Latest / Conversations: Special Guests with Preston Scott / Mat Staver LC Escambia School Board Decision
Transcript
- 0:04Speaker 1: Good to have you back with us this morning on
- 0:05Speaker 1: the morning show. It's Monday, October thirteenth, and thrilled back
- 0:08Speaker 1: on the program. Friend of the show for many years now,
- 0:11Speaker 1: Senior pastor, founder and chairman of Liberty Counsel LC dot org.
- 0:16Speaker 1: He is Matt Staver. Matt, how are you, sir?
- 0:19Speaker 2: Very good, good to be with you today.
- 0:21Speaker 1: Yeah, some good news. I want to talk specifically for
- 0:25Speaker 1: just a few moments about the federal judge ruling in
- 0:29Speaker 1: Florida's Scambia County school Board that it can in fact
- 0:32Speaker 1: deal with questionable books in its libraries.
- 0:35Speaker 2: Explain the case, Dad, This is a good decision by
- 0:38Speaker 2: a federal judge regarding the a Scambia County school Board.
- 0:42Speaker 2: They removed a book called End Tango, Make Three, which
- 0:47Speaker 2: follows two male penguins who adopt Patch and then raised Tango,
- 0:51Speaker 2: which is a penguin chick at New York City Central
- 0:55Speaker 2: Park Zoo. And this was actually promoting same sex marriage.
- 1:00Speaker 2: School board decided that this was inappropriate for the young readers,
- 1:04Speaker 2: and they removed it. They were then sued in twenty
- 1:07Speaker 2: twenty three by the co authors and a female student
- 1:12Speaker 2: wanting to borrow the book from her school library. The
- 1:15Speaker 2: judge Alan Windsor rejected their First Amendment argument. Actually, he
- 1:20Speaker 2: cited our case that I argued in one nine to
- 1:23Speaker 2: zero at the US Supreme Court, the Shirtlift versus City
- 1:26Speaker 2: of Boston case, and he goes through the criteria for
- 1:31Speaker 2: what requires what requirements there would be to get a
- 1:35Speaker 2: public form. In other words, did the library open up
- 1:40Speaker 2: its facility as a public form for people to bring
- 1:44Speaker 2: library books and therefore excluding a book or removing a book?
- 1:48Speaker 2: Is that viewpoint discrimination in the First Amendment? And the
- 1:51Speaker 2: judge said, no, it doesn't meet that criteria. The libraries
- 1:55Speaker 2: must have discretion to be able to purchase books, and
- 1:57Speaker 2: they have discretion and control over what books they retain
- 2:00Speaker 2: and what books that they remove. This is not a
- 2:03Speaker 2: public form where any author or individual can force a
- 2:06Speaker 2: library to either accept a book or retain a book
- 2:10Speaker 2: that they don't want to have on the shelf. So
- 2:12Speaker 2: this is a good decision in one certainly that makes
- 2:14Speaker 2: common sense. It protects children.
- 2:16Speaker 1: However, we also recognize that we are we are fighting
- 2:21Speaker 1: an adversary in Satan that is just not going to
- 2:25Speaker 1: fold up and go away. This is an ongoing battle. Matt,
- 2:30Speaker 1: talk to me, about the challenge. Okay, we've got this
- 2:33Speaker 1: court ruling, it's a win, but we know that this
- 2:36Speaker 1: is going to be fought in other ways, in other
- 2:39Speaker 1: venues and with other judges ruling differently.
- 2:42Speaker 2: Well, and here's this thing. There are cases previous to
- 2:46Speaker 2: the shirt lifd case that I argued in twenty twenty
- 2:49Speaker 2: two and one nine to zero that go the opposite way.
- 2:52Speaker 2: So another word, when a library chooses to remove an
- 2:55Speaker 2: objectionable bulk book like this because it's inappropriate for young
- 2:58Speaker 2: people have been sued and the judges have gone the
- 3:02Speaker 2: other way. I think the tide will turn as a
- 3:05Speaker 2: result of the shirt Lived case. However, on the other hand,
- 3:08Speaker 2: what you have is the vast majority of libraries, particularly
- 3:12Speaker 2: public libraries, whether they're school K twelve or outside, are
- 3:17Speaker 2: different than a Scambia. Scambia is making good decisions to
- 3:21Speaker 2: remove books that should not be on the shelves. But
- 3:24Speaker 2: what we find in most libraries it's the opposite. So
- 3:28Speaker 2: they are excluding religious or Christian books or books from
- 3:32Speaker 2: a conservative standpoint, or they put them in places where
- 3:35Speaker 2: they're hard to find, and they're purchasing with tax dollars.
- 3:40Speaker 2: Pro LGBTQ books and abortion books, and they're prominently displaying
- 3:46Speaker 2: them so that they're very easy to find. That's primarily
- 3:50Speaker 2: what's happening in a lot of these school situations as
- 3:54Speaker 2: well as public library cases. So we really see the opposite.
- 4:00Speaker 2: What do you do with that? Well, if a court
- 4:02Speaker 2: can't force them to accept a particular book, then what
- 4:06Speaker 2: happens is you need to be involved in the political process.
- 4:08Speaker 2: So you need to go visit your libraries, whether they're
- 4:12Speaker 2: K through twelve or public libraries for the general public,
- 4:16Speaker 2: and find out what kind of books they have on
- 4:18Speaker 2: the shelves, and then bring this up for political pressure.
- 4:22Speaker 2: And what we're seeing is this is happening all over
- 4:23Speaker 2: the country where the political pressure is taking place. Parents,
- 4:28Speaker 2: people in the community are going to these different deliberative bodies, county, city,
- 4:35Speaker 2: deliberative elected officials, and they are protesting and bringing up
- 4:39Speaker 2: these issues in some way, even taking it, believe it
- 4:42Speaker 2: or not, to extreme levels. To illustrate the point, even
- 4:47Speaker 2: reading verbat in some of the trash that's in these
- 4:49Speaker 2: libraries that's quite offensive and is shocking to the people
- 4:53Speaker 2: that are sitting on the board making these decisions.
- 4:57Speaker 1: Forty two minutes past the hour, a few more minutes
- 4:59Speaker 1: here with under of Liberty Council Matt Staver. Matt, when
- 5:02Speaker 1: you look at some of the rulings coming out of
- 5:04Speaker 1: the High Court and you look at some of the
- 5:06Speaker 1: cases it's accepting or not accepting, kind of give me
- 5:10Speaker 1: your overview, your sense of where we are at the
- 5:12Speaker 1: High Court right now.
- 5:14Speaker 2: Well, at the High Court, I think we're in a
- 5:15Speaker 2: good trajectory. They're not making all the right decisions that
- 5:19Speaker 2: I would agree with, but by and large, the trajectory
- 5:22Speaker 2: is correct and they're correcting some of the problems that
- 5:27Speaker 2: we're seeing in the lower courts. What we're seeing in
- 5:29Speaker 2: the lower courts is absolute rebellion, ideological decisions that are
- 5:34Speaker 2: being put in place that are not following law, particularly
- 5:36Speaker 2: as it relates to President Donald Trump's actions, and we
- 5:39Speaker 2: see those overreaching time after time at the time. But
- 5:43Speaker 2: then you have more activity of the president at the
- 5:46Speaker 2: United States Supreme Court than any other president in American history,
- 5:50Speaker 2: and the success rate and when ratio at the Supreme
- 5:54Speaker 2: Court is phenomenal. So some of that is being corrected.
- 5:58Speaker 2: I think that'll have long term consequence. Is in a
- 6:00Speaker 2: good way. We do have a number of cases that
- 6:03Speaker 2: are at the Supreme Court that I think are very positive.
- 6:08Speaker 2: One was just arguing last week. That's the Change Council case.
- 6:12Speaker 2: We've been litigating that since twenty twelve, and I think
- 6:14Speaker 2: we're going to have a six to three or seven
- 6:16Speaker 2: to two victory on that particular case, striking down these
- 6:18Speaker 2: laws that ban counsel to people who want to overcome
- 6:22Speaker 2: unwanted same sex attractions, behaviors or gender confusion. So I
- 6:25Speaker 2: think that's a good decision. We've got a case that
- 6:29Speaker 2: i'll be we'll be hearing from at the end of
- 6:31Speaker 2: the month or early November, and that's the Kim Davis case.
- 6:34Speaker 2: In that case could be one that would that's challenging
- 6:38Speaker 2: the twenty fifteen of bergerfel same sex marriage opinion. Plus
- 6:41Speaker 2: it's also a big, huge religious free exercise case, So
- 6:46Speaker 2: keep an eye on that one. That'll be a huge
- 6:47Speaker 2: one if they accept the case. But I think generally
- 6:50Speaker 2: at the High Court it's going in the direction that
- 6:53Speaker 2: it should. It's correcting some of the errors of the
- 6:56Speaker 2: past decades of the activist judges. But on the other hand,
- 7:00Speaker 2: and you had a lot of judges that were put
- 7:01Speaker 2: in place by Biden and Obama and those by the way.
- 7:08Speaker 2: They're not rule of law type of generally people. They're
- 7:12Speaker 2: ideologically driven, the results oriented, and we see that a
- 7:16Speaker 2: lot in some of them recent litigation. It's frustrating to see,
- 7:19Speaker 2: but I think at the end of the day, it's
- 7:20Speaker 2: being corrected when it's.
- 7:22Speaker 1: All said and done. Though, if a district judge, you know,
- 7:24Speaker 1: for example, the Supreme Court says district judge cannot go
- 7:27Speaker 1: beyond their district, but they keep doing these nationwide injunctions
- 7:31Speaker 1: and they're not following the directives of the Supreme Court.
- 7:34Speaker 1: What's the remedy.
- 7:36Speaker 2: Well, the remedy is appeachment. But you know, we've never
- 7:39Speaker 2: had an impeachment that's been successful recently. You know, the
- 7:43Speaker 2: last one was alse Hastens down in Miami and he
- 7:46Speaker 2: was impeached for accepting it bride, but then he became
- 7:48Speaker 2: a US member of Congress and the Democratic Party. He's
- 7:51Speaker 2: deceased now, so it's not been a real effective means.
- 7:54Speaker 1: Yeah.
- 7:55Speaker 2: The other possibility is just continually, you know, the Supreme
- 7:59Speaker 2: Court recurrerecting the record and forcing them to obey. And
- 8:04Speaker 2: the other is other kinds of discipline that might be.
- 8:06Speaker 2: You know, judges are also should be abiding by their
- 8:10Speaker 2: judicial codes or canons of ethics, and if they don't,
- 8:13Speaker 2: they could be you know, challenged that way as well.
- 8:16Speaker 2: I know in the litigation regarding church lockdowns, we had
- 8:20Speaker 2: a case where it went to the Supreme Court. We
- 8:22Speaker 2: won five to four. In December of twenty twenty, we
- 8:24Speaker 2: went back down to the District Court and Obama appointee
- 8:26Speaker 2: ruled against us again. We had to go back to
- 8:28Speaker 2: the Supreme Court a second time, this time one six
- 8:31Speaker 2: to three. But that's the kind of thing that we're
- 8:34Speaker 2: dealing with. And the problem that we have is even
- 8:37Speaker 2: though the Supreme Court is correcting a lot of these
- 8:40Speaker 2: cases with regards to President Trump, most cases are not
- 8:44Speaker 2: taken up by the Supreme Court. So that means a
- 8:46Speaker 2: lot of damage can be done by these lower court
- 8:49Speaker 2: justices or judges. I should say that the justices will
- 8:53Speaker 2: never see and never be able to correct.
- 8:56Speaker 1: Matt. As always, we appreciate all the work you and
- 8:58Speaker 1: your team are doing. Thanks so very much.
- 9:00Speaker 2: Thank you, Preston. Always good to be with you.
- 9:02Speaker 1: Thank you, Sir, Matt Staver with us from Liberty Council. Boy,
- 9:05Speaker 1: if you want a place to direct a few dollars
- 9:07Speaker 1: for a good cause, they take on cases that go
- 9:10Speaker 1: before the United States Supreme Court. Matt will never brag
- 9:13Speaker 1: about it, but his record before the United States Supreme
- 9:16Speaker 1: Court is incredible, absolutely incredible, because he's got God on
- 9:21Speaker 1: his side and oh, by the way, he's smart and
- 9:23Speaker 1: he's right