Sekulow - CNN Post Backfires Again, As SCOTUS Weighs Defamation Case

March 25, 2026 | 25:16

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)
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  • - welcome to "sekulow."
  • 00:00:22.897 --> 00:00:24.299
  • I'm will haynes.
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  • I'm joined in studio by jordan sekulow.
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  • We'll be joined by senior managing counsel for the aclj,
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  • Christina compagnone, to tell us about a major victory
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  • 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.
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  • But yet, if you follow cnn on x,
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  • You may have seen this post:
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  • "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,
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  • During abnormally warm weather.
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  • But in less than an hour,
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  • Their lives would drastically change,
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  • As the pair would be arrested for throwing homemade bombs
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  • During an anti-muslim protest outside
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  • 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,
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  • 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.
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  • - that's right.
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  • Because even this, i mean,
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  • You start wondering who are they focusing on?
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  • The images they show around the event
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  • Will sometimes be the maga protestors.
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  • 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.
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  • 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.
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  • - that's right.
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  • And when we come back,
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  • We have an update actually on that cert petition
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  • 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.
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  • 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
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  • 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
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  • The city during abnormally warm weather.
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  • But in less than an hour their lives
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  • Would drastically change as the pair would be arrested
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  • For throwing homemade bombs during an anti-muslim protest
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  • Outside mayor zohran mamdani's home.
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  • Here's what we know so far."
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  • Now, that post has been taken down.
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  • They have said that a post regarding
  • 00:05:00.945 --> 00:05:03.314
  • The two individuals arrested
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  • For throwing homemade bombs outside new york city,
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  • Mayor zohran mamdani's home failed to reflect the gravity
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  • Of the incident and thereby breaching
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  • The editorial standards we require for all our reporting.
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  • 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
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  • The security is heightened,
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  • That we have to watch out for sleeper cells,
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  • 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.
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  • Yet, cnn tries
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  • 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.
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  • These aren't two normal guys.
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  • These are two dangerous terrorists.
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  • - and once again, that is one of the reasons,
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  • Not this story specifically,
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  • 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
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  • 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,
  • 00:08:35.826 --> 00:08:38.863
  • 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.
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  • 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,
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  • Professor dershowitz was defamed by cnn.
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  • 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.
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  • That precedent was something
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  • That professor dershowitz himself was a clerk in help
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  • Crafting the opinion that even he says is now no longer
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  • How things should be going
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  • 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
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  • 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
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  • 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