Latest / The Oath and The Office / Trump’s White House Press Ban & Religious Coercion (with Mickey Dollens)
Transcript
- 0:00Speaker 1: This episode is brought to you by the Freedom From
- 0:03Speaker 1: Religion Foundation.
- 0:05Speaker 2: Quick civics question. When public officials.
- 0:07Speaker 1: Swear an oath to the Constitution, does that mean protecting
- 0:11Speaker 1: everybody's rights or promoting their own religion? Because as students
- 0:15Speaker 1: head back to school, that question matters. Public schools serve
- 0:19Speaker 1: families of every faith and no faith at all. They
- 0:23Speaker 1: should not be used to pressure students, promote religious messages,
- 0:28Speaker 1: or make any child feel like an outsider. FFRF says
- 0:33Speaker 1: the oath is to the Constitution, not a creed. The
- 0:37Speaker 1: Freedom From Religion Foundation works to keep state and church
- 0:41Speaker 1: separate and speaks up for free thinkers, atheists, agnostics, and
- 0:45Speaker 1: non-religious Americans.
- 0:48Speaker 2: Learn more at.
- 0:49Speaker 1: Ffrf.us slash office. That's ffrf.us slash o-f-f-i-c-e.
- 1:13Speaker 3: So what exactly does the Constitution allow a president to
- 1:16Speaker 3: do if he doesn't like the coverage he's receiving? Is
- 1:20Speaker 3: access to the White House a privilege a president can control?
- 1:23Speaker 3: Or can government access to the press become a constitutional
- 1:27Speaker 3: issue when it's conditioned on favorable coverage? I'm John Fugelsang.
- 1:32Speaker 3: Welcome to the Oath in the Office podcast. As you
- 1:35Speaker 3: know by now, Trump announced that CNN, MSNOW and Politico
- 1:38Speaker 3: are That left-wing socialist rag Politico were banned from the
- 1:41Speaker 3: White House, accusing them of publishing what he called fiction
- 1:44Speaker 3: and lies. Reporters were denied access to the White House.
- 1:47Speaker 3: They've now gone to federal court, arguing the administration violated
- 1:50Speaker 3: their First Amendment rights. And then it got weird because
- 1:54Speaker 3: suddenly all the other networks, including Fox News, along with CBS,
- 1:59Speaker 3: ABC and NBC, joined forces to support the suspended TV pool.
- 2:03Speaker 3: For more, let's go to the smartest player in the game,
- 2:05Speaker 3: the author of The Oath in the Office, Professor Corey Bretschneider,
- 2:09Speaker 3: the star of our podcast. Hello, Professor. Good to see you.
- 2:13Speaker 2: Thanks so much, John. What a great setup.
- 2:15Speaker 1: You know, this sounds like something that, you know, 10
- 2:19Speaker 1: years ago we would have thought of as a far-fetched
- 2:21Speaker 1: law school hypothetical, but of course it's real. And what's
- 2:24Speaker 1: going on is that the President of the United States
- 2:27Speaker 1: has essentially said that he only wants his allies in
- 2:31Speaker 1: the room in the press briefing, and he's tried to
- 2:34Speaker 1: ban them. those that he considers fake news. But really,
- 2:38Speaker 1: in saying that phrase, fake news, what he's really doing
- 2:41Speaker 1: is saying, I want to ban my enemies. And of course,
- 2:44Speaker 1: this fits a theme that we're going to look at,
- 2:46Speaker 1: his total disregard for the law. I'll talk about why
- 2:50Speaker 1: this is an unconstitutional barring of the press, violating the
- 2:54Speaker 1: freedom of speech in the First Amendment, the freedom of press.
- 2:57Speaker 1: But also, we'll look too at the Kennedy Center controversy,
- 3:01Speaker 1: the controversy over this planned warped arch that he.
- 3:05Speaker 2: Wants to build.
- 3:06Speaker 1: And of course, we'll be joined, too, by a courageous
- 3:11Speaker 1: representative from Oklahoma who's really fighting in the trenches to
- 3:15Speaker 1: preserve religious freedom.
- 3:18Speaker 3: Fantastic. Listen, Corey, I just want to ask, Do you
- 3:21Speaker 3: appreciate that we all lived long enough to see Fox
- 3:23Speaker 3: News tell Donald Trump, you leave CNN alone? Because I
- 3:28Speaker 3: wouldn't have predicted it. I mean, I want to ask
- 3:30Speaker 3: the most immediate question about this press pool saga. What
- 3:34Speaker 3: is the constitutional issue when a president says, essentially, I
- 3:37Speaker 3: don't like what these news organizations are reporting. Therefore, they
- 3:41Speaker 3: are banned from the White House. I should point out
- 3:44Speaker 3: the White House said they were being banned for fiction
- 3:47Speaker 3: and lies. Which specific lies? They never said. And apparently
- 3:51Speaker 3: they still haven't been asked.
- 3:53Speaker 1: Well, the issue has been really teed up by the president.
- 3:56Speaker 1: He's often his worst enemy when it comes to these
- 3:59Speaker 1: legal cases.
- 4:00Speaker 2: And he's giving us.
- 4:01Speaker 1: The argument straight up for why this is about freedom
- 4:04Speaker 1: of speech. If he was saying, oh, I don't trust
- 4:07Speaker 1: these reporters or there's a security issue or the pool,
- 4:11Speaker 1: you know, the number of people we can fit into
- 4:13Speaker 1: the White House is limited. We would have had a
- 4:16Speaker 1: real battle about whether or not this was even a
- 4:18Speaker 1: free speech issue. But when he says, I'm banning those
- 4:21Speaker 1: fake news organizations, what he's really telling us is that
- 4:24Speaker 1: he's discriminating based on the opinions, or to use the
- 4:28Speaker 1: language of the First Amendment, the viewpoint of the reporters
- 4:31Speaker 1: that are in the room. And let's not forget, too,
- 4:33Speaker 1: the audience of those reporters, all of us who are
- 4:36Speaker 1: listening to CNN and watching CNN, watching MSNOW, And that's
- 4:42Speaker 1: why I think in the end, just to sum up
- 4:44Speaker 1: the conclusion that we're going to get, this really runs
- 4:47Speaker 1: head on into not just the text of the First
- 4:50Speaker 1: Amendment that guarantees the freedom of speech, but a case
- 4:53Speaker 1: that's already been decided about this issue in the 1970s,
- 4:56Speaker 1: which essentially said that presidents and the White House can't
- 5:00Speaker 1: discriminate against reporters based on their opinions or viewpoints once
- 5:05Speaker 1: they've invited in a array of different kinds of perspectives
- 5:10Speaker 1: into the White House, into the briefing room.
- 5:12Speaker 2: And that case really decided this issue.
- 5:15Speaker 1: And so I do think that the president of the
- 5:17Speaker 1: United States is going to be pushed back, certainly by
- 5:19Speaker 1: the lower courts immediately. And even if it goes to
- 5:22Speaker 1: the Supreme Court, I think it'll be more complicated. The
- 5:25Speaker 1: Supreme Court can overturn lower courts. But I think this
- 5:28Speaker 1: is a definite loss for the president of the.
- 5:30Speaker 2: United States and will already be a lesson and a
- 5:32Speaker 2: victory for the First Amendment.
- 5:34Speaker 3: I think you're In other words, is there a constitutional
- 5:57Speaker 3: difference between limiting access for a legitimate security reason and
- 6:02Speaker 3: excluding a news organization because the president just doesn't like
- 6:05Speaker 3: the facts they report?
- 6:07Speaker 1: Absolutely. You know, if this wasn't about speech at all,
- 6:11Speaker 1: if it was about, as I said, number of people, say,
- 6:14Speaker 1: in the briefing room, which is.
- 6:15Speaker 2: Not that large. then maybe there wouldn't be a free
- 6:19Speaker 2: speech issue.
- 6:19Speaker 1: And after all, not everybody in the United States has
- 6:22Speaker 1: a right to enter that room. You need credentials, and
- 6:24Speaker 1: there are non-speech-based restrictions that are necessary in order to
- 6:30Speaker 1: run who gets into the White House and who doesn't.
- 6:33Speaker 1: But the president of the United States, even though in
- 6:35Speaker 1: a normal, you know, a strategic president would rely on
- 6:40Speaker 1: something aside from speech, when he says, I'm banning fake news,
- 6:44Speaker 1: He's just telling us that he's banning those reporters that
- 6:47Speaker 1: he doesn't want in the room. And you can't distinguish
- 6:50Speaker 1: based on opinion. That's the whole idea of the First Amendment.
- 6:54Speaker 1: And again, just to set it up, what the court is,
- 6:57Speaker 1: the Court of Appeals, the Federal Court of Appeals has
- 6:59Speaker 1: already decided for the D.C. Circuit in this case involving
- 7:02Speaker 1: the Nation magazine, is that you cannot have a president say,
- 7:07Speaker 1: I don't like the opinion and that's why I'm banning
- 7:10Speaker 1: The reporter that case involving the nation was about whether.
- 7:12Speaker 2: Or not security, a security rationale could be used. And yes,
- 7:17Speaker 2: you know, if it.
- 7:17Speaker 1: Really was a security rationale that would override even any
- 7:20Speaker 1: kind of concern about the First Amendment. But when the
- 7:23Speaker 1: president says I'm banning fake opinions, he's robbed his team
- 7:27Speaker 1: of the ability to say this has anything to do
- 7:29Speaker 1: with security.
- 7:30Speaker 3: Yeah, exactly. But I mean, national security is his line
- 7:33Speaker 3: to get whatever he wants that the courts say no, right?
- 7:36Speaker 3: That's how he's getting his ballroom. That's how he's trying
- 7:38Speaker 3: to get his big Nazi arch, which we'll get to
- 7:40Speaker 3: later in the show. But, you know, Corey, when I'm
- 7:43Speaker 3: talking to callers on my SiriusXM program about this and
- 7:47Speaker 3: the ones who are pro-Trump, I ask them, what is
- 7:49Speaker 3: the specific fake news? What is the lie that CNN
- 7:53Speaker 3: told where they did not issue a retraction? And they'll say,
- 7:58Speaker 3: the Russia hoax.
- 7:58Speaker 1: No, no, no.
- 7:59Speaker 3: What's the specific lie that they're accused of? And I
- 8:02Speaker 3: think we're so used to this blanket fake news talk
- 8:04Speaker 3: that I don't hear anyone asking the president those specifics.
- 8:08Speaker 3: There's a really important distinction here between government censorship and
- 8:12Speaker 3: government access, right? Because some folks would just say, well,
- 8:16Speaker 3: he's not stopping CNN from airing things and publishing. He's
- 8:19Speaker 3: just saying CNN can't come into the White House. Can
- 8:21Speaker 3: you explain that distinction for listeners?
- 8:24Speaker 1: I think that would have been a plausible argument if
- 8:27Speaker 1: they were just saying, well, we've got to restrict the
- 8:29Speaker 1: number of news organizations to 20, and we've just, based
- 8:34Speaker 1: on criteria that have nothing to do with freedom of speech,
- 8:37Speaker 1: picked MSNOW and CNN out as those people who don't
- 8:41Speaker 1: fit our criteria that have nothing to do with speech.
- 8:45Speaker 2: If they would have tried something like that, okay, now
- 8:47Speaker 2: the burden.
- 8:47Speaker 1: Is on CNN and MSNOW to make an argument that
- 8:51Speaker 1: this is a lie and that what's really going on
- 8:53Speaker 1: is a limitation on speech. But when he uses his
- 8:56Speaker 1: insults to essentially say, I don't want these people in
- 8:59Speaker 1: the room because I don't agree with them, and he
- 9:01Speaker 1: uses his phrase that we all know is a way
- 9:05Speaker 1: of disparaging his opponents, fake news, that just lets you
- 9:09Speaker 1: know that, no, that's not going to work. He's undermined
- 9:11Speaker 1: his defense. And so the motivation matters. And the statements
- 9:15Speaker 1: of the president tell us that the motivation is to
- 9:17Speaker 1: suppress speech. And, you know, you don't have a right
- 9:20Speaker 1: to free speech everywhere. You can't come into my house
- 9:24Speaker 1: and say whatever you want. If I want you to leave,
- 9:26Speaker 1: you know, I can. People can throw somebody out of
- 9:29Speaker 1: a guest out of a party who's being offensive or,
- 9:31Speaker 1: you know, even partisan the way that they don't like.
- 9:34Speaker 2: But the difference.
- 9:35Speaker 1: Is when there's a government entity that invites in a
- 9:39Speaker 1: range of viewpoints, creates a forum of free speech, which
- 9:43Speaker 1: is essentially what's happening in the briefing room. The courts
- 9:47Speaker 1: have been so clear. It's almost a bedrock idea of
- 9:50Speaker 1: the First Amendment that government can't pick and choose. I
- 9:53Speaker 1: like this view. I don't like that view. They can't
- 9:55Speaker 1: say it's a discretionary privilege?
- 9:56Speaker 3: In other words, invite everybody in and.
- 9:58Speaker 1: Then pick and choose which views you want to allow
- 10:00Speaker 1: or disallow.
- 10:01Speaker 3: But that's the argument, right? They're saying there's no constitutional entitlement.
- 10:04Speaker 3: You know, we don't let Hustler Magazine in here. It's
- 10:06Speaker 3: a discretionary privilege to be in the same room as
- 10:08Speaker 3: the president.
- 10:10Speaker 1: Well, if you were saying, for instance, you know, we're
- 10:12Speaker 1: not going to invite Home and Garden or we're not
- 10:14Speaker 1: going to invite pornographic magazines or and we're going to
- 10:18Speaker 1: have a.
- 10:18Speaker 2: Standard of journalism and people who are really going.
- 10:20Speaker 1: To cover the issues, that actually would be a plausible argument.
- 10:24Speaker 1: But when the president says fake news, he's essentially admitting, yeah,
- 10:28Speaker 1: these are news organizations.
- 10:30Speaker 2: I don't agree with them.
- 10:31Speaker 1: So yeah, those could have been arguments that were made
- 10:34Speaker 1: by the president's legal team, and he's essentially undermined them. Now,
- 10:39Speaker 1: I don't want to say this is a done deal.
- 10:41Speaker 2: There are ways that.
- 10:43Speaker 1: Two of the justices are, you know, Alito and Thomas
- 10:46Speaker 1: might find for the president.
- 10:47Speaker 2: I'll explain.
- 10:47Speaker 3: Oh, you don't say, Professor.
- 10:49Speaker 4: Really?
- 10:49Speaker 3: Maybe Alito and Thomas would automatically go?
- 10:53Speaker 1: But, you know, I'm just giving you the straight legal argument,
- 10:56Speaker 1: which is this is an obvious violation of free speech.
- 10:58Speaker 1: And I think that, you know, he did it in
- 11:01Speaker 1: a moment where he wasn't being supervised by the adults
- 11:05Speaker 1: left in the room. And, you know, he's going to
- 11:08Speaker 1: learn a constitutional lesson as a result. This has happened before.
- 11:11Speaker 1: You know, I don't want to pretend this is unprecedented.
- 11:13Speaker 1: I'm hearing that phrase a lot. And as listeners to
- 11:16Speaker 1: this podcast know, and John, as we've talked many times,
- 11:19Speaker 1: John Adams signed the Sedition Act and used it to
- 11:23Speaker 1: shut down reporters that he didn't agree with to, in
- 11:26Speaker 1: that case, not just deny them access to the president's
- 11:29Speaker 1: mansion at the time, which was in Philadelphia.
- 11:31Speaker 2: Not in Washington, D.C., but to.
- 11:33Speaker 1: Actually imprison them and try them for writing what he
- 11:37Speaker 1: regarded as fake news. But the reaction to John Adams'
- 11:40Speaker 1: Sedition Act, to those prosecutions, really created the ideas of
- 11:45Speaker 1: the First Amendment, of the way we understand free speech,
- 11:48Speaker 1: as a right of all to have opinions free from prosecution.
- 11:53Speaker 1: This isn't as bad as the Sedition Act. It's not
- 11:55Speaker 1: about prosecution. It's about, you know, a more general idea
- 11:59Speaker 1: of who gets into the White House briefing. But the principles,
- 12:03Speaker 1: the rebuke of John Adams remain on the table.
- 12:07Speaker 3: Well, hey, thanks, Fox News, for defending norms. Welcome to
- 12:10Speaker 3: the resistance. Corey, I want to ask you about the
- 12:13Speaker 3: separation of powers. House Speaker Mike Johnson, America's creepiest youth pastor,
- 12:17Speaker 3: he just sent all the lawmakers home early, delaying any
- 12:21Speaker 3: consideration of Thomas Massey's privileged resolution yesterday. seeking to impeach
- 12:26Speaker 3: Defense Secretary Pete Hegseth. This is crazy. Massey's resolution has
- 12:30Speaker 3: eight articles that are about various specific constitutional abuses, including
- 12:34Speaker 3: claims involving military operations, War Powers Resolution. Johnson has said
- 12:39Speaker 3: that's a publicity stunt, and he says the early adjournment
- 12:41Speaker 3: was unrelated. But wow, it's like Mitch McConnell disease. They're
- 12:45Speaker 3: going to go off and get paid for not showing
- 12:47Speaker 3: up to work for the next 43 days. Corey, does
- 12:49Speaker 3: Congress have a responsibility to to consider an impeachment resolution
- 12:53Speaker 3: once all the procedural requirements for bringing it to the
- 12:56Speaker 3: floor have been met?
- 12:58Speaker 1: I mean, this is such a sad state of affairs
- 13:00Speaker 1: because the one place where the framers, I think, were, well,
- 13:04Speaker 1: naive and overly optimistic was when it came to what
- 13:06Speaker 1: they thought was the main check, not just on a president,
- 13:09Speaker 1: but also on the most senior officers in the executive branch,
- 13:14Speaker 1: including certainly cabinet officials. And what the framers did is
- 13:18Speaker 1: they created a system in which through examination of abuses
- 13:23Speaker 1: of power, that these people could be removed, not just
- 13:26Speaker 1: the president, we've often talked about impeachment and a president,
- 13:29Speaker 1: but also high-level executive officers, including the Secretary of Defense,
- 13:35Speaker 1: Pete Hegseth. So their idea, here's where they really, I think,
- 13:39Speaker 1: were naive. Even from the beginning, they thought, look, this
- 13:42Speaker 1: was a nonpartisan, not a political issue. And in fact,
- 13:46Speaker 1: the way they set it up, is that the process
- 13:48Speaker 1: of impeachment, where 50% of the House is required for
- 13:52Speaker 1: the first step, impeachment, and then a trial, what they
- 13:55Speaker 1: call the trial, it's not a trial in the sense
- 13:57Speaker 1: of the judiciary. The Senate is supposed to transform itself
- 14:01Speaker 1: into a new kind of nonpartisan, bipartisan body, which is
- 14:06Speaker 1: the Senate acting as a court, in a court of impeachment.
- 14:11Speaker 1: And then to decide, has there been such an abuse
- 14:14Speaker 1: of power? And the framers use the phrase, high crimes
- 14:17Speaker 1: and misdemeanors, that we've got to protect ourselves from this
- 14:20Speaker 1: administrative official.
- 14:23Speaker 2: And what they got wrong was that.
- 14:25Speaker 1: The whole process is never going to get started if
- 14:29Speaker 1: you have a Speaker of the House who is a
- 14:31Speaker 1: partisan defender of the administration and its top officials.
- 14:35Speaker 2: And that's what you have here.
- 14:36Speaker 1: You have from the beginning, you know, a member, Thomas Massey,
- 14:39Speaker 1: trying to say, member of the president's own party, you know,
- 14:42Speaker 1: this has been an abuse of power by not just
- 14:45Speaker 1: the president, but the secretary of defense when it comes
- 14:48Speaker 1: to the war, when it comes to the killing, I
- 14:50Speaker 1: should say too, just to get the issues on the table. Please.
- 14:55Speaker 1: Oh yeah.
- 14:55Speaker 3: I mean, but you know, the Republicans right now are
- 14:57Speaker 3: all about oversight when it comes to their own party. Professor,
- 15:00Speaker 3: we're going to take a break, but before we go,
- 15:02Speaker 3: I got to ask, what does it mean constitutionally when
- 15:06Speaker 3: like the leader of the house changes the whole legislative
- 15:09Speaker 3: calendar and In a way that prevents a privileged resolution
- 15:13Speaker 3: from receiving a vote. I mean, this sounds like Mitch
- 15:16Speaker 3: McConnell cutting the Supreme Court down to eight members for
- 15:20Speaker 3: a full year.
- 15:22Speaker 1: You know, I just have to say, you know, to
- 15:24Speaker 1: emphasize the point that the framers really made a mistake
- 15:27Speaker 1: here because the Speaker of the House has enormous power
- 15:30Speaker 1: that they didn't anticipate. And what's really going on is
- 15:34Speaker 1: an ability to just bypass the entire process of what's
- 15:37Speaker 1: supposed to be a nonpartisan process of impeachment by the
- 15:40Speaker 1: House of Representatives and then removal by the Senate and
- 15:45Speaker 1: coming together in order to save the country when we
- 15:48Speaker 1: have a Secretary of Defense who's not only engaged in
- 15:51Speaker 1: an illegal war, but really, you know, in killing what
- 15:55Speaker 1: are supposedly drug traffickers, but very likely are migrants in
- 15:59Speaker 1: these boats that are just... No, fishermen. Fishermen.
- 16:02Speaker 3: We know they did. October 16th of last year, they
- 16:05Speaker 3: had two survivors, and so they put them on a
- 16:07Speaker 3: Navy ship and eventually returned them to their home country,
- 16:10Speaker 3: which means either we are killing people or we're letting
- 16:13Speaker 3: narco-terrorists go. And after that, as you know, Professor, they
- 16:16Speaker 3: did double taps. They did not allow any more survivors.
- 16:19Speaker 3: This is murder.
- 16:21Speaker 1: That's right. And, you know, that's exactly the purpose of
- 16:24Speaker 1: impeachment and the trial is to partly to get the
- 16:28Speaker 1: facts on the table, to remove a cabinet officer like
- 16:31Speaker 1: Pete Hegseth, who's engaged in not just illegal activity. This
- 16:35Speaker 1: is really undermining the principles of democracy when you're engaged
- 16:38Speaker 1: in essentially killing people without any due process or without
- 16:43Speaker 1: any reasons. And the information that's supposed to come out,
- 16:47Speaker 1: the idea is that now the American people know what's happening,
- 16:50Speaker 1: the Congress knows what's happening, and that could in turn
- 16:53Speaker 1: lead to an impeachment removal of the president if he's
- 16:57Speaker 1: ordering it, which of course in this case he is.
- 17:00Speaker 1: And so what the Speaker of the House has done
- 17:02Speaker 1: is really undermine this whole process for solely partisan reasons.
- 17:07Speaker 1: You know, we heard Representative Jared Huffman talking about how
- 17:11Speaker 1: Speaker Johnson is, you know, a Christian nationalist and affiliated
- 17:15Speaker 1: with so many of these organizations that on January 6th
- 17:18Speaker 1: threatened our democracy. And yet he's able to now again
- 17:22Speaker 1: threaten our democracy by depriving us of basic information. So,
- 17:26Speaker 1: you know, this was a hopeful idea that the people
- 17:30Speaker 1: through the Congress, through the House of Representatives, and through
- 17:33Speaker 1: the Senate could check high crimes and misdemeanors, abuses of power.
- 17:36Speaker 2: This is a paradigm of it.
- 17:38Speaker 1: And yet here you have one person, the Speaker of
- 17:40Speaker 1: the House, able to undermine it all.
- 17:43Speaker 3: When we come back, Donald Trump loves putting his name
- 17:47Speaker 3: on things he had nothing to do with at their creation,
- 17:50Speaker 3: like the Institute of Peace, the Kennedy Center, Tiffany. We'll
- 17:54Speaker 3: talk all about the Kennedy Center and the legal ramifications
- 17:57Speaker 3: around what he's trying to do. We'll be right back
- 17:59Speaker 3: on The Oath in the Office.
- 18:03Speaker 1: This episode is brought to you by the Freedom From
- 18:05Speaker 1: Religion Foundation. We talk every week about the oath, the
- 18:09Speaker 1: promise to preserve, protect, and defend the Constitution. So here's
- 18:13Speaker 1: the church state version of that question. When public officials
- 18:16Speaker 1: take that oath, are they promising to protect everyone's freedom
- 18:20Speaker 1: of conscience or to use government power to promote their
- 18:23Speaker 1: own religion? Because as students head back to school, that
- 18:26Speaker 1: question is not abstract. Public schools serve children from Christian, Jewish, Muslim, Hindu.
- 18:32Speaker 2: Buddhist, atheist, agnostic, and many other families.
- 18:37Speaker 1: No student should be made to feel like they belong
- 18:39Speaker 1: less because they don't share the government's preferred religious message.
- 18:43Speaker 1: The First Amendment is not a bridge to government-backed religion.
- 18:46Speaker 1: It is a limit on government power. The Freedom from
- 18:50Speaker 1: Religion Foundation works to keep church and state separate because
- 18:54Speaker 1: freedom of conscience means the right.
- 18:56Speaker 2: To believe, question, doubt, or not believe at all.
- 19:00Speaker 1: FFRF also speaks directly for freethinkers, atheists, agnostics, humanists, and
- 19:06Speaker 1: non-religious Americans who are too often erased from the story.
- 19:11Speaker 2: Learn more at ffrf.us office. That's ffrf.us slash o-f-f-i-c-e.
- 19:28Speaker 3: Welcome back to The Oath in the Office. I'm John Fuglesang. Professor,
- 19:31Speaker 3: the Kennedy Center is a different kind of constitutional question,
- 19:34Speaker 3: isn't it? Presidential power over a federally chartered cultural institution. Again,
- 19:40Speaker 3: we have to remind folks the Kennedy Center was dedicated
- 19:43Speaker 3: and named in an act of Congress by a grieving
- 19:46Speaker 3: nation for a slain president.
- 19:48Speaker 5: Donald Trump looked at that. and said, oh, my name
- 19:50Speaker 5: should go on that, but my name should be first.
- 19:53Speaker 5: Before Kennedy, put my name up. I hope he tries
- 19:56Speaker 5: to do this with the Vietnam Veterans Memorial. I hope
- 19:58Speaker 5: he tries to do it with the Lincoln Memorial.
- 20:01Speaker 3: But the board, the Trump-aligned board appointed by Trump, or
- 20:05Speaker 3: as I call them, all the little Lee Harvey Oswalds,
- 20:08Speaker 3: They voted to close the center for renovations after a
- 20:11Speaker 3: federal judge blocked efforts to put Trump's name on the
- 20:13Speaker 3: building without congressional approval. There's millions and millions that have
- 20:17Speaker 3: already been appropriated by Congress for renovations, but they have
- 20:20Speaker 3: not taken those. The fix is in. If Trump can't
- 20:23Speaker 3: name this building for John Kennedy after himself, his handpicked
- 20:28Speaker 3: board will shut down the building over renovations that they've
- 20:33Speaker 3: already got the money, but they don't care to fix.
- 20:36Speaker 3: I mean, if Congress established a memorial to President Kennedy,
- 20:40Speaker 3: can a president or presidentially aligned board simply just change
- 20:44Speaker 3: the name?
- 20:46Speaker 1: Absolutely not. And I'm going to go into those details.
- 20:48Speaker 1: But I also want to just start off by noting
- 20:51Speaker 1: the similarity between the main story that we started with,
- 20:54Speaker 1: his exclusion of the press from the White House and
- 20:58Speaker 1: this story, which is that this president thinks of government
- 21:02Speaker 1: property as his own.
- 21:04Speaker 3: Yeah.
- 21:04Speaker 1: And he thinks that, you know, everything is his mind, mind, mind,
- 21:07Speaker 1: the petulant child. He thinks the White House gives him
- 21:09Speaker 1: the right to exclude who he wants because he doesn't
- 21:12Speaker 1: like somebody's opinion as if it's his private home.
- 21:15Speaker 2: And just to reiterate, you do have the right to.
- 21:17Speaker 1: Exclude people from your private home based on their opinion
- 21:20Speaker 1: or viewpoint. But you don't have the right to do
- 21:22Speaker 1: that when it comes to the freedom of the press
- 21:24Speaker 1: and their right to be in the press room and
- 21:26Speaker 1: cover the president of the United States. And here, too,
- 21:30Speaker 1: he's taking what is an act of Congress that guarantees
- 21:36Speaker 1: a memorial to our slain president, to John F. Kennedy.
- 21:40Speaker 1: And what this president, Donald Trump, thinks is that he
- 21:43Speaker 1: can just erase all that. But the legislation is what
- 21:48Speaker 1: keeps not only him But the board from doing that
- 21:51Speaker 1: in the same way that, you know, a bequest, for instance,
- 21:54Speaker 1: would limit trustees from doing whatever they want with a trust.
- 21:58Speaker 2: The trust that's established basically and.
- 22:00Speaker 1: The building that's established by an act of Congress prohibits
- 22:04Speaker 1: the name from being removed.
- 22:06Speaker 2: And so what he's doing, he wants to just, you know,
- 22:08Speaker 2: take it all down.
- 22:09Speaker 1: He sees he's not going to win in court. And
- 22:11Speaker 1: my worry is, you know, it'll result in the destruction
- 22:14Speaker 1: of the building.
- 22:16Speaker 3: Yeah, that seems to be really what these incompetent supervillains
- 22:19Speaker 3: want to do. I mean, is this fundamentally a separation
- 22:23Speaker 3: of powers question? Is this a statutory question or is
- 22:28Speaker 3: it both at the same time?
- 22:29Speaker 1: It is.
- 22:30Speaker 2: That's a great way to put it, John.
- 22:31Speaker 1: It's both a separation of powers and a statutory question.
- 22:35Speaker 1: Statutes are just the word that we use today. for
- 22:37Speaker 1: laws passed by Congress. And what's going on here is
- 22:42Speaker 1: Congress used its power, which is the power to create
- 22:47Speaker 1: an entity and to protect it. And they protected the
- 22:50Speaker 1: name of John F. Kennedy on the Kennedy Center.
- 22:53Speaker 2: That's its purpose.
- 22:55Speaker 1: And a president can't just, the president is charged with
- 22:57Speaker 1: executing the laws, following them. A president can't just say, hey,
- 23:01Speaker 1: I don't care about those laws passed by Congress. I'm
- 23:04Speaker 1: going to put my own name on it. And that's
- 23:06Speaker 1: what Trump is learning. He thought he could bypass all
- 23:09Speaker 1: of this by getting control of the board. But the
- 23:12Speaker 1: board can, any more than the president can, override what
- 23:15Speaker 1: the law says. And the law says that name is
- 23:17Speaker 1: going to be on there. It's named for John F. Kennedy,
- 23:20Speaker 1: not for Donald Trump.
- 23:21Speaker 3: I mean, Corey, are presidents supposed to leave physical monuments
- 23:26Speaker 3: to themselves? We've never witnessed this before, where this neurotic
- 23:31Speaker 3: narcissist is trying to name things after himself now because
- 23:34Speaker 3: he knows no one will want to once he's gone.
- 23:37Speaker 1: You know, as listeners know, and John, you know, what
- 23:40Speaker 1: I think is the most important inaugural address ever given
- 23:43Speaker 1: is the second inaugural of George Washington, which is only
- 23:47Speaker 1: just a few words, a few sentences. He says, I
- 23:50Speaker 1: just took the oath of office and it requires that
- 23:53Speaker 1: I respect that the office is above me. And if
- 23:57Speaker 1: I violate the oath to preserve, protect and defend the Constitution,
- 24:01Speaker 1: I want you to subject me to criticism and upbraidings
- 24:04Speaker 1: and to go back to the other theme that we
- 24:06Speaker 1: were talking about. to impeachment, what he calls constitutional punishment.
- 24:11Speaker 1: The whole idea is that the person is not the office,
- 24:14Speaker 1: and the office stands above the person. That was an
- 24:17Speaker 1: idea reiterated by Democratic and Republican presidents.
- 24:21Speaker 2: Ronald Reagan gave an.
- 24:22Speaker 1: Entire speech about the idea that he's a temporary occupant
- 24:26Speaker 1: of the.
- 24:26Speaker 2: Office, there for the public good. This guy's got no clue.
- 24:30Speaker 1: You could tell him that. He won't listen.
- 24:33Speaker 2: But he has the opposite instinct.
- 24:35Speaker 1: He thinks that government property, the White House, the Kennedy Center,
- 24:38Speaker 1: we're going to talk about the Arch, that it's all his.
- 24:42Speaker 1: And that couldn't be a more fundamental misunderstanding. The name
- 24:46Speaker 1: of our podcast, the name of my book by the
- 24:48Speaker 1: same name, unfortunately, is so relevant. It's something that in
- 24:53Speaker 1: the past we would have thought, of course, that's the case.
- 24:55Speaker 1: But when you have a president trying to claim the
- 24:58Speaker 1: office as his own office, as his personal property, it
- 25:01Speaker 1: becomes so important to reiterate what our structure of government
- 25:04Speaker 1: is supposed to be.
- 25:06Speaker 3: Absolutely. I mean, I barely understand this stuff, Corey, but
- 25:10Speaker 3: I'll tell you, it seems like this is really about
- 25:12Speaker 3: the difference between political control of an institution and legal
- 25:18Speaker 3: authority over that institution. And they're not the same thing.
- 25:22Speaker 3: And I think if you explain this to most Fox
- 25:25Speaker 3: News viewers, they'd get it.
- 25:27Speaker 1: I think that's so well said, John. That really is
- 25:29Speaker 1: what it's about. Donald Trump only understands power. And that's
- 25:33Speaker 1: not how our system works. It works by law and
- 25:36Speaker 1: by legitimate authority. And powers are distributed among different branches.
- 25:41Speaker 1: And when you have somebody, the bull in a china shop,
- 25:44Speaker 1: John Mulaney talks about a horse being in a hospital.
- 25:46Speaker 3: Horse in a hospital is a great bit, yeah.
- 25:49Speaker 1: And that's what's going on, that we have this delicate,
- 25:51Speaker 1: careful structure. And a president whose every instinct, every decision
- 25:56Speaker 1: is to destroy that structure. And that's why we're in
- 25:59Speaker 1: a dramatic moment. Because what's going to win? The structure
- 26:02Speaker 1: defended by judges, especially the lower court judges, since the
- 26:05Speaker 1: Supreme Court is so often, as we'll talk about with
- 26:08Speaker 1: Mickey Dolenz, abandoned the Constitution, areas like religious freedom, free speech,
- 26:13Speaker 1: civil rights. We don't have that structure there as solid
- 26:18Speaker 1: as we'd want.
- 26:18Speaker 2: We have the lower courts.
- 26:20Speaker 1: We have the ideas that citizens are demanding. And that's
- 26:23Speaker 1: why it's really, you know, we're not sure how this
- 26:26Speaker 1: story is going to end.
- 26:27Speaker 3: Well, this then brings us to Donald Trump's gigantic marble arch,
- 26:32Speaker 3: which is not Third Reich-like at all, people. Please stop.
- 26:37Speaker 3: Stop accusing this man of being like a fascist just
- 26:39Speaker 3: because he repeats the same behavioral and architectural patterns of
- 26:43Speaker 3: fascist folks. Please lay off. Corey, when Donald Trump first
- 26:46Speaker 3: proposed this ridiculous idea monument to himself. It was a
- 26:51Speaker 3: triumphal monument connected to America's 250th anniversary. Turns out he
- 26:56Speaker 3: can't do major public works programs without the approval of Congress.
- 27:01Speaker 3: So now, again, like everything else, he's been shut down.
- 27:04Speaker 3: So he changes it to a national security issue. And
- 27:07Speaker 3: now he says, well, the triumphal arch It's also going to,
- 27:10Speaker 3: which is over a traffic circle, is going to have
- 27:13Speaker 3: a drone fleet on it and there'll be snipers and
- 27:17Speaker 3: we're going to store lots of live ammunition above all
- 27:19Speaker 3: the vehicles. Corey, I'm old enough to remember the phrase
- 27:22Speaker 3: DC snipers being a bad thing. But what, I don't
- 27:27Speaker 3: even know where to begin on this. What constitutional questions
- 27:30Speaker 3: come up for you when a president proposes a major
- 27:34Speaker 3: federal monument to something that without Congress clearly authorizing that
- 27:39Speaker 3: particular project in any way. I know Alito and Thomas
- 27:42Speaker 3: are going to love it.
- 27:44Speaker 1: You know, we talked about why the president, I think
- 27:47Speaker 1: if he was aware of what he's doing, he might
- 27:48Speaker 1: have watched his words more, but he cut off the
- 27:51Speaker 1: idea that somehow there was a security rationale for the
- 27:54Speaker 1: ban on journalists.
- 27:55Speaker 2: We talked about that at the very beginning of the episode.
- 27:58Speaker 1: Well, here, I guess he's counting on the fact that
- 28:00Speaker 1: it's not too late to try to save what would
- 28:03Speaker 1: otherwise be an illegally- constructed arch by claiming national security,
- 28:07Speaker 1: national security, national security. And unfortunately, courts do tend to
- 28:12Speaker 1: defer a lot to presidents on issues of national security.
- 28:16Speaker 1: And one place where he certainly used this before was
- 28:19Speaker 1: in the building of the wall, where he reallocated military
- 28:22Speaker 1: budget saying that this was a national emergency related idea.
- 28:26Speaker 2: So D.C.
- 28:28Speaker 3: Needs a giant sniper tower now to kill people in D.C.
- 28:32Speaker 1: Here's the thing.
- 28:33Speaker 2: You know, courts are smart.
- 28:35Speaker 1: And as they get into the facts, I think they're
- 28:37Speaker 1: going to see that this is obviously just a subterfuge,
- 28:40Speaker 1: that this is a fake rationale that's meant to cover
- 28:43Speaker 1: up the fact that he just wants to do what
- 28:45Speaker 1: he wants to do. And, you know, saying national security
- 28:49Speaker 1: doesn't always save you. I'm sure Richard Nixon, you know,
- 28:52Speaker 1: his preferred outcome of Watergate was never to turn over
- 28:56Speaker 1: any tapes on the grounds that this was national security.
- 28:59Speaker 2: But as Judge Sirica said, looked at the case, he
- 29:02Speaker 2: said essentially, okay, fine. And U.S. versus Nixon says this
- 29:06Speaker 2: as well.
- 29:07Speaker 1: In issues of national security, the president does get a
- 29:09Speaker 1: lot of deference, but the president doesn't determine alone what
- 29:13Speaker 1: is or is not a national security issue. And you
- 29:15Speaker 1: can't just cover up the violations of law by yelling
- 29:18Speaker 1: that phrase, national security. So I think that's ultimately what's
- 29:22Speaker 1: going to happen here.
- 29:24Speaker 2: Now, it's not that it never works.
- 29:26Speaker 1: In the travel ban litigation, which I come back to
- 29:28Speaker 1: a lot, the president was engaged in a complete, as
- 29:32Speaker 1: he put it, a complete and total shutdown of Muslim
- 29:35Speaker 1: immigration into the United States. I had a brief that
- 29:38Speaker 1: was filed and that gained traction in multiple instances in
- 29:43Speaker 1: the travel ban case, an amicus brief that I did
- 29:46Speaker 1: with colleagues. And what we were saying was you can't
- 29:48Speaker 1: cover up using national security religious bigotry. But unfortunately, in
- 29:53Speaker 1: the final instance of the travel ban, when North Korea,
- 29:57Speaker 1: for instance, was added and Venezuela to try to cover
- 30:00Speaker 1: up religious animus and claim this is just about national security,
- 30:04Speaker 1: the court essentially said, OK, we'll believe that this is
- 30:06Speaker 1: a security issue and we'll defer to the president on it.
- 30:10Speaker 1: That was a big part, I think, of what happened
- 30:12Speaker 1: in the travel ban case.
- 30:13Speaker 2: And my worry is that although.
- 30:15Speaker 1: Lower courts, I'm sure, are going to stop this thing,
- 30:18Speaker 1: that if it gets to the Supreme Court, you know,
- 30:21Speaker 1: I'm a little worried. I think there's a big difference,
- 30:23Speaker 1: I should say. The travel ban case concerned people outside
- 30:26Speaker 1: the country. This is Washington, D.C. And so I think ultimately,
- 30:30Speaker 1: you know, as is the case when it comes to
- 30:32Speaker 1: the free speech issues with the press and in entrance
- 30:36Speaker 1: into the White House, that the courts are going to
- 30:38Speaker 1: stop this.
- 30:38Speaker 3: But it's just it's so fake. I mean, it's a
- 30:41Speaker 3: fundamental change in the purpose of the project. This was
- 30:45Speaker 3: to celebrate America's 250th anniversary. He said it so many times.
- 30:49Speaker 3: When the president describes a monumental structure and then changes
- 30:53Speaker 3: it to explicitly military terms, does that just change the
- 30:59Speaker 3: whole legal analysis? I mean, or is it still about
- 31:01Speaker 3: statutory authority? It seems like national security is the Hogwarts spell, right,
- 31:07Speaker 3: that they just cast.
- 31:09Speaker 1: Yeah. I mean, you know, if it really was, this
- 31:12Speaker 1: is not the case, but imagine that he was building,
- 31:15Speaker 1: I'll give you a hypothetical. There's a military base and
- 31:18Speaker 1: the president wants to work with the military to shore
- 31:21Speaker 1: it up and ensure that there are no attacks on
- 31:23Speaker 1: the base by building structures outside the gates or something
- 31:28Speaker 1: like that. You can imagine there are all sorts of
- 31:30Speaker 1: instances where there really is a military rationale that I
- 31:33Speaker 1: think there are arguments that, you know, the president is
- 31:36Speaker 1: commander in chief and he controls the military budget in
- 31:39Speaker 1: the end.
- 31:39Speaker 2: And yeah, you could build stuff, but that's not what's
- 31:41Speaker 2: going on here.
- 31:42Speaker 1: And I think that the parts are going to recognize that.
- 31:45Speaker 3: Are we ready to are we able to start bringing
- 31:46Speaker 3: Hitler into the conversation over this particular architecture or should
- 31:49Speaker 3: we hold off on that just yet?
- 31:51Speaker 1: Well, you know, sometimes you want to avoid, of course,
- 31:54Speaker 1: going too quickly to the analogy with Weimar.
- 31:58Speaker 3: I've waited 11 years, but go on.
- 32:00Speaker 1: But sometimes the aesthetic resemblances, you know.
- 32:03Speaker 2: Are calling out to us.
- 32:05Speaker 3: I mean, I just want to wrap this one up
- 32:07Speaker 3: by just asking you, I mean, this is going to
- 32:10Speaker 3: be in between the Lincoln Memorial and Arlington National Cemetery.
- 32:14Speaker 3: I mean, this is not a normal use of national symbols,
- 32:17Speaker 3: is it? This is kind of weird. I mean, How
- 32:20Speaker 3: much independent authority does the executive branch have to just
- 32:24Speaker 3: repurpose federal land for a project of this magnitude and
- 32:29Speaker 3: cost to the taxpayers?
- 32:31Speaker 1: Well, you know, Congress controls federal property. And that's what
- 32:36Speaker 1: was issued in the ballroom case where there is significant pushback.
- 32:40Speaker 1: I think Trump will lose that case. And Arlington National
- 32:43Speaker 1: Cemetery matters here, too, as it did in the ballroom
- 32:45Speaker 1: case and that they're standing. for those who are trying
- 32:49Speaker 1: to defend the integrity of Arlington National Cemetery. So sometimes,
- 32:52Speaker 1: you know, it's not enough to say the government lacks
- 32:54Speaker 1: the power. The way that our system works is that
- 32:57Speaker 1: you need standing to sue. And so this really matters,
- 33:01Speaker 1: I think, in that that's where the standing comes from.
- 33:04Speaker 3: Well, we got to take a quick break. But when
- 33:05Speaker 3: we come back, I am so excited to talk to
- 33:08Speaker 3: the bride of Oklahoma, Democratic legislator Mickey Dolenz.
- 33:12Speaker 1: Wow.
- 33:12Speaker 3: This guy sees it from both sides really well.
- 33:15Speaker 2: Absolutely.
- 33:16Speaker 3: We'll be back in just a minute. This is The
- 33:17Speaker 3: Oath in the Office. Welcome back to The Oath in
- 33:29Speaker 3: the Office. I'm John Fugelsang. Professor Brettsider, I'm especially excited
- 33:33Speaker 3: about this next guest. You really, you got a good Rolodex, man.
- 33:36Speaker 3: You booked some good people, sir.
- 33:37Speaker 1: Well, it's really a pleasure to introduce Mickey Dollins, who
- 33:41Speaker 1: is has been a member of the House of Representatives
- 33:45Speaker 1: for Oklahoma since 2016. He was previously also the minority whip.
- 33:52Speaker 1: And I wanted to invite him because he really is
- 33:54Speaker 1: a leader, not just in Oklahoma, but also nationally in
- 33:58Speaker 1: speaking out about abuses of coercion when it comes to
- 34:03Speaker 1: religion and really a champion of the freedom of religion itself.
- 34:08Speaker 2: And so we're going to talk about the dynamic of.
- 34:11Speaker 1: Religious coercion in schools and especially in sports. I should say, too,
- 34:15Speaker 1: that Mickey was a NCAA Division I athlete. That's right.
- 34:20Speaker 1: And so, you know, has multiple perspectives as a lawmaker,
- 34:25Speaker 1: as an athlete. And, of course, he also works very
- 34:28Speaker 1: closely with our sponsor, the Freedom From Religion Foundation. And
- 34:32Speaker 1: so it's really a pleasure, Mickey, to have you with us.
- 34:35Speaker 1: Welcome to The Oath in the Office. Welcome, sir.
- 34:38Speaker 4: Well, Professor John, great to see both of you. I'm
- 34:40Speaker 4: happy to be on the show.
- 34:42Speaker 3: Thank you. I find your career so fascinating. It's crazy.
- 34:46Speaker 3: You've spent years serving as a Democrat in a state
- 34:49Speaker 3: where Republicans dominate every level of state government. What does
- 34:54Speaker 3: it mean to be a Democrat in Oklahoma?
- 34:58Speaker 4: Well, I'm going on my 11th year now. I was
- 34:59Speaker 4: first elected in 2016 when I flipped a red district
- 35:02Speaker 4: in South Oklahoma City. I came right out of teaching.
- 35:06Speaker 4: Before that, I was a roughneck in the oil fields.
- 35:09Speaker 4: And when oil went bust, we were all laid off.
- 35:11Speaker 4: I used my English degree. I became a teacher the
- 35:13Speaker 4: next day. I was like, this is what I want
- 35:15Speaker 4: to do. I was enjoying coaching football, wrestling and track
- 35:20Speaker 4: and teaching English. Bought a house right next to the school.
- 35:23Speaker 4: And then a year later, The oil or lack of
- 35:26Speaker 4: oil revenue caught up with public services. 800 teachers were
- 35:29Speaker 4: laid off. I was one of them. So I started
- 35:31Speaker 4: looking around saying, what's going on? And I ran on
- 35:34Speaker 4: mental health, education and jobs and flipped a red seat
- 35:38Speaker 4: and going into my 11th year now.
- 35:41Speaker 1: Amazing. Tell us how you got interested in the issue
- 35:44Speaker 1: of religious coercion in schools and in sports. Was it
- 35:48Speaker 1: a personal experience or just thinking about the issues themselves?
- 35:54Speaker 4: You know, with Christian nationalism taking over almost every sect
- 35:57Speaker 4: of society, from our sports to our entertainment and youth
- 36:03Speaker 4: and education, this is one of the big issues that
- 36:07Speaker 4: often gets overlooked. I grew up in small town Oklahoma,
- 36:11Speaker 4: played football, wrestling, and track. Christian culture was just infused
- 36:15Speaker 4: in our locker rooms. It was led by coaches. It
- 36:19Speaker 4: was taught by teachers. And it was something you never
- 36:21Speaker 4: thought twice about. And it wasn't until I was playing
- 36:24Speaker 4: college football, and that same infusion of religiosity was permanent
- 36:29Speaker 4: through the locker room culture. And I had a friend
- 36:32Speaker 4: who was trying to get a scholarship. He was a walk-on,
- 36:35Speaker 4: which is much harder. They do everything that the scholarship
- 36:38Speaker 4: players do, but they're not getting compensated or their school's
- 36:41Speaker 4: not being paid for. And he was Muslim. And our
- 36:45Speaker 4: coach had a tradition of picking a player at random
- 36:48Speaker 4: to give a team prayer the night before a game,
- 36:51Speaker 4: like team meal. and then also before a game at
- 36:54Speaker 4: pregame chapel. And my friend was asked to give the
- 36:57Speaker 4: prayer and he stood up and without hesitation gave a
- 37:00Speaker 4: Christian prayer to Jesus. And it startled me, but as
- 37:04Speaker 4: I asked him more about it, he said, I've put
- 37:06Speaker 4: too much into this to be an outsider, to not
- 37:09Speaker 4: be all in, to not be a team player. So
- 37:12Speaker 4: if that means I need to give an inspirational message
- 37:14Speaker 4: to Jesus, I'm gonna do it. And it worked out
- 37:17Speaker 4: for him, but it came at a great cost. And
- 37:20Speaker 4: that is when my eyes started being open to this
- 37:24Speaker 4: is wrong. And whether it's a coach or if it's
- 37:27Speaker 4: an elected official, anyone in a position of power who
- 37:31Speaker 4: uses that authority to coerce or pressure other people into
- 37:34Speaker 4: believing what they believe is wrong. Now, if it were
- 37:38Speaker 4: student-led or athlete-led, more power to them. That's fine. But
- 37:43Speaker 4: anytime someone uses that power in an abusive way is
- 37:46Speaker 4: when I start to care.
- 37:48Speaker 1: I want to ask you. I want to ask you, Mickey,
- 37:49Speaker 1: I mean, one of the reasons why I was very
- 37:52Speaker 1: eager to have you on the podcast is that the
- 37:54Speaker 1: Supreme Court has really eviscerated the Establishment Clause. Of course,
- 37:59Speaker 1: the First Amendment does exactly what you're talking about. It
- 38:02Speaker 1: says we don't have an official church in this country,
- 38:05Speaker 1: and we shouldn't have government action that relates to or
- 38:08Speaker 1: respects an official church, and certainly the kind of situation
- 38:12Speaker 1: that you're talking about, a government led prayer in a
- 38:16Speaker 1: football game or anywhere in his school where students are
- 38:19Speaker 1: essentially coerced into messages that they don't share. That's what
- 38:24Speaker 1: our First Amendment was meant to ban. But one reason
- 38:27Speaker 1: I was very eager to talk to you is, you know,
- 38:29Speaker 1: in the past we might have said.
- 38:30Speaker 2: Well, the Supreme Court will take care of this.
- 38:32Speaker 1: And of course, in the Kennedy versus Bremerton school district opinion,
- 38:37Speaker 1: the Supreme Court did exactly the opposite. It really abandoned
- 38:40Speaker 1: its obligation to stick up for kids in the situations
- 38:44Speaker 1: that you're describing. So talk to me about how that opinion,
- 38:47Speaker 1: which of course is about, and just for our listeners
- 38:49Speaker 1: to remind them, this is an instance in which there
- 38:54Speaker 1: was a, what to my mind is a school-led prayer,
- 38:57Speaker 1: but the Supreme Court said, no, this is individual. It's
- 39:00Speaker 1: just a coach that's leading this prayer. And so there
- 39:02Speaker 1: is no violation of the establishment clause. And The court is,
- 39:07Speaker 1: in this opinion and many others, really abandoned this principle
- 39:10Speaker 1: of not having an official religion or government action that
- 39:14Speaker 1: relates to it.
- 39:15Speaker 2: So tell me, Mickey, how do you.
- 39:18Speaker 1: Answer that sort of critique that says, well, the Supreme
- 39:20Speaker 1: Court said all this stuff is fine?
- 39:22Speaker 4: Yeah, you're exactly right, Professor. In my opinion, the Supreme
- 39:25Speaker 4: Court really missed the mark on the Kennedy decision. I
- 39:28Speaker 4: was actually talking to Coach Kennedy yesterday. and it's an
- 39:31Speaker 4: interesting dynamic. The Supreme Court just focused on the last
- 39:35Speaker 4: three prayers that he did on the field by himself.
- 39:38Speaker 4: But we cannot forget that prior to that, he was
- 39:41Speaker 4: proselytizing players. He was leading player prayers in the locker room.
- 39:46Speaker 4: And this really upset parents and players and coaches. And
- 39:51Speaker 4: he was creating a media spectacle around this. He was
- 39:56Speaker 4: using his time when he should have been supervising kids
- 39:58Speaker 4: to talk to the media. And it became a problem
- 40:02Speaker 4: to where the school suspended him. And then the media
- 40:05Speaker 4: really got on. And unfortunately, what these power players do
- 40:08Speaker 4: behind the curtains is they'll use people, naive people usually,
- 40:12Speaker 4: to advance a religious agenda, whether it's the OU student,
- 40:16Speaker 4: Samantha Fulnacki, at University of Oklahoma, or it's Coach Kennedy.
- 40:20Speaker 4: I think at the heart, most coaches truly care for
- 40:24Speaker 4: their players. All they really know is that this is
- 40:27Speaker 4: the way I was raised. It was infused in my
- 40:29Speaker 4: sports when I was a kid. And I want to
- 40:32Speaker 4: create young men and women of moral character. And they
- 40:36Speaker 4: don't even think half the time that what they're doing
- 40:39Speaker 4: is creating religious pressure. They're creating that someone could be
- 40:42Speaker 4: felt left out if they don't participate. And sports is
- 40:46Speaker 4: all about conformity. The coach says, get a water break,
- 40:49Speaker 4: that's when you get a water break. Coach says, take
- 40:51Speaker 4: a knee, that's when you take a knee. When coach says,
- 40:54Speaker 4: let's pray, what do you think the second string 16-year-old
- 40:57Speaker 4: non-religious linebacker's gonna do?
- 40:59Speaker 3: They're gonna pray, of course.
- 41:01Speaker 4: And then you take that to the college level, and
- 41:04Speaker 4: you start introducing name, image, and likeness, millions of dollars.
- 41:07Speaker 4: They have connections to the NFL. They dictate whether or
- 41:11Speaker 4: not you see playing time. You're going to do what
- 41:15Speaker 4: they say. And they don't even have to say it.
- 41:17Speaker 4: They could simply take a knee in the locker room,
- 41:20Speaker 4: and I promise you, everyone else is going to take
- 41:23Speaker 4: a knee. So by a coach in this Kennedy decision—
- 41:27Speaker 4: Even though he was taken, I believe in the dissenting opinion,
- 41:30Speaker 4: the last three games, there were no students out there
- 41:32Speaker 4: with him, but he was taking a knee and that
- 41:34Speaker 4: was sending a clear message to the rest of the team. Now,
- 41:37Speaker 4: Coach Kennedy wasn't the head coach. The head coach was
- 41:40Speaker 4: so disgruntled with him, he actually preferred, he actually recommended
- 41:44Speaker 4: they not rehire him. But if that were the head coach,
- 41:47Speaker 4: you can guarantee the other students would be out there
- 41:49Speaker 4: doing the same thing. And so what this said was,
- 41:52Speaker 4: is that, uh, coach Kennedy, uh, the Supreme court ruled
- 41:56Speaker 4: that he had the right to, uh, participate in self
- 42:00Speaker 4: religious expression to himself, not to proselytize anyone else, not
- 42:04Speaker 4: to give a verbal prayer, but to simply go to
- 42:07Speaker 4: the 50 yard line, take a knee and pray while
- 42:09Speaker 4: other coaches are talking to family or, um, you know,
- 42:13Speaker 4: maybe checking their text messages, that type of thing. But, and,
- 42:16Speaker 4: and what happened was, so they, the, um, The power
- 42:20Speaker 4: brokers behind all of this, they got the outcome they
- 42:23Speaker 4: wanted in the Supreme Court. And this goes far beyond
- 42:25Speaker 4: football because they did away with the lemon test. And
- 42:28Speaker 4: now you have a much more ambiguous establishment clause where
- 42:33Speaker 4: they have to prove that this is historical precedent. And
- 42:37Speaker 4: then there's one other thing. You're the constitutional law, you'll mention.
- 42:40Speaker 4: But they did a way of the lemon test, which
- 42:42Speaker 4: really muddied up the waters and put schools in this
- 42:45Speaker 4: almost impossible situation is, are we protecting religious expression? Are
- 42:50Speaker 4: we protecting kids from religious coercion? And what this really
- 42:53Speaker 4: did is open up the floodgates for Ten Commandments in
- 42:56Speaker 4: classrooms and for other Supreme Court precedents that protected religious
- 43:00Speaker 4: freedom going back to the 1940s.
- 43:02Speaker 1: I've got to say, it's exactly right that the Supreme
- 43:05Speaker 1: Court has largely abandoned the establishment clause, a bedrock of
- 43:09Speaker 1: our constitution. And unfortunately that fits with other areas where
- 43:13Speaker 1: they've abandoned the equal protection clause and they've abandoned our
- 43:17Speaker 1: free speech rights in many important instances or warp them
- 43:20Speaker 1: into meaning something that.
- 43:21Speaker 3: They haven't even been told about the emoluments clause.
- 43:24Speaker 1: Yeah, they have. Right.
- 43:24Speaker 2: That's exactly right. So, so I couldn't agree more.
- 43:28Speaker 1: I have to ask you a question because you said
- 43:30Speaker 1: something that, that I don't want to miss which is
- 43:32Speaker 1: that you've been in discussions with coach kennedy and i
- 43:35Speaker 1: just want to hear and i know john has a
- 43:37Speaker 1: bunch of questions and he wants to jump in but
- 43:39Speaker 1: i have to ask you what are those conversations like
- 43:42Speaker 1: what do you say to coach kennedy what does he
- 43:44Speaker 1: say back and let me just say you know i
- 43:47Speaker 1: i appreciate that rather than just trying to win in
- 43:50Speaker 1: court trying to use reasoning in order to make these
- 43:53Speaker 1: principled points because as much as the supreme court has
- 43:56Speaker 1: abandoned the first amendment guarantee against an official religion against
- 44:00Speaker 1: the establishment of religion One thing we've been talking about
- 44:03Speaker 1: is citizens still have to defend these principles. So tell
- 44:08Speaker 1: us about those conversations, if you wouldn't mind.
- 44:11Speaker 4: Yeah, well, anytime I'm going to talk about someone, I
- 44:14Speaker 4: want to be able to, I tend to give them
- 44:16Speaker 4: the benefit of the doubt. And I want to have
- 44:20Speaker 4: the validity of saying that I've actually spoken to someone.
- 44:23Speaker 4: And I've been messaging with Coach Kennedy, and I haven't
- 44:26Speaker 4: had the chance yet to talk on the phone with him.
- 44:29Speaker 4: He's working now in Wyoming and very odd hours. And,
- 44:34Speaker 4: you know, he wrote the book and he's got a
- 44:35Speaker 4: movie and stuff. So we've been talking. But I've asked him,
- 44:39Speaker 4: looking back, is there anything you would have done differently?
- 44:42Speaker 4: He said he wouldn't have got the lawyers involved. So
- 44:44Speaker 4: First Liberty, of course, they got the settlement, $ 1. 7 million
- 44:49Speaker 4: that SCOTUS awarded them. There were millions of dollars that
- 44:52Speaker 4: were donated to the legal funding. that to my understanding,
- 44:56Speaker 4: First Liberty has kept. So he was used as a
- 44:59Speaker 4: vehicle to advance an agenda. And I truly wanted to know,
- 45:03Speaker 4: was it your intention to coerce and pressure students? And
- 45:09Speaker 4: I don't think, I don't necessarily think it was. I
- 45:13Speaker 4: think originally it was to build up strong moral character,
- 45:17Speaker 4: which goes back to the late 1800s. It's why the
- 45:19Speaker 4: YMCA was established But once I think he started to
- 45:23Speaker 4: get a bit of recognition and some notoriety, I think
- 45:27Speaker 4: that was contagious. And I think he is still grasping
- 45:30Speaker 4: for that relevance. And so while our conversations have been
- 45:34Speaker 4: kind of at the superficial level right now, I've asked
- 45:37Speaker 4: him also about what he's up to these days. And
- 45:40Speaker 4: he's still fighting for, in his opinion, religious liberties. I
- 45:44Speaker 4: do think that the way we make progress is by
- 45:49Speaker 4: asking questions, by opening dialogue, and by maybe planting a
- 45:54Speaker 4: seed that could help the coach see that what he
- 45:57Speaker 4: was doing was uncomfortable. Now, it's really hard for me
- 46:00Speaker 4: to actually have much sympathy on him because all of
- 46:02Speaker 4: these arguments were brought up to him by the players,
- 46:05Speaker 4: by the player's parents, by his own head coach. But
- 46:09Speaker 4: I think at this point, the media and the people
- 46:11Speaker 4: like First Liberty have given him so much attention and
- 46:15Speaker 4: confidence that he felt maybe an obligation or a mandate
- 46:21Speaker 4: to continue it on. And I'd love to see where
- 46:25Speaker 4: the conversations go. If possible, I'd like to get them
- 46:28Speaker 4: on one of our shows to interview. Because from my experience,
- 46:31Speaker 4: the coaches that I've played under truly wanted the athlete's
- 46:34Speaker 4: best intentions in mind.
- 46:36Speaker 1: Fascinating.
- 46:37Speaker 3: I have so much to ask. Representative, you have a
- 46:39Speaker 3: terrific op-ed I want to recommend to everybody in the
- 46:42Speaker 3: progressive called School Coaches Shouldn't Be Pushing Religion. Really well written,
- 46:47Speaker 3: and I really appreciate how you share your own personal
- 46:50Speaker 3: experience as a Division I football player and what you experienced. Corey,
- 46:55Speaker 3: I know the Constitution matters a lot, but I just
- 46:57Speaker 3: want to point out the words of Jesus for a minute,
- 46:59Speaker 3: because Jesus of the Bible, if you believe in that guy,
- 47:03Speaker 3: was against religion. religious coercion. He's famously said, if anybody
- 47:07Speaker 3: wants to follow me, let them pick up their cross
- 47:10Speaker 3: and follow me. Christianity is about transformation, not a domination.
- 47:15Speaker 3: And this intimidation really strikes me as being something that
- 47:19Speaker 3: we talk about in terms of religion that has nothing
- 47:21Speaker 3: to do with the man the religion's named after. Jesus
- 47:24Speaker 3: tells us not to trust those who pray just to
- 47:27Speaker 3: be seen by others in Matthew 6, 5. So with
- 47:31Speaker 3: that said, I'm thinking about this young Muslim man. that
- 47:34Speaker 3: you described for an athlete who's like 18, 19, 20
- 47:37Speaker 3: years old and dependent on a coach for playing time
- 47:41Speaker 3: and scholarships and recommendations and maybe even a professional career.
- 47:46Speaker 3: I mean, can we really call religious participation voluntary if
- 47:51Speaker 3: the coach is, you know, reaching it?
- 47:53Speaker 4: Yeah, that's right. And, you know, my time on the
- 47:58Speaker 4: team when I was in high school, that was just
- 48:00Speaker 4: the culture. That was the norm in Bartlesville, Oklahoma. Going
- 48:04Speaker 4: from small town Oklahoma to play in Dallas was a
- 48:07Speaker 4: huge eye opener as a perspective. It was actually my
- 48:10Speaker 4: college professor who opened me up to like the history
- 48:13Speaker 4: of the Bible and how books were added and removed
- 48:15Speaker 4: in the Council of Constantine. And that's when it all
- 48:19Speaker 4: really started to shore up for me that this just
- 48:22Speaker 4: didn't make any sense for me. So, yeah, it was
- 48:25Speaker 4: infused at every level until I after college football, I
- 48:29Speaker 4: tried out for the United States bobsledding team. And I
- 48:32Speaker 4: went to Lake Placid, New York, and I did the
- 48:34Speaker 4: combine right after I did the NFL combine. And I
- 48:36Speaker 4: actually made that team. So I was a second pusher
- 48:39Speaker 4: and a four-man bobsled. And we got to compete all
- 48:42Speaker 4: around the world. So I thought it was a big
- 48:44Speaker 4: change going from Oklahoma to Dallas. Well, now I'm in
- 48:48Speaker 4: Austria and Switzerland and all over Canada. And I was
- 48:52Speaker 4: getting to meet and talk to people from all over
- 48:54Speaker 4: the world. But you know one big difference between Team
- 48:57Speaker 4: USA bobsled and my time as an American football player?
- 49:00Speaker 4: was there was zero religious coercion. There was no pressure
- 49:04Speaker 4: from the coaches or pregame, send me, go to war
- 49:09Speaker 4: type speeches. That's very common. What we're seeing from Hegseth
- 49:11Speaker 4: sounds like a pregame football speech. So that same thing,
- 49:15Speaker 4: but now that was, you know, on the Olympic bobsledding team,
- 49:18Speaker 4: USA bobsled is sitius altius fortius, bigger, stronger, faster. It's
- 49:23Speaker 4: about using your own strengths and confidence to bring about
- 49:26Speaker 4: your own, your best potential, what you have in a,
- 49:29Speaker 4: in already in you and relying on your teammates and coaches. They,
- 49:32Speaker 4: they led from that. I'd never heard a team prayer
- 49:35Speaker 4: or anything like that while on the United States bobsledding team.
- 49:38Speaker 1: One thing that this conversation is really bringing home is
- 49:41Speaker 1: the founding idea of religious freedom. And I'll just say again,
- 49:45Speaker 1: and listeners have heard me say this, but this conversation
- 49:47Speaker 1: just brings out the quintessential reason why you have to
- 49:52Speaker 1: think about two parts of religious freedom. One is the
- 49:55Speaker 1: free exercise of religion. And you often hear Christian nationalists
- 49:59Speaker 1: and others on the right talking about that clause, which
- 50:02Speaker 1: is important, the idea that government can't prohibit the free
- 50:06Speaker 1: exercise of religion is what the text says. But the
- 50:09Speaker 1: part that they often leave out is what you've been
- 50:11Speaker 1: talking about so well, Mickey, which is the idea that
- 50:15Speaker 1: if there's an official religion or there's an official agent
- 50:18Speaker 1: of the government that's pushing their own religion, that that's
- 50:22Speaker 1: itself a restriction on the free exercise of religion.
- 50:27Speaker 2: And for some reason, that dual message that.
- 50:30Speaker 1: We have to both limit what government does when it's
- 50:33Speaker 1: prevent it from proselytizing and that that's the way to
- 50:36Speaker 1: protect the free exercise of religion that so often gets lost.
- 50:41Speaker 1: So I wonder, I mean, John asked you in the beginning, Mickey,
- 50:44Speaker 1: about in Oklahoma being in the minority party or minority whip.
- 50:50Speaker 2: I mean, are you finding sympathy?
- 50:53Speaker 1: You talked about your conversation with Coach Kennedy and And
- 50:56Speaker 1: I thought that was fascinating that he might not have
- 50:58Speaker 1: fully understood the way that he was being used by
- 51:01Speaker 1: the religious right and litigation groups. But are you finding
- 51:04Speaker 1: the reception of that message out there? I know, of course,
- 51:09Speaker 1: John has been doing a lot of work talking about, yes,
- 51:12Speaker 1: you can both be, of course, a believer in religious
- 51:16Speaker 1: traditions and still believe also in religious freedom. So I'm
- 51:20Speaker 1: interested as you try to take that message to your
- 51:23Speaker 1: fellow citizens of Oklahoma, how they receive it, how you
- 51:27Speaker 1: go about persuading people and the general atmosphere?
- 51:31Speaker 4: Yeah, that's a great question. And being in the Oklahoma
- 51:33Speaker 4: State Legislature for over 10 years as a Democrat, I've
- 51:36Speaker 4: debated against almost every possible theocratic piece of legislation you've
- 51:40Speaker 4: seen introduced across the country. They all come from the
- 51:43Speaker 4: same bill mill. And let's just take the Ten Commandments
- 51:46Speaker 4: in classrooms, for example. This comes up every year. And
- 51:50Speaker 4: I'll ask the author, do you believe.
- 51:52Speaker 1: In religious freedom?
- 51:52Speaker 4: Well, of course I believe in religious freedom. Okay, and
- 51:55Speaker 4: you want to hang the 10 commandments in the children's classrooms.
- 51:58Speaker 1: Yes, I do.
- 51:59Speaker 4: What is the first commandment? Thou shall have no other
- 52:03Speaker 4: gods before me. Sir, where's the religious freedom in that?
- 52:06Speaker 4: And then it's one of those like cartoons, you know,
- 52:09Speaker 4: and then that's when the bill dies. And it can
- 52:11Speaker 4: do that with religious school chaplains replacing trained mental health
- 52:15Speaker 4: professionals with uncertified, no clinical pastoral education chaplains from this
- 52:21Speaker 4: National School Chaplain Association.
- 52:23Speaker 3: It's a total grift.
- 52:25Speaker 4: Just ask a few questions. Hey, would you accept this
- 52:30Speaker 4: amendment to require CPE, just like our government chaplains and
- 52:33Speaker 4: military chaplains have clinical pastoral education? Would you accept that amendment?
- 52:38Speaker 4: National School Chaplain Association says, no, no, no, we can't
- 52:41Speaker 4: accept that. You ask why? Well, it undermines their business
- 52:45Speaker 4: model where you and I could become one of their
- 52:47Speaker 4: chaplains for $ 1, 000, a six-hour online course, and $ 25 a
- 52:52Speaker 4: month after that. We can be volunteer chaplains that go
- 52:55Speaker 4: as well.
- 52:56Speaker 3: Oh, no way.
- 52:57Speaker 4: How do they pay their bills as volunteers? Well, they
- 53:00Speaker 4: get connected to Americans for Prosperity, the Heritage Foundation, and
- 53:03Speaker 4: they dial for dollars and they can literally raise as
- 53:06Speaker 4: much as they can earn as much as they can
- 53:08Speaker 4: get on the phone and raise. And so exposing the
- 53:12Speaker 4: grift behind many of these, where they take advantage of
- 53:15Speaker 4: well-meaning do-gooder politicians, who look at some anecdotal statistics and
- 53:20Speaker 4: then spout them off as fact on the House floor,
- 53:23Speaker 4: and then having to show them that little asterisk at
- 53:25Speaker 4: the bottom of that list they're reading says all statistical
- 53:28Speaker 4: data is anecdotal. You have to make them look stupid
- 53:31Speaker 4: sometimes to get the point across, and then guess what?
- 53:33Speaker 4: The good thing about it is the bill fails. And
- 53:37Speaker 4: we can do that, and that's what I help lawmakers
- 53:39Speaker 4: across the country do, is prepare them for debate and
- 53:42Speaker 4: talking points. and push back on this theocratic legislation, because
- 53:45Speaker 4: it's not just in sports, it's at the grade school level.
- 53:48Speaker 4: I've got a kid in first and third grade in
- 53:51Speaker 4: public schools, and you gotta be vigilant. But people, parents,
- 53:55Speaker 4: especially these days, don't have the time to go to
- 53:56Speaker 4: every school board meeting, so they may not know when
- 53:59Speaker 4: LifeWise is coming in to take their kids out of art, music,
- 54:02Speaker 4: or PE, and take them across the street or down
- 54:04Speaker 4: the block to a school, to another church, and then
- 54:07Speaker 4: bring them, give them this PragerU theocratic indoctrination. But it's
- 54:12Speaker 4: coming from all over the place. But the way that
- 54:16Speaker 4: we push back is by educating the public. This is
- 54:19Speaker 4: why I just love the Freedom From Religion Foundation, largest
- 54:23Speaker 4: free thought organization in North America, over 41,000 members. And
- 54:28Speaker 4: we protect the separation of church and state. And we
- 54:31Speaker 4: educate the public on non-theism. So our pluralistic secular government.
- 54:36Speaker 4: We definitely got our work cut out for us, as
- 54:38Speaker 4: you can tell.
- 54:39Speaker 3: Yeah, but I mean, you're doing the Lord's work, honestly.
- 54:42Speaker 3: I mean, the religious freedom argument is so American, and
- 54:45Speaker 3: it is so New Testament at the same time. And
- 54:48Speaker 3: I so appreciate the advocacy you've taken, and I know
- 54:50Speaker 3: it's not easy in Oklahoma. Let me ask you, with
- 54:53Speaker 3: that in mind, I'm in love with this debate. How
- 54:56Speaker 3: would you draw the line between a religiously neutral team
- 55:01Speaker 3: And a team culture. And then a coach who's just
- 55:04Speaker 3: simply sharing something that's personally meaningful to him. I mean,
- 55:08Speaker 3: where does that line go? Maybe that's a question to
- 55:10Speaker 3: both of you.
- 55:12Speaker 4: Well, for me, I've been in this experience before. That's
- 55:15Speaker 4: why I asked.
- 55:15Speaker 3: Your op-ed's amazing.
- 55:17Speaker 4: I do think that player-led prayer is perfectly fine. If
- 55:21Speaker 4: one of my teammates wanted to evangelize me, go for it.
- 55:24Speaker 4: I think the coach should keep their religious matters to themselves.
- 55:29Speaker 4: And it'd be like a coach trying to give you
- 55:31Speaker 4: relationship advice or marriage advice. Just leave that to the parents.
- 55:35Speaker 3: Stay out of it.
- 55:38Speaker 4: I'll take the USA bobsled example again. They not once
- 55:41Speaker 4: had to mention one Bible scripture or talk about anything theological.
- 55:46Speaker 4: It was, you're going to get in a 400-pound sled
- 55:49Speaker 4: and go 90 miles per hour, one mile down a mountain.
- 55:52Speaker 4: What you choose to do, pray, not pray, is up
- 55:55Speaker 4: to you. But we're going to train you to be
- 55:58Speaker 4: the very best in the world at it. And that's
- 56:00Speaker 4: what it comes down to, because that's where the real
- 56:03Speaker 4: values come from. Perseverance, resilience, grit. I mean, you go
- 56:07Speaker 4: down a bobsled and you turn over going 90 miles
- 56:10Speaker 4: per hour and hit every turn on the way down.
- 56:12Speaker 4: That's how you build resilience and grit and strength and courage. And,
- 56:16Speaker 4: you know, no Bible scriptures required.
- 56:19Speaker 3: No, I'd be praying the entire time having said that.
- 56:21Speaker 3: But yeah, absolutely.
- 56:23Speaker 1: I was going to say, John, just to add on
- 56:26Speaker 1: to that, I mean, such a nice way to put it,
- 56:28Speaker 1: that certainly there is a right of individual students to
- 56:32Speaker 1: say whatever they want about religion, to express their religion,
- 56:37Speaker 1: to say why they believe in it, why others should
- 56:39Speaker 1: believe in it. That's a matter not just of religious freedom,
- 56:43Speaker 1: but of free speech in the same way that secular
- 56:45Speaker 1: people can do the same thing. And private individuals have
- 56:49Speaker 1: that right. The difference is when a coach is acting
- 56:53Speaker 1: as a coach, which is an employee of a public school.
- 56:56Speaker 2: The First Amendment also has something to say.
- 56:59Speaker 1: It says that we protect people from government coercion and
- 57:03Speaker 1: influence by limiting what they can say in their official capacity.
- 57:07Speaker 1: That doesn't mean that they can't go to church, that
- 57:10Speaker 1: they can't, you know, on their own time, say whatever
- 57:12Speaker 1: they want. And the court, unfortunately, it's such a subtle point,
- 57:16Speaker 1: but the Supreme Court, a different Kennedy, Justice Kennedy, in
- 57:19Speaker 1: a case involving a junior high school, Nathaniel Bishop Junior
- 57:23Speaker 1: High School in Rhode Island, in Providence, where I teach,
- 57:27Speaker 1: of course, where Brown is, said, you know, laid this
- 57:30Speaker 1: out so beautifully. He said, look, you know, it's not
- 57:33Speaker 1: enough if the school says it's voluntary, and he was
- 57:35Speaker 1: dealing in this case with what was supposedly a voluntary graduation.
- 57:40Speaker 1: If kids are involved, they're going to feel pressure. That
- 57:43Speaker 1: was the point of the opinion. And it's not enough
- 57:46Speaker 1: to just say it's voluntary. If it's an official school function,
- 57:48Speaker 1: that's where the line is drawn. And that's what's so
- 57:51Speaker 1: unfortunate about this Kennedy versus Bremerton decision, that it's sort
- 57:55Speaker 1: of added this fiction that Coach Kennedy was somehow, this
- 57:59Speaker 1: time Coach Kennedy, not Justice Kennedy, was acting of his
- 58:02Speaker 1: own volition in his private capacity. And Mickey, I think
- 58:05Speaker 1: that story that you began with of what it was
- 58:08Speaker 1: like to be in the team meetings and to hear
- 58:10Speaker 1: this supposedly personal story that, of course, feels coercive to
- 58:15Speaker 1: the non-religious people. That's what Justice Kennedy was trying to
- 58:18Speaker 1: get at. And that's one of many areas where the
- 58:21Speaker 1: court has just abandoned it. I should say, too, when
- 58:24Speaker 1: the framers talked about religious freedom, this is what they
- 58:26Speaker 1: were worried about. George Washington responded to the Toro Synagogue
- 58:31Speaker 1: by saying, we're not going to have an official religion.
- 58:33Speaker 1: We're not going to have the vestiges that were part
- 58:37Speaker 1: of the long history, the unfortunate history of the inquisition
- 58:41Speaker 1: of forcing people into religion. We're going to be the
- 58:43Speaker 1: opposite in the United States. And Washington understood in this
- 58:47Speaker 1: correspondence to Toro Synagogue in this promise that it wasn't
- 58:52Speaker 1: just a matter of putting people in prison. It was
- 58:55Speaker 1: a matter of respecting them by not having government send
- 58:59Speaker 1: messages that were exclusive to one religion. So that's why
- 59:02Speaker 1: this fight, I think, really is about foundation of America.
- 59:06Speaker 2: We're not a Christian nation.
- 59:07Speaker 1: We're a nation that guarantees the freedom of religion. And
- 59:11Speaker 1: that's what Mickey and his allies and John, you know,
- 59:14Speaker 1: what all of us are trying to do on this show.
- 59:17Speaker 4: Professor, I'm glad you kind of touched on the history
- 59:19Speaker 4: of where this takes place. You know, in our original
- 59:22Speaker 4: Pray to Play report, the Freedom from Religion Foundation, back
- 59:25Speaker 4: in 2015, so a little over 10 years ago, They
- 59:27Speaker 4: looked into public universities who were hiring school chaplains and
- 59:32Speaker 4: their job was to proselytize student athletes. And that has backed.
- 59:37Speaker 1: Off a little bit.
- 59:37Speaker 4: Of course, there are plenty of schools that still have
- 59:40Speaker 4: religious chaplains at the university level, but they're not as
- 59:43Speaker 4: compensated as.
- 59:44Speaker 1: They were now.
- 59:45Speaker 4: But we're about to release... an updated pray to play
- 59:48Speaker 4: report that goes into the history of how religion was
- 59:52Speaker 4: infused into sports and the fun blue laws about that
- 59:55Speaker 4: in Pennsylvania. I'll get into that in a minute. But yeah,
- 59:58Speaker 4: I mean, the whole evolution of this is fascinating. Early
- 1:00:03Speaker 4: in the 1800s, it was looked down on to do
- 1:00:05Speaker 4: anything on the Sabbath. The Sabbatarians said, there's no way
- 1:00:09Speaker 4: you can have sports on Sunday. We have college football
- 1:00:13Speaker 4: on Saturdays. That's good enough. And so this also solved
- 1:00:17Speaker 4: a problem at that time because praying and being religious
- 1:00:19Speaker 4: was looked as kind of like weak.
- 1:00:22Speaker 1: They were weaklings.
- 1:00:22Speaker 4: So they had their manosphere moment in the mid 1800s
- 1:00:26Speaker 4: where they created something called muscular Christianity.
- 1:00:29Speaker 3: That's right.
- 1:00:29Speaker 4: And they started infusing religious scripture into bodybuilding and getting
- 1:00:34Speaker 4: this type of like macho reputation built up. And then
- 1:00:38Speaker 4: in the 1920s, right after World War I, professional sports
- 1:00:42Speaker 4: became like America's pastime. Think baseball and the NFL. Well,
- 1:00:47Speaker 4: the professional football at the time had just been incorporated. However,
- 1:00:51Speaker 4: the Pittsburgh Steelers, the Philadelphia Eagles, they didn't exist because
- 1:00:55Speaker 4: Pennsylvania had the blue law that says shall not do
- 1:00:58Speaker 4: anything on Sundays. And so they had to petition that
- 1:01:02Speaker 4: in the state legislature. It got nasty. And then it
- 1:01:05Speaker 4: wasn't until 1933 when they actually created this law called
- 1:01:10Speaker 4: the Sunday Baseball and Football Law in 1933. And then
- 1:01:14Speaker 4: immediately the Philadelphia Eagles and the Pittsburgh Steelers started playing
- 1:01:17Speaker 4: on Sundays. And then in my home state of Oklahoma,
- 1:01:22Speaker 4: the Fellowship of Christian Athletes, one of the largest student
- 1:01:24Speaker 4: athlete groups in America right now, extremely influential. started in 1954,
- 1:01:30Speaker 4: the founder of that realized that America is a hero
- 1:01:34Speaker 4: worshiping society. These professional athletes were selling razors and shaving
- 1:01:39Speaker 4: cream and other things on commercials, Wheaties, that type of thing.
- 1:01:43Speaker 4: He said, why can't we have our professional athletes sell
- 1:01:47Speaker 4: Christianity So he started writing to these professional athletes and
- 1:01:50Speaker 4: getting them to endorse Christianity. And then all of a
- 1:01:53Speaker 4: sudden you have this infusion of religiosity into sports. And
- 1:01:58Speaker 4: I thought maybe it could have been the other way around.
- 1:02:00Speaker 4: You know, NFL, they may have like lobbied to get
- 1:02:02Speaker 4: more religion into NFL to make it acceptable to watch
- 1:02:06Speaker 4: on Sunday. But it was actually a more of if
- 1:02:08Speaker 4: you can't beat them, join them by the Protestants. And
- 1:02:12Speaker 4: so they use sports as a vehicle to evangelize the youth.
- 1:02:16Speaker 4: And now you've got, in our new Pray to Play report,
- 1:02:18Speaker 4: we go very into detail about the top three student
- 1:02:22Speaker 4: athlete religious groups that are proliferating around America and really
- 1:02:28Speaker 4: indoctrinating and infusing religion, narrow-minded Christianity into youth sports. And
- 1:02:35Speaker 4: not all of it is bad, not if it's nefarious,
- 1:02:37Speaker 4: but if you look at children who, are still learning
- 1:02:41Speaker 4: critical thinking skills and they're taught that from a very
- 1:02:44Speaker 4: young age. And I will say this and then I'll
- 1:02:46Speaker 4: just be quiet for one second, but there is such
- 1:02:48Speaker 4: an intersection.
- 1:02:49Speaker 3: It's your interview, sir. You're not supposed to be quiet.
- 1:02:51Speaker 2: Please go on.
- 1:02:52Speaker 4: This is, I think for anyone, especially like the Supreme
- 1:02:55Speaker 4: Court justices who may have not played sports before, especially
- 1:02:59Speaker 4: a violent sport like football or bobsledding, they don't understand
- 1:03:04Speaker 4: like how having the superstition or a belief that you
- 1:03:09Speaker 4: have divine protection can enhance your athletic performance. It can
- 1:03:14Speaker 4: make you feel more confident. And heck, now as an adult,
- 1:03:18Speaker 4: I can only imagine my college football coaches whose jobs
- 1:03:22Speaker 4: and livelihoods and family stability are dependent on a bunch
- 1:03:26Speaker 4: of 18 to 21 year.
- 1:03:27Speaker 3: Olds You get pretty religious too, maybe.
- 1:03:30Speaker 4: Please, for the love of God, when you're not on
- 1:03:33Speaker 4: the field, make good decisions. Otherwise, we're gone. The turnover
- 1:03:37Speaker 4: rate in college football, you have two bad seasons, you're done.
- 1:03:41Speaker 4: And then that extends to your whole family. So coaches
- 1:03:44Speaker 4: are looking at it from make good decisions. Please, I'm
- 1:03:47Speaker 4: begging you. Here's some Christian morals you can follow. And
- 1:03:51Speaker 4: then for athletes, we put in so much time and
- 1:03:54Speaker 4: energy and training and preparing and one step the wrong way.
- 1:03:58Speaker 4: like millimeters can be a blown out ACL, a torn Achilles, CTE, concussion,
- 1:04:04Speaker 4: all of these things that you have no control over,
- 1:04:07Speaker 4: believing in something like that, whether it's a superstition or
- 1:04:11Speaker 4: a prayer can give you a competitive advantage. And when
- 1:04:14Speaker 4: it does work out, then it reinforces that belief and
- 1:04:17Speaker 4: you go back to it and back to it, but
- 1:04:19Speaker 4: it becomes so strong. It's part of your identity.
- 1:04:22Speaker 2: Absolutely.
- 1:04:23Speaker 3: And then I blame God when I don't win the
- 1:04:25Speaker 3: game and say it's his fault, too. But that's just me.
- 1:04:27Speaker 4: There's a reason for everything. That's right.
- 1:04:29Speaker 1: Exactly. Yeah.
- 1:04:30Speaker 3: God really cares about the outcome of this match. Representative,
- 1:04:33Speaker 3: it is such a pleasure to talk to you. And
- 1:04:35Speaker 3: I kind of resent the fact that I'm in New
- 1:04:36Speaker 3: York and I don't get to vote for you.
- 1:04:37Speaker 1: Yeah.
- 1:04:38Speaker 3: But let me ask you something. What's the biggest misconception
- 1:04:42Speaker 3: Democrats in other parts of the country have about Oklahoma
- 1:04:46Speaker 3: and Oklahoma voters?
- 1:04:48Speaker 4: Oh, that's a great question. I had a chance to
- 1:04:50Speaker 4: ask Mayor Pete this the other day. About four months ago,
- 1:04:52Speaker 4: he came to Oklahoma to campaign for a Democratic gubernatorial nominee,
- 1:04:57Speaker 4: Representative and Minority Leader Cindy Munson. And he gave a huge,
- 1:05:01Speaker 4: great speech. The room was packed. There was nowhere to
- 1:05:04Speaker 4: sit down. There were thousands of people packed into this auditorium.
- 1:05:07Speaker 4: And a couple months later, I went to a national
- 1:05:10Speaker 4: conference for state legislatures in Chicago. And he was hosting
- 1:05:14Speaker 4: a forum and I got to ask him, what was
- 1:05:16Speaker 4: your biggest takeaway of getting to meet people in the
- 1:05:20Speaker 4: reddest state in America? And I do believe it's the
- 1:05:22Speaker 4: reddest state in America because every single county in Oklahoma
- 1:05:25Speaker 4: voted for Trump for the last three presidential elections. Not
- 1:05:28Speaker 4: a single county went for the other candidate. And he said,
- 1:05:32Speaker 4: you know what? There's a lot of good Democrats in Oklahoma.
- 1:05:37Speaker 4: There's a lot of common sense people. And they support
- 1:05:41Speaker 4: the good ideas, but they're not well versed on the
- 1:05:45Speaker 4: political media environment that has overtaken people's thought process. And
- 1:05:50Speaker 4: I'll put that in a little bit different way. This
- 1:05:52Speaker 4: is the way I took that. And Oklahoma, we're one
- 1:05:54Speaker 4: of the few states that has the citizen-led ballot initiative process.
- 1:05:59Speaker 4: And the past four years, that's been decimated by the
- 1:06:01Speaker 4: Republican-controlled supermajority. But prior to that, Oklahoma citizens went out
- 1:06:07Speaker 4: and gathered signatures to pass medical marijuana. We gathered signatures
- 1:06:12Speaker 4: and passed Medicaid expansion that the legislature has punted for
- 1:06:16Speaker 4: 10 years. And now, as a result, more than 275,000
- 1:06:18Speaker 4: Oklahomans have health insurance who otherwise wouldn't. We gathered signatures
- 1:06:23Speaker 4: and passed criminal justice reform. And we gathered signatures and
- 1:06:26Speaker 4: we almost got a increase in the minimum wage, which
- 1:06:29Speaker 4: in Oklahoma is still $ 7. 25. Oklahoma is a pretty populous state.
- 1:06:34Speaker 4: They love progressive ideas. But the moment you put a
- 1:06:38Speaker 4: letter D in front of it, they have like an aversion.
- 1:06:43Speaker 4: So I am a real big proponent of talking about
- 1:06:46Speaker 4: ideas like 3D printed housing for older populations, for older adults.
- 1:06:51Speaker 4: You know, that's just some of the things I talk
- 1:06:53Speaker 4: about that solve real problems and they're innovative ideas. That's
- 1:06:57Speaker 4: what gets people around. And I felt like that's exactly
- 1:07:00Speaker 4: how Mayor Pete felt too when he came here.
- 1:07:03Speaker 2: What a conversation this has been.
- 1:07:04Speaker 1: Mickey Dolenz, former college football player, a bobsledder. I'm glad
- 1:07:09Speaker 1: to learn that about you. I didn't know that, and
- 1:07:11Speaker 1: I'm sure the listeners enjoyed hearing about this as well.
- 1:07:14Speaker 1: And of course, a defender of religious freedom and of
- 1:07:18Speaker 1: the founder's idea that the free exercise clause has to
- 1:07:22Speaker 1: go hand in hand with the resistance to religious coercion.
- 1:07:25Speaker 1: You brought that out so clearly in the stories of
- 1:07:29Speaker 1: what it was like to play sports at a high level,
- 1:07:32Speaker 1: to be in those huddles. And also, we really appreciate
- 1:07:36Speaker 1: the discussion of what you're doing on the ground in
- 1:07:39Speaker 1: Oklahoma as a member of the House of Representatives to
- 1:07:43Speaker 1: really persuade people to reclaim this idea of religious freedom
- 1:07:48Speaker 1: at the same time, too, that you're doing so much
- 1:07:51Speaker 1: to advance other issues.
- 1:07:53Speaker 2: So really, it was a pleasure to have you on
- 1:07:55Speaker 2: The Oath in the Office. Thanks so much for joining us,
- 1:07:57Speaker 2: Mickey Dolenz.
- 1:07:59Speaker 4: You know, the freedom of religion wouldn't exist without the
- 1:08:01Speaker 4: freedom from religion and government. And what you're doing is
- 1:08:04Speaker 4: a great service to that, too, protecting that constitutional principle.
- 1:08:08Speaker 4: Thank you so much for having me on the show.
- 1:08:10Speaker 4: I hope to be back soon.
- 1:08:11Speaker 3: Thank you.
- 1:08:12Speaker 1: Absolutely.
- 1:08:12Speaker 3: I think he was talking to me there, Corey, by
- 1:08:14Speaker 3: the way. I think that was to me. Thank you
- 1:08:15Speaker 3: so much for being with us. What a great guest, Corey.
- 1:08:20Speaker 3: I actually really learned a lot. Normally, I hear that
- 1:08:22Speaker 3: we're going to talk about football, and I'm like, I'd
- 1:08:24Speaker 3: rather have a head injury. But this was a really
- 1:08:26Speaker 3: terrific conversation.
- 1:08:28Speaker 1: You know, John, I have really spent my whole career
- 1:08:32Speaker 1: writing and talking about the First Amendment, including these ideas
- 1:08:35Speaker 1: that we've been talking about, the free exercise of religion,
- 1:08:39Speaker 1: the ban on the establishment of religion. But what I
- 1:08:42Speaker 1: really loved about the conversation is that we really brought
- 1:08:45Speaker 1: it into the locker room.
- 1:08:47Speaker 2: This is what it's like to listen to a coach.
- 1:08:49Speaker 1: And Mickey is really unusual in that he's got this
- 1:08:52Speaker 1: perspective of really witnessing violations of religious freedom and then
- 1:08:56Speaker 1: in the Oklahoma State House fighting for religious freedom. So
- 1:09:00Speaker 1: it was really a great Great guests appear as well, too,
- 1:09:03Speaker 1: with the special episode that we had with the two
- 1:09:06Speaker 1: governors from Tennessee, one of whom talked about how he
- 1:09:10Speaker 1: vetoed a law that would have made the Bible the
- 1:09:12Speaker 1: official book of Tennessee. And, you know, there are people
- 1:09:16Speaker 1: out there who really see what Christian nationalism is doing
- 1:09:20Speaker 1: to our country and how it threatens our democracy. And
- 1:09:23Speaker 1: I'm glad that we got to talk to Mickey about that.
- 1:09:25Speaker 3: How to fight back yeah there's nothing like uh politicians
- 1:09:28Speaker 3: who force the ten commandments up in public schools and
- 1:09:31Speaker 3: then vote for a president who has publicly broken all
- 1:09:34Speaker 3: ten of those commandments just so we know how seriously
- 1:09:37Speaker 3: those republicans take the top ten professor always a pleasure
- 1:09:41Speaker 3: thank you so much i want to thank wendy and
- 1:09:43Speaker 3: beyer wolf and all the people who put this show
- 1:09:45Speaker 3: together i want to tell everyone please if you listen
- 1:09:47Speaker 3: please give us a review and like us and subscribe
- 1:09:50Speaker 3: and tell all your friends and share our episodes on
- 1:09:52Speaker 3: the social media And we read your emails as well.
- 1:09:55Speaker 1: Right, Corey?
- 1:09:56Speaker 2: Absolutely.
- 1:09:57Speaker 1: We're taking questions still. I'm compiling them. We'll, in a
- 1:10:00Speaker 1: future episode, talk about them.
- 1:10:02Speaker 2: And you could send.
- 1:10:04Speaker 1: me an email at cory.brettschneider at gmail.com. And also be
- 1:10:09Speaker 1: sure to put that subscribe, push that button if you're
- 1:10:12Speaker 1: watching us on YouTube, or if you're listening, push on
- 1:10:14Speaker 1: Apple or Spotify.
- 1:10:16Speaker 2: And the other thing I'll just say is a thank.
- 1:10:18Speaker 1: You to our listeners who continue to push us into
- 1:10:21Speaker 1: the top three on Apple Trending Podcasts.
- 1:10:23Speaker 2: We're often number one.
- 1:10:25Speaker 1: And one way that that's happened, too, is sharing it
- 1:10:28Speaker 1: with friends. So just push that share button, send it
- 1:10:30Speaker 1: to one friend that you think would like the Oath
- 1:10:32Speaker 1: in the Office podcast.
- 1:10:33Speaker 3: And John, I just want to.
- 1:10:35Speaker 2: Thank you, too, for. joining me here every week. You know,
- 1:10:38Speaker 2: it's a difficult time, but you make it fun.
- 1:10:40Speaker 3: Part of my parole. You know that. You've talked to
- 1:10:42Speaker 3: my parole officer. I have to be here, so it's okay.
- 1:10:45Speaker 3: I hope you appreciate that we just talked for like
- 1:10:47Speaker 3: half an hour to a guy named Mickey Dolenz, and
- 1:10:49Speaker 3: I didn't make the monkey's joke once. Not one reference
- 1:10:52Speaker 3: to the last surviving monkey. I think I didn't mention
- 1:10:55Speaker 3: Davy Jones. I think I deserve a little credit for that, Professor.
- 1:10:57Speaker 3: Just saying.
- 1:10:58Speaker 1: You do, John.
- 1:10:59Speaker 3: As your least favorite student, I deserve a little. Thank
- 1:11:02Speaker 3: you all so much for joining us. And we will
- 1:11:04Speaker 3: see you. You can see Corey, by the way, on
- 1:11:06Speaker 3: my Sirius XM show live. And he takes your calls
- 1:11:09Speaker 3: every Monday. And we'll see you next week on The
- 1:11:11Speaker 3: Oath and the Office.