In new york city
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- And then go to a known protest of conservatives
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- And throw it at them
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- Or leave it at them to kill as many as possible.
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- That's not a normal day in new york.
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- And they didn't put those bombs together
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- While they were deciding whether, oh, we should do this.
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- We should commit an act of terror.
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- They were isis-inspired.
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- It was an intentional, they premeditated this attack,
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- And that's what the new york times forgot.
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- This was a premeditated attack, thankfully thwarted,
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- On fellow americans because of their political
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- Or religious views.
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- - that's right.
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- I mean even the fact that that cnn frames it
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- As in less than an hour,
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- Their lives would drastically change.
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- Why?
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- Because they got caught?
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- No, their lives were consistent,
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- It feels like, up to that point,
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- From whenever they became radicalized
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- And decided to commit an act of terror.
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- I feel like that is when their life changed,
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- Not when they were arrested
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- And thankfully their plot was not carried out.
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- Yes, the change for them was that they are no longer free
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- To commit terror.
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- But yet cnn has to frame it in the most absurd way.
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- When you have brian stelter criticizing
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- His own network about the framing of it,
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- You know you've gone too far.
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- Because that is the king of misframing things
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- And spin at cnn,
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- And he said the story itself was solid,
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- But the tweet was outrageous.
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- - well, and that's what they want.
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- They need the clickbait.
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- So they, the story itself more and more matters so little,
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- Because people look and they retweet
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- Before they even click on that link,
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- Because they like the idea,
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- They like the headline or they agree with it.
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- And that can happen on both sides of the aisle.
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- But we certainly see it more on the left, this clickbait,
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- This idea that, oh, it's just these guys
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- And their life changed forever.
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- Well, thank god they will be behind bars hopefully
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- For the rest of their life or for a very long time,
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- Because they could have killed,
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- Not just changed people's life, but killed people
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- Because of the premeditated act of terror inspired by isis
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- That they were committed to carrying out.
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- And their attack, thankfully, was thwarted.
- 00:08:03.160 --> 00:08:05.796
- These aren't two normal guys.
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- These are two dangerous terrorists.
- 00:08:07.698 --> 00:08:09.867
- - and once again, that is one of the reasons,
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- Not this story specifically,
- 00:08:12.236 --> 00:08:13.804
- But goes into why we are at the supreme court right now.
- 00:08:13.804 --> 00:08:17.708
- Because cnn frames things
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- That are outside of the truth.
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- And we know that because in a case, dershowitz v. cnn,
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- Of which we have a cert petition pending
- 00:08:27.885 --> 00:08:29.453
- At the supreme court, cnn decided to take something
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- That professor alan dershowitz said
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- During the first trump impeachment trial,
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- In the well of the senate,
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- Something that was documented widely,
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- Played in real time,
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- And could have been fact-checked by cnn.
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- They decided to take out the context of what he said
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- And air the hypothetical that he said
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- As if that was his point.
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- And then continuously went with that
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- And claimed it was something new called
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- The dershowitz doctrine.
- 00:09:01.786 --> 00:09:03.988
- The lower courts all said, listen,
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- If it weren't for new york times v. sullivan,
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- This precedent at the supreme court, he was defamed.
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- By all definitions of the law,
- 00:09:15.199 --> 00:09:18.235
- Professor dershowitz was defamed by cnn.
- 00:09:18.235 --> 00:09:20.905
- However, we have a problem. what is that problem?
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- Supreme court precedent.
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- That is exactly
- 00:09:24.642 --> 00:09:26.043
- What we are fighting at the supreme court right now.
- 00:09:26.043 --> 00:09:28.279
- That precedent was something
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- That professor dershowitz himself was a clerk in help
- 00:09:29.780 --> 00:09:33.551
- Crafting the opinion that even he says is now no longer
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- How things should be going
- 00:09:38.389 --> 00:09:39.790
- Because of the nature of the world today.
- 00:09:39.790 --> 00:09:42.026
- But here's the other catch, cnn tried
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- To not have to respond.
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- We filed our petition
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- And they met at the deadline, filed a notice
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- That they were waiving their right to respond
- 00:09:52.870 --> 00:09:55.306
- To our cert petition.
- 00:09:55.306 --> 00:09:56.907
- The supreme court said, not so fast.
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- We want to hear from you, cnn.
- 00:09:59.543 --> 00:10:01.979
- So cnn was then ordered to produce a response.
- 00:10:01.979 --> 00:10:06.283
- Then cnn said, okay, well, we're not ready.
- 00:10:06.283 --> 00:10:08.686
- So they asked for an extension, which is normal,
- 00:10:08.686 --> 00:10:11.122
- And granted by the supreme court.
- 00:10:11.122 --> 00:10:13.390
- Their answer is now due less than a month from today.
- 00:10:13.390 --> 00:10:16.560
- April the third, cnn must respond
- 00:10:16.560 --> 00:10:20.264
- To our cert petition about this entire case
- 00:10:20.264 --> 00:10:24.268
- That we are asking the supreme court to take up.
- 00:10:24.268 --> 00:10:26.904
- So this is where we are at,
- 00:10:26.904 --> 00:10:29.440
- And we are going, i'm sorry, not the april 3rd, april 17th.
- 00:10:29.440 --> 00:10:33.677
- So just over a month from today, we will see
- 00:10:33.677 --> 00:10:37.648
- What cnn has to say for themselves in this,
- 00:10:37.648 --> 00:10:39.984
- And then we get to file a reply by may 1st.
- 00:10:39.984 --> 00:10:43.554
- - that's right.
- 00:10:43.554 --> 00:10:44.488
- And will let me explain kind
- 00:10:44.488 --> 00:10:45.689
- Of the legal strategy there by cnn.
- 00:10:45.689 --> 00:10:46.590
- They don't reply initially
- 00:10:46.590 --> 00:10:48.692
- Because they want to act like this is not a serious lawsuit,
- 00:10:48.692 --> 00:10:52.163
- And they think the court will just never take this,
- 00:10:52.163 --> 00:10:55.466
- Dismiss it,
- 00:10:55.466 --> 00:10:56.634
- And doesn't even need their reasoning.
- 00:10:56.634 --> 00:10:58.669
- So when the court came back, that is huge,
- 00:10:58.669 --> 00:11:01.338
- Especially in a case
- 00:11:01.338 --> 00:11:03.073
- That is challenging supreme court precedent, stare decisis,
- 00:11:03.073 --> 00:11:06.977
- Something the courts and lower courts have relied on since
- 00:11:06.977 --> 00:11:10.314
- The new york times v. sullivan case.
- 00:11:10.314 --> 00:11:13.117
- So they are really thinking about at least four
- 00:11:13.117 --> 00:11:15.719
- Of those justices about hearing the arguments,
- 00:11:15.719 --> 00:11:19.156
- Both from our briefing, but now requiring cnn to brief it,
- 00:11:19.156 --> 00:11:23.093
- And then potentially taking up the case
- 00:11:23.093 --> 00:11:26.096
- To the us supreme court for oral argument.
- 00:11:26.096 --> 00:11:28.532
- So, the fact that cnn was forced to reply is good news.
- 00:11:28.532 --> 00:11:33.137
- It's not 100% that that case,
- 00:11:33.137 --> 00:11:34.939
- There never is 100% that it's going
- 00:11:34.939 --> 00:11:36.941
- To get all the way to a hearing at the us supreme court
- 00:11:36.941 --> 00:11:39.643
- With a final decision.
- 00:11:39.643 --> 00:11:41.111
- But in a case of this magnitude,
- 00:11:41.111 --> 00:11:42.980
- Overturning a precedent which has become something
- 00:11:42.980 --> 00:11:48.285
- That it was never intended to be,
- 00:11:49.019 --> 00:11:50.120
- It was about elected officials.
- 00:11:50.120 --> 00:11:52.223
- That was it.
- 00:11:52.223 --> 00:11:53.324
- Basically people who were officers
- 00:11:53.324 --> 00:11:55.192
- Of the government paid for by taxpayers,
- 00:11:55.192 --> 00:11:57.561
- Not personal individuals who happen to have a high profile
- 00:11:57.561 --> 00:12:01.899
- Because of their business position or their abilities,
- 00:12:01.899 --> 00:12:06.003
- Or the fact that they appear on television news.
- 00:12:06.003 --> 00:12:10.174
- This again, folks would be likely
- 00:12:10.174 --> 00:12:12.576
- When you move aside, maybe the overturning
- 00:12:12.576 --> 00:12:15.179
- Of roe v. wade, are cases establishing
- 00:12:15.179 --> 00:12:18.482
- Religious liberty as speech that you can't discriminate,
- 00:12:18.482 --> 00:12:21.418
- Which we're fighting all the time.
- 00:12:21.418 --> 00:12:23.254
- So the cases on life, the national security.
- 00:12:23.254 --> 00:12:26.390
- But when you come to overturning a precedent
- 00:12:26.390 --> 00:12:29.093
- Like new york times v. sullivan,
- 00:12:29.093 --> 00:12:31.495
- That is gigantic in legal history.
- 00:12:31.495 --> 00:12:34.999
- - john, i'm sorry we had a lot to get to,
- 00:12:34.999 --> 00:12:37.301
- But thank you so much for holding on.
- 00:12:37.301 --> 00:12:39.436
- You're on "sekulow," go ahead.
- 00:12:39.436 --> 00:12:42.172
- - [john] thanks for taking our call, guys.
- 00:12:43.073 --> 00:12:44.341
- I tell you what of all,
- 00:12:44.341 --> 00:12:45.776
- American justice department doesn't start pursuing
- 00:12:45.776 --> 00:12:48.178
- These so-called journalists,
- 00:12:48.178 --> 00:12:50.381
- And many in our democratic party more aggressively
- 00:12:50.381 --> 00:12:53.183
- For giving aid and comfort to the enemy,
- 00:12:53.183 --> 00:12:55.753
- Then we're pretty much doomed and through as a nation.
- 00:12:55.753 --> 00:12:58.055
- I'm telling you, they're they're more
- 00:12:58.055 --> 00:12:59.156
- Of a threat us than iran!
- 00:12:59.156 --> 00:13:00.691
- - so john, i hear what you're saying,
- 00:13:00.691 --> 00:13:03.160
- And obviously it's easy to get fired up about this.
- 00:13:03.160 --> 00:13:05.462
- Because you read the absurdity.
- 00:13:05.462 --> 00:13:07.998
- Now, one, we are robust defenders
- 00:13:07.998 --> 00:13:12.236
- And advocates for the first amendment,
- 00:13:12.236 --> 00:13:13.938
- For the freedom of speech,
- 00:13:13.938 --> 00:13:15.172
- Freedom of religion, freedom of press.
- 00:13:15.172 --> 00:13:16.507
- - helps expose bad ideas.
- 00:13:16.507 --> 00:13:18.575
- - right, right. exactly.
- 00:13:18.575 --> 00:13:19.944
- Kind of the old adage is
- 00:13:19.944 --> 00:13:21.679
- The way you fight bad speech is not with taking it away.
- 00:13:21.679 --> 00:13:27.017
- It's by giving more speech, being able to combat that.
- 00:13:28.118 --> 00:13:30.087
- Now, i agree with you, it's absurd what you're seeing.
- 00:13:30.087 --> 00:13:33.290
- The fact that they would frame two individuals
- 00:13:33.290 --> 00:13:35.693
- That were trying to kill americans based off an ideology,
- 00:13:35.693 --> 00:13:38.963
- A true terrorist attack,
- 00:13:38.963 --> 00:13:41.131
- An ideology we have been fighting an isis.
- 00:13:41.131 --> 00:13:45.169
- It's absurd. yes.
- 00:13:45.602 --> 00:13:47.104
- They shouldn't get away with it.
- 00:13:47.104 --> 00:13:48.005
- However, that in
- 00:13:48.005 --> 00:13:49.673
- And of itself does not violate the first amendment
- 00:13:49.673 --> 00:13:52.242
- Or even the freedom of press.
- 00:13:52.242 --> 00:13:53.344
- It's disgusting, yes.
- 00:13:53.344 --> 00:13:55.412
- But there are ways that we can go
- 00:13:55.412 --> 00:13:57.948
- After those that do take it too far, such as cnn,
- 00:13:57.948 --> 00:14:02.186
- And that is exactly
- 00:14:02.186 --> 00:14:03.454
- What we're doing at the supreme court right now.
- 00:14:03.454 --> 00:14:04.989
- And once again, this wasn't the only thing that cnn had
- 00:14:04.989 --> 00:14:09.393
- To apologize for around this story
- 00:14:09.393 --> 00:14:12.930
- Within the last 24 hours.
- 00:14:12.930 --> 00:14:14.965
- This is bite one.
- 00:14:14.965 --> 00:14:16.233
- This is abby philip, how she opened her show,
- 00:14:16.233 --> 00:14:19.870
- And how she framed this attempted terror attack.
- 00:14:19.870 --> 00:14:24.341
- Let's go ahead and play bite one.
- 00:14:24.341 --> 00:14:27.211
- - two republicans say muslims don't belong here
- 00:14:27.211 --> 00:14:30.180
- After an attempted terror attack against
- 00:14:30.180 --> 00:14:32.149
- New york's mayor zohran mamdani,
- 00:14:32.149 --> 00:14:34.852
- And the house speaker mike johnson says nothing,
- 00:14:34.852 --> 00:14:37.921
- Really, to condemn those comments.
- 00:14:37.921 --> 00:14:39.690
- And another special guest is gonna be with us at the table.
- 00:14:39.690 --> 00:14:42.226
- - once again, abby philip, they are trying so hard
- 00:14:42.226 --> 00:14:45.629
- To make this about racist conservatives.
- 00:14:45.629 --> 00:14:48.599
- That is their goal.
- 00:14:48.599 --> 00:14:49.867
- They wanna make this another racism play
- 00:14:49.867 --> 00:14:52.970
- Against conservatives.
- 00:14:52.970 --> 00:14:54.438
- She said, "two republicans say that muslims
- 00:14:54.438 --> 00:14:57.608
- Don't belong here
- 00:14:57.608 --> 00:14:58.876
- After an attempted terror attack against
- 00:14:58.876 --> 00:15:01.345
- New york mayor zohran mamdani."
- 00:15:01.345 --> 00:15:03.680
- Wait, what? that's who the target of this terror attack was?
- 00:15:03.680 --> 00:15:08.352
- Well, she got called out for it,
- 00:15:08.352 --> 00:15:11.221
- And this morning, not on her show,
- 00:15:11.221 --> 00:15:12.956
- We'll see if maybe she does this live
- 00:15:12.956 --> 00:15:14.792
- Once she gets back live today.
- 00:15:14.792 --> 00:15:16.827
- But said on x,
- 00:15:16.827 --> 00:15:18.662
- Put this up, about three hours ago
- 00:15:18.662 --> 00:15:20.264
- From when i am speaking to you now,
- 00:15:20.264 --> 00:15:23.434
- "i wanna correct something i said last night.
- 00:15:23.434 --> 00:15:25.769
- The bombs thrown in new york city over the weekend
- 00:15:25.769 --> 00:15:28.072
- By isis inspired attackers was thrown
- 00:15:28.072 --> 00:15:31.175
- Into a crowd of anti-muslim protestors,
- 00:15:31.175 --> 00:15:34.478
- And not specifically targeted at mayor mamdani.
- 00:15:34.478 --> 00:15:38.482
- The wording was inaccurate
- 00:15:38.482 --> 00:15:39.850
- And i didn't catch it ahead of time.
- 00:15:39.850 --> 00:15:41.585
- I apologize for the error."
- 00:15:41.585 --> 00:15:44.021
- They are just stacking up factual inaccuracies
- 00:15:44.021 --> 00:15:48.492
- These days at cnn.
- 00:15:48.492 --> 00:15:50.094
- They are trying so desperately to frame a narrative.
- 00:15:50.094 --> 00:15:53.964
- They're not reporting.
- 00:15:53.964 --> 00:15:55.532
- This is not reporting.
- 00:15:55.532 --> 00:15:57.534
- This is trying to sell a narrative
- 00:15:57.534 --> 00:16:00.003
- To the american people, and it's not working.
- 00:16:00.003 --> 00:16:03.640
- And we will call them out when this happens.
- 00:16:04.575 --> 00:16:07.144
- And if necessary, we will take it
- 00:16:07.144 --> 00:16:09.980
- To court like we are doing currently
- 00:16:09.980 --> 00:16:12.049
- With a cert petition at the supreme court.
- 00:16:12.049 --> 00:16:16.010
- With a cert petition at the supreme court.
- 00:16:16.010 --> 00:16:16.946
- (casual uplifting music)
- 00:16:17.446 --> 00:16:20.183
- Welcome back to "sekulow."
- 00:16:20.183 --> 00:16:22.351
- And we are joined now by
- 00:16:22.351 --> 00:16:24.086
- Senior managing council christina compagnone
- 00:16:24.086 --> 00:16:27.089
- To tell us about a major victory out
- 00:16:27.089 --> 00:16:30.159
- Of the fifth circuit court of appeals.
- 00:16:30.159 --> 00:16:32.261
- This is a case that you've heard us talk about
- 00:16:32.261 --> 00:16:34.797
- For quite some time now
- 00:16:34.797 --> 00:16:36.299
- As these legal battles many times are not quick.
- 00:16:36.299 --> 00:16:39.502
- But this involves a teacher in texas
- 00:16:39.502 --> 00:16:42.805
- That was told originally,
- 00:16:42.805 --> 00:16:45.474
- "you cannot pray anywhere you can be seen by a student."
- 00:16:45.474 --> 00:16:50.580
- And we took that to court,
- 00:16:51.147 --> 00:16:52.381
- And it has gone now, part of this case
- 00:16:52.381 --> 00:16:55.351
- To the fifth circuit court of appeals.
- 00:16:55.351 --> 00:16:57.453
- Christie, first give us some back story
- 00:16:57.453 --> 00:17:00.256
- On what we were taking to the court of appeals
- 00:17:00.256 --> 00:17:03.993
- And then also what we are now seeing.
- 00:17:03.993 --> 00:17:07.630
- - of course.
- 00:17:07.964 --> 00:17:09.398
- So when we were in the district court in texas,
- 00:17:09.398 --> 00:17:12.201
- We had gone ahead and filed our complaint,
- 00:17:12.201 --> 00:17:14.804
- And then there was something called a motion
- 00:17:14.804 --> 00:17:16.272
- To dismiss on that complaint.
- 00:17:16.272 --> 00:17:17.807
- And essentially what that was, it says that none
- 00:17:17.807 --> 00:17:19.842
- Of these facts, if you take them all to be true,
- 00:17:19.842 --> 00:17:22.979
- Are going to support a victory or a win in court.
- 00:17:22.979 --> 00:17:26.582
- And one of the biggest reasons that they argued
- 00:17:26.582 --> 00:17:28.918
- That we could not win
- 00:17:28.918 --> 00:17:30.586
- Is because the principal who is the one who told our client,
- 00:17:30.586 --> 00:17:35.258
- Stacey barber, that she could not pray in front of students
- 00:17:35.258 --> 00:17:38.094
- And she could not pray at the poll,
- 00:17:38.094 --> 00:17:40.229
- That he had qualified immunity, which means
- 00:17:40.229 --> 00:17:43.499
- As a government official, he can't be sued for the things
- 00:17:43.499 --> 00:17:46.802
- That he says as a government official.
- 00:17:46.802 --> 00:17:49.338
- And of course, we argued that
- 00:17:49.338 --> 00:17:52.041
- And our district court judge said that, yes,
- 00:17:52.041 --> 00:17:55.077
- That he can be found liable even though
- 00:17:55.077 --> 00:17:58.447
- He's a government official with qualified immunity.
- 00:17:58.447 --> 00:18:00.449
- So we breached qualified immunity
- 00:18:00.449 --> 00:18:02.551
- Because this was a clearly established law
- 00:18:02.551 --> 00:18:05.388
- As we found at the supreme court in the kennedy case.
- 00:18:05.388 --> 00:18:08.357
- - [host] that's right.
- 00:18:08.357 --> 00:18:09.525
- - so then-
- 00:18:09.525 --> 00:18:10.359
- - i'll let you go,
- 00:18:10.359 --> 00:18:11.560
- But just for everyone
- 00:18:11.560 --> 00:18:12.862
- To get, the principal here was trying to argue
- 00:18:12.862 --> 00:18:16.465
- That because i am a government official,
- 00:18:16.465 --> 00:18:19.368
- It's essentially you can't do anything about me
- 00:18:19.368 --> 00:18:22.438
- Violating someone's constitutional right.
- 00:18:22.438 --> 00:18:25.041
- Even if there's supreme court precedent that says
- 00:18:25.041 --> 00:18:27.443
- That i can't do this, i can still get away with this,
- 00:18:27.443 --> 00:18:30.079
- Because i work for a government place.
- 00:18:30.079 --> 00:18:33.215
- This is a public school, you can't do anything here.
- 00:18:33.215 --> 00:18:36.952
- But go ahead, i'll let you continue.
- 00:18:36.952 --> 00:18:39.989
- - so the district court held for us,
- 00:18:40.756 --> 00:18:42.425
- Which is a really great victory,
- 00:18:42.425 --> 00:18:44.060
- But then the defendants went ahead
- 00:18:44.060 --> 00:18:45.995
- And appealed that to the fifth circuit.
- 00:18:45.995 --> 00:18:47.496
- And so we had to go back into court
- 00:18:47.496 --> 00:18:49.198
- And fight, this time with a oral argument,
- 00:18:49.198 --> 00:18:51.567
- In front of a three panels of judges.
- 00:18:51.567 --> 00:18:53.436
- And we argued again there that no, kennedy rules here.
- 00:18:53.436 --> 00:18:57.406
- That principle should have known at the time
- 00:18:57.406 --> 00:19:00.042
- He was telling her she can't pray,
- 00:19:00.042 --> 00:19:01.711
- That he was violating her rights,
- 00:19:01.711 --> 00:19:03.412
- Clearly established rights
- 00:19:03.412 --> 00:19:04.947
- That the supreme court has upheld
- 00:19:04.947 --> 00:19:06.649
- Only in the past four years.
- 00:19:06.649 --> 00:19:08.984
- - so we take this to the fifth circuit, this is something
- 00:19:08.984 --> 00:19:12.588
- That once you even leave district court,
- 00:19:12.588 --> 00:19:15.458
- It's a much broader base of judges, like you said,
- 00:19:15.458 --> 00:19:20.396
- Three-judge panel.
- 00:19:20.396 --> 00:19:22.198
- Also more questions arise whether you will succeed on this.
- 00:19:22.198 --> 00:19:26.335
- This is still, once again folks, we are still in the middle
- 00:19:26.335 --> 00:19:29.004
- Of this case, but yet we take this to the fifth circuit.
- 00:19:29.004 --> 00:19:32.274
- The, sorry, the principal appealed the lower court decision
- 00:19:32.274 --> 00:19:35.611
- Saying, "hey, i don't think
- 00:19:35.611 --> 00:19:37.680
- That the district court got this right."
- 00:19:37.680 --> 00:19:40.683
- We argue, no, the supreme court under kennedy
- 00:19:40.683 --> 00:19:45.020
- Shows that this should be known,
- 00:19:45.654 --> 00:19:47.790
- And what happens next at the fifth circuit
- 00:19:47.790 --> 00:19:50.059
- As we fight this appeal and what kind of victory
- 00:19:50.059 --> 00:19:54.597
- And outcome have we gotten now?
- 00:19:54.597 --> 00:19:56.966
- - it's very exciting because the fifth circuit
- 00:19:57.933 --> 00:20:00.236
- Went ahead and held that, yes,
- 00:20:00.236 --> 00:20:01.937
- The principal did violate a clearly established law
- 00:20:01.937 --> 00:20:05.241
- As found in kennedy.
- 00:20:05.241 --> 00:20:06.509
- And that if you take our complaint as truth,
- 00:20:06.509 --> 00:20:09.745
- We will be successful in our lawsuit.
- 00:20:09.745 --> 00:20:12.181
- So this is really wonderful news for us.
- 00:20:12.181 --> 00:20:15.384
- - and jordan's joining me as well.
- 00:20:15.384 --> 00:20:16.852
- Christie, he's got a question to pass along as well.
- 00:20:16.852 --> 00:20:19.021
- - yeah, what what's interesting to me, christie,
- 00:20:19.021 --> 00:20:20.623
- Is they're using taxpayer dollars to continue to fight this,
- 00:20:20.623 --> 00:20:23.325
- To continue to appeal.
- 00:20:23.325 --> 00:20:25.060
- I mean, could you see this school district trying
- 00:20:25.060 --> 00:20:28.097
- To take this all the way to the supreme court if necessary?
- 00:20:28.097 --> 00:20:31.700
- I don't know that the court would hear the case,
- 00:20:31.700 --> 00:20:33.936
- Because i think it's pretty settled law,
- 00:20:33.936 --> 00:20:35.938
- But it seems like they are ready
- 00:20:35.938 --> 00:20:37.706
- To use the taxpayer's coffers
- 00:20:37.706 --> 00:20:39.642
- And all the money they pay in to fight
- 00:20:39.642 --> 00:20:42.511
- Because a teacher had the audacity to pray,
- 00:20:42.511 --> 00:20:45.781
- And even though they've lost all the way up.
- 00:20:45.781 --> 00:20:50.419
- - i have to tell you, jordan,
- 00:20:51.053 --> 00:20:52.621
- It really does seem like this is maybe the kind of defense
- 00:20:52.621 --> 00:20:55.324
- That they're gonna play, this long game.
- 00:20:55.324 --> 00:20:57.393
- We've actually said there's a very real possibility
- 00:20:57.393 --> 00:20:59.562
- That they will be trying a cert appeal at the supreme court.
- 00:20:59.562 --> 00:21:02.331
- As you said, it obviously is not gonna be successful
- 00:21:02.331 --> 00:21:04.767
- And is just wasting time and dollars.
- 00:21:04.767 --> 00:21:07.503
- But if they were smart, they would come back
- 00:21:07.503 --> 00:21:09.171
- To the table now at the district court
- 00:21:09.171 --> 00:21:10.940
- And maybe admit that there was something wrong here.
- 00:21:10.940 --> 00:21:14.009
- - yeah, i mean, one thing that could be interesting
- 00:21:14.009 --> 00:21:15.544
- If they did take it to the us supreme court
- 00:21:15.544 --> 00:21:17.046
- Is maybe it gives the supreme court
- 00:21:17.046 --> 00:21:18.447
- Yet another opportunity to make it clear
- 00:21:18.447 --> 00:21:21.016
- To all these government agencies, including schools,
- 00:21:21.016 --> 00:21:23.819
- That, hey, look at the kennedy opinion, where we went there.
- 00:21:23.819 --> 00:21:27.790
- When you're trying to do this to a teacher,
- 00:21:27.790 --> 00:21:29.492
- And just because someone might see them.
- 00:21:29.492 --> 00:21:31.794
- Again, this wasn't with students,
- 00:21:31.794 --> 00:21:33.496
- This wasn't trying to be with students,
- 00:21:33.496 --> 00:21:35.865
- But basically there's nowhere safe on campus for you
- 00:21:35.865 --> 00:21:38.567
- To pray if possibly a student could see you doing
- 00:21:38.567 --> 00:21:42.037
- That prayer is not welcome at this school.
- 00:21:42.037 --> 00:21:45.174
- And you would think after getting hit by, you know,
- 00:21:45.174 --> 00:21:47.543
- Loss after loss, that they would say, you know what,
- 00:21:47.543 --> 00:21:50.112
- We're gonna stop using the taxpayers' money,
- 00:21:50.112 --> 00:21:52.448
- Hundreds of thousands of dollars,
- 00:21:52.448 --> 00:21:53.849
- If not more, to fight a teacher
- 00:21:53.849 --> 00:21:56.018
- Who wants to pray privately because
- 00:21:56.018 --> 00:21:57.720
- Someone might drive by
- 00:21:57.720 --> 00:21:59.355
- And see her pray.
- 00:21:59.355 --> 00:22:00.890
- Can't you, i mean, how do they not know she's meditating
- 00:22:00.890 --> 00:22:02.992
- Or taking a moment of silence for herself,
- 00:22:02.992 --> 00:22:05.294
- That, the culture's totally acceptable of that.
- 00:22:05.294 --> 00:22:07.830
- Once they find out those, christie,
- 00:22:07.830 --> 00:22:09.765
- It's a christian prayer, they're willing
- 00:22:09.765 --> 00:22:12.034
- To use those taxpayer dollars to fight prayer
- 00:22:12.034 --> 00:22:15.638
- Even in private situations,
- 00:22:15.638 --> 00:22:18.274
- Not trying to engage with students,
- 00:22:18.274 --> 00:22:20.209
- But her own private prayer,
- 00:22:20.209 --> 00:22:22.912
- Because it happens to be possible that someone sees
- 00:22:22.912 --> 00:22:26.882
- That she has got her eyes closed, i guess.
- 00:22:26.882 --> 00:22:29.351
- Because again, you could be doing that for a lot
- 00:22:29.351 --> 00:22:31.554
- Of different reasons, and it doesn't have to be faith-based.
- 00:22:31.554 --> 00:22:36.392
- - you're exactly right.
- 00:22:36.892 --> 00:22:38.294
- I mean, our client even went as far as to say, "well,
- 00:22:38.294 --> 00:22:40.896
- Do you want me to move to the parking lot?"
- 00:22:40.896 --> 00:22:43.232
- And the principal said, "oh no,
- 00:22:43.232 --> 00:22:44.867
- There's gonna be more students walking back
- 00:22:44.867 --> 00:22:46.502
- And forth than from the cars.
- 00:22:46.502 --> 00:22:47.770
- You can't even move to the parking lot."
- 00:22:47.770 --> 00:22:49.338
- - yeah, i mean this is, that's the absurdity i want people
- 00:22:49.338 --> 00:22:51.340
- To understand here, that this school district is worth,
- 00:22:51.340 --> 00:22:54.510
- Is still continuing to fight, that there is nowhere to go.
- 00:22:54.510 --> 00:22:58.647
- You can't go to your car where people do to, you know,
- 00:22:58.647 --> 00:23:01.750
- If they wanna take a personal phone call,
- 00:23:01.750 --> 00:23:03.686
- Something like that,
- 00:23:03.686 --> 00:23:04.954
- That they need privacy, can't pray in your car.
- 00:23:04.954 --> 00:23:07.256
- I guess you can't then take a moment to meditate either,
- 00:23:07.256 --> 00:23:10.225
- Christie, because teachers, wouldn't they assume,
- 00:23:10.225 --> 00:23:13.162
- That they could assume, the other students could assume
- 00:23:14.296 --> 00:23:16.632
- That they are somehow engaged in a religious act,
- 00:23:16.632 --> 00:23:19.101
- And the school doesn't want them to see that
- 00:23:19.101 --> 00:23:20.536
- Because they have this misunderstanding of the law.
- 00:23:20.536 --> 00:23:22.805
- I mean, going and taking a break in your car,
- 00:23:22.805 --> 00:23:24.873
- Kind of deep breaths, closing your eyes, breathing.
- 00:23:24.873 --> 00:23:27.910
- I mean, that's something that's encouraged
- 00:23:27.910 --> 00:23:29.612
- In our whole wellness industries
- 00:23:29.612 --> 00:23:31.647
- That are popping up everywhere, in the self-care industries.
- 00:23:31.647 --> 00:23:34.650
- And yet this teacher has nowhere to go to eat,
- 00:23:34.650 --> 00:23:37.019
- And all the other teachers have nowhere to go
- 00:23:37.019 --> 00:23:39.054
- To take a moment for themselves and breathe,
- 00:23:39.054 --> 00:23:40.823
- And maybe close their eyes in a private setting
- 00:23:40.823 --> 00:23:43.525
- In their own car, behind closed doors,
- 00:23:43.525 --> 00:23:45.828
- Because a student might see it as religious.
- 00:23:45.828 --> 00:23:51.300
- - it is absolutely absurd.
- 00:23:51.867 --> 00:23:53.035
- But this is why it's so important
- 00:23:53.035 --> 00:23:54.570
- That we are fighting on the ground here,
- 00:23:54.570 --> 00:23:56.505
- Because this is gonna reach out further than just texas.
- 00:23:56.505 --> 00:23:59.808
- This is hitting all of the sixth circuit.
- 00:23:59.808 --> 00:24:01.810
- And any teacher who wants to be able
- 00:24:01.810 --> 00:24:03.712
- To pray in the lunchroom, in their own classroom.
- 00:24:03.712 --> 00:24:06.415
- If a teacher, another teacher could walk in
- 00:24:06.415 --> 00:24:08.651
- Or a student could walk in
- 00:24:08.651 --> 00:24:09.752
- And there could be an issue there,
- 00:24:09.752 --> 00:24:11.286
- This is gonna protect you.
- 00:24:11.286 --> 00:24:12.788
- So this goes far more reaching
- 00:24:12.788 --> 00:24:14.590
- Than just this one client that we have.
- 00:24:14.590 --> 00:24:17.026
- And it's really important we finish this fight strong.
- 00:24:17.026 --> 00:24:19.561
- - and once again, the fight isn't over.
- 00:24:19.561 --> 00:24:21.730
- This win at the court of appeals
- 00:24:21.730 --> 00:24:24.133
- Saying that the lawsuit can go forward.
- 00:24:24.133 --> 00:24:26.201
- So that means we go back to the district court
- 00:24:26.201 --> 00:24:28.737
- And we fight this lawsuit,
- 00:24:28.737 --> 00:24:30.272
- And continue to fight, not just for justice
- 00:24:30.272 --> 00:24:33.809
- For this teacher, for her constitutional rights,
- 00:24:33.809 --> 00:24:38.047
- But as christie mentioned,
- 00:24:38.047 --> 00:24:40.282
- For every teacher's constitutional rights.
- 00:24:40.282 --> 00:24:42.818
- And that is why when you support the aclj,
- 00:24:42.818 --> 00:24:45.788
- It has a lasting impact on the constitutional rights
- 00:24:45.788 --> 00:24:50.025
- Of everyone in this country.
- 00:24:50.025 --> 00:24:52.628
- And as jordan said, they may try to fight this all the way
- 00:24:52.628 --> 00:24:54.830
- To the supreme court.
- 00:24:54.830 --> 00:24:55.664
- Good.
- 00:24:55.664 --> 00:24:56.498
- We'll be there.
- 00:24:56.498 --> 00:24:56.498