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Hey, welcome back to the Barry Farrow Show. It's great to have you with us today.

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Today, we're going to talk with a religious freedom expert.

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You know, on every level, we see this religious exemption being threatened,

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challenged. But first, before we jump into that, let's just take a quick moment to review

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the latest YouTube policy. You know, they were already censoring anyone that said anything about

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vaccine passports that spoke against the vaccine in any explicit way. But now they've gone to a

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whole new level. Now, they're expanding to any argument, no matter how factual it is,

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that's in conflict with the CDC narrative, even from around the world with respected

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scientists and medical doctors. The problem with the position that YouTube is taking

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is they've expanded to the presumption that they know everything. And as smart as those guys are,

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they don't know everything. You know, they claim that something's a falsehood, when in fact,

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it's merely a controversy, or it might even be a set of facts that they disagree with. Of course,

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even the creation of the data analytics software that they rely on to develop and do all their

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great algorithms, the very software they work with, they had to go against the mainstream to

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get it developed. And you know, most of the innovations that we enjoy today rely upon new

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school, not old school technology driven by going against the consensus view. Plus, by just shutting

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down every alternative view to the COVID-19 narrative, they further deepen mistrust. They

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show that they're really trying to hide something, or it sure seems that way. I mean, why not broadcast

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Merck's latest drug that seems to work as a therapeutic beautifully, and it's just a pill?

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Or why not broadcast the proven monoclonal that's being used in Texas and Florida to

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give it more traction to helping people, saving lives? I mean, why not shout from the mountaintops

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that the latest studies from around the world on natural immunity actually proved natural

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immunity is pretty darn good. God kind of knows what he's doing. You know, truth really shouldn't

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be intimidated by anyone else's view. If the vaccine is as safe and non-intrusive as they

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claim, they could just simply point to the adverse reactions page on CDC's website, and they could

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make their counterclaim with simple math, if it's true. This, in conjunction with the Federal Medical

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License Board's punitive impact on doctors who disagree with the current narrative, just really

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goes in the opposite direction of free speech and open society. And it really leads to the

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suppression of truth. And they're in fact responsible for a one-sided view, and that leads to expansion

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of misinformation, not the other way around. In other words, by trying to clamp down on what they

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think is true, but they don't really know for sure is true, they in fact eliminate the possibility

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of discovering truth. And you know, that's exactly what happened to Galileo. He's way back in the 17th

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century. He's known as the father of science, the father of astronomy, the father of the scientific

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method, yet he was branded as a heretic and under house arrest for a large chunk of his adult life.

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And that's because he went against the consensus view, but the consensus was wrong. If the consensus

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in this case is right, they have nothing to fear and they shouldn't clamp down. Well, hey, today

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we've got an expert from First Freedom Institute, Jeremy Dice. He's special counsel for litigation

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and communications. You know, in the episode, Jeremy, where YouTube censored me a couple of

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weeks ago, I was simply retelling the story of a fantastic young man who has been attempting to

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get his religious exemption processed through the airline that he works for. And you know,

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we got censored, we got canceled out. We still got a lot of views on Rumble and thankfully we've got

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a kind of a backup plan, but I guess YouTube just didn't like the facts. I mean, it was simply a

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story, this guy's journey. And he and hundreds of other pilots are claiming that they really

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weren't given a reasonable accommodation because though they were technically given the religious

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exemption, and that was after a whole series of intrusive questions, they were given it without

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pay and without benefits. So it doesn't seem like that much of a reasonable accommodation.

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What are your thoughts on the airlines? I know the one I'm talking about you don't represent.

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Do they have any, so maybe you can speak more freely about it. Do they have any chance of

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prevailing in court? Yeah, look, I don't represent any of the airlines, thankfully,

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so I think I can be kind of clear on all of us. In fact, we're suing one of them,

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which I'll tell you about in a moment. But first of all, thanks for having me on the show today.

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Thanks for letting us catch up with you on the shooting range. I know that that's more important,

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but thanks for giving.

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some time. Where else would you find a first amendment scholar but exercising his second

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amendment rights, right? So yeah, look, look, these are tough issues. And for the airlines,

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I get it. Look, we're talking right now. And the latest news is that I think 1000 or 2000 flights

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from Southwest Airlines were canceled. And they're saying that's weather, but that's not

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weather. There are sick outs being called in all over the country in protest of these vaccines.

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And look, I'm not going to take a position one way or the other on vaccines, everybody can have

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their own position on it all. And that's what we used to call freedom in this country. And that's

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what I care about. When you have United Airlines right now insisting that every member of their

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staff get vaccinated, that level of mandate is going to actually have the opposite intended

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effect. And so if they're intending for people to help save lives and protect health, or going

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about it, I think the backwards way of doing so because they've clearly never parented a teenager,

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when you tell somebody to do one thing, they want to do the opposite thing every time. And I think

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that's where we find ourselves right now is people wanting to figure out, okay, wait, I was on the

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fence about this. But now that you tell me I have to do it. Well, by golly, I'm not going to do it

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whatsoever. Right? And that's really kind of an unfortunate situation to find ourselves in. Will

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United Airlines be successful? That's the million dollar question all these things. What I think we

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can all agree on is that by not offering or not respecting religious accommodations or exemptions,

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I think they're further entrenching the us versus them mentality on things. A religious

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exemption exists when people recognize that religion is a valid thing for us to live our lives

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by. Let me let me interrupt you real quick. What is a religious exemption? What's the definition of

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Yeah, the simple statement is that you are exempted from some sort of requirement based

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upon your religious beliefs or conscience. And that's the very simple idea of that. But underlying

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all that is the philosophical side of things, which says that if the why do we accommodate

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religion in general, opposed to we understand what a medical exemption would be, I have a

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medical condition that would require me to be exempted from an otherwise valid requirement.

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Well, it's the same sort of thing when we recognize that there is something to which we

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owe a higher duty and responsibility, God in this case, in that practice with the divine, that

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vertical relationship that we have requires a recognition either by our employers or by the

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government itself, that we need to give them the space to be able to have that freedom. And this

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is all that our foundation stone of freedom is built upon this respect for one's relationship,

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not just horizontally with our neighbors here, but vertically with our God, there are some things

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that the divine requires us to do, that the government may want to get in on and say you

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can't do. But because of that vertical relationship, we're going to afford them the

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space to be able to have that, that freedom to do that thing. And so when employers in this case,

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don't respect that religious belief, or in some cases, as I think we've seen too many times now,

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they view it as sort of this magic fairy dust that we can sprinkle on things to get out of

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otherwise require other requirements, that has a real danger to not only showing tolerance and

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respect, but also to undermining our very freedoms that we have come to know and love so much.

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So what are the different ways to credibly apply for a religious exemption in this situation? So I

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I kind of walked that journey with this pilot, and he is of the Christian faith. And it's a

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classical, traditional faith, it's not brand new to just the vaccine, I think it predates the vaccine

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by a couple 1000 years. And so he argued in two ways. Number one, he's very, very pro-life,

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very sensitive to that issue. And people can have different opinions on this. But he

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sincerely believes that anything that's connected to abortion in any way, shape or form is evil. So

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even if you have a aborted fetus, and I know some people argue, well, now that it's abortus, you go

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ahead and use what you need to advance science. Others say, no, you can't have any connection

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with that whatsoever, because that's a violation of my deeply held belief. Is that a legitimate

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religious exemption? Well, I believe so. Look, I would actually back that train up a little bit

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further down the track, which is to say that if someone says I have a sincere religious belief

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that requires me to not do x, or maybe the best state of the other way around that prevents me

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from doing what you require me to do, that ought to really end the matter. And the problem that

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we're having, so you ask, but what's the process? Well, the process is you assert that in writing,

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or to your HR person in an email, or by voice. And then they have to figure out a way to be

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able to accommodate you so long as it does not pose an undue hardship to the company that you're

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working for. But that's not what they did.

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No, I know. But that's not what they did. They came back and asked him a series. I saw all the emails.

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It was four or five series of intrusive questions going back in time, asking him whether or not he

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was a was a real, genuine Christian, as if those secular humanists had any idea how to assess that.

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That's exactly what I'm getting. That is that that first statement says I have a sincere

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religious belief. This is where the divide is in our country right now, is that there is a divide

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between the sincere and the insincere, if I can put it that way. People who sincerely believe

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religious beliefs have meaning and impact upon their not only lives, but their eternal souls.

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Those who think that that is just simply insincere talk about wanting to get out of something that

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they want you to do. What that divide is leading to is this horrible thing where you have people

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that are saying, hey, you don't really believe that. And so we're going to force you to violate

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your conscience. Now, hold on a second. What what is the implications of that? This is really dire

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stuff, if you think about it. What someone is saying is that I have a sincere religious belief

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that if I violate this standard, my life is not just simply in jeopardy. My eternal soul is in

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jeopardy. If that is the case, this is genuinely how people feel. Exactly right. And so there is a

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growing number of people, unfortunately, that believe that they're just simply trying to grab

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a magic pixie dust and throw religion on this to say, hey, I want to get out of waiting in line

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for something. That is beyond the pale. What we're actually arguing about is if you force me to do

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this, whether it is violate my conscience on the issue of aborted fetal matter or just simply

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violate my conscience on putting something in my body that is untested or whatever the

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justification for it actually is, if you force me to violate that, it's not simply that my mind is

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broken or that my heart is disaffected. It means that my eternal soul is in jeopardy here. And that

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level of intolerance is really concerning in a society that otherwise believes itself to be free.

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So does the government have a right to deny a religious exemption?

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Well, we're kind of mixing things here a little bit here. So the government itself is an employer

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and employees are employees of private corporations. And so there is a law that's called Title 7

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and that protects employers of 50 or more employees. And so if they are, if you're in,

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so most employees are subject to this kind of requirement, Title 7 requires.

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I'm actually talking about, I'm actually talking about the employees of the government. So they've

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got a few million employees. Do they have the right to deny the religious exemption as they

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apparently have been doing with him? So it's the same kind of analysis,

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just kind of going down two different tracks here. Yeah. So employers like the government,

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if you're a government employee, you still have religious liberty. You still have the rights as

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an employee to, to have your religion at work. And so you cannot be forced by the government

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to violate those convictions. Now I should be very clear on this point. If you're an employee

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of the government, there is a mandate supposedly out there for you. But if you're a private employee,

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there is an announced mandate that is supposed to be coming, but is yet to come.

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So does the mandate, does that mandate have the force of law? It's a mandate from the

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chief executive, I guess, of your employer with the government, but does, is it an actual law

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when he makes the mandate? It should be right. I mean, this is administrative law. So yes,

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it has the force and effect of law. It has to be rooted upon an act of Congress in order for it to

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give full force and effect. In other words, it has to be derived from something the legislature

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has said, you go here and execute these laws. If OSHA, the Occupational Safety and Health

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Administration cannot root itself in that law, then of course it's not a valid force of law.

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That I think is what is going to be the substance of the legal debate once that mandate for private

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employers is actually fully announced by OSHA. Hasn't come yet. Now, if you're a government

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employee, I do understand there to be a mandate in effect. We see this right now with our members

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of the military and contractors that are having a certain amount of time to get their shot put

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in place or not. And so I think we're going to see more and more challenges arising to these things

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as the conscience objections are denied by the federal agencies around the country.

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So let's go to a different thought, and that's just what the typical business guy has

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asked. Is there anything that a host like me can do to sue YouTube? I mean, I was canceled for

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simply retelling the story of an airline pilot's journey. Is there any claim for an implied in

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fact contract? You know, we're like a restaurant expects to be paid after the meal is delivered.

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So even though that customer didn't sign a contract, it's pretty obvious he came in there,

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he ordered food, he ate the food. And then if he gets

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up and just leaves without paying you know the restaurant owner could have some kind of a claim

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I'm not sure it'd be worth chasing but if you wanted to he could claim based on an implied

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in fact contract as I understand it. So in a similar vein could a YouTube host expect

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to keep their following expect to be able to say as long as it's legal whatever they want to

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or is there any way that litigation would prevail using some kind of a logic like that?

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Maybe and I hate to use the law school answer that it depends here but this is where we're

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right in the middle of a discussion about this right now. Look we sued America or I'm sorry

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Alaska Airlines a couple weeks ago. We filed an employment complaint against them as I guess it

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would be the more proper designation. We made a video telling our this is the flight attendant

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who used their internal server to make some comments about her faith on that and then she

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was summarily fired for doing so. Actually even ushered off the plane. It's really quite shocking.

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Well we went to the Seattle airport we took our cameras we took video of the Alaska

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airline planes kind of driving around the tarmac and has their logo on the side of the plane as

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you remember. Well we put that out as soon as we announced the case we put that story out and that

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was the b-roll so that section that where you don't have somebody talking it's just kind of

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background noise that's out there of those planes going around the airport. We shot the video they

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were in public view there is there's no copyright violation here or any other expectation of privacy

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I put that on YouTube and Alaska Airlines actually complained they flagged that video

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to YouTube and got that video shut down over the weekend. Unbelievable. Now I was really

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bothered by that. You guys have it up on rumble? It's up on rumble but it got back up on YouTube.

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Now let me tell you the rest of the story what happened here and this is why I think this is

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such a nefarious thing that we need to start working on here. What happened is that they

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asserted a claim to their copyright. There was no legitimate claim to their copyright but as soon as

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they assert that claim on copyright Google is required by I think it's called the Uniform

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Millennial Data Privacy Act or something like that they're required to take that video down.

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It's a must language in a statute they have to take it down and if they don't the copyright owner

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can can hit them for a five-figure penalty. Well that's pretty substantial and I can understand

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that. Now here's the here's the trick there's no equal and opposite movement to that. In other

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words Alaska Airlines pulled this as a litigation trick so that our client having violated their

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her religious rights as an employee now was denying their her rights as a First Amendment

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as a citizen under First Amendment rights. That I think is very very concerning here and so I'd

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like to have a discussion with the Senate with the Congress saying look I get the fact that you want

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to protect the employers and these companies with their copyrights. I understand that. I think we

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can all agree upon that but when they use this for negative and nefarious purposes like they did

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in this case to shut down the free speech rights of citizens that are otherwise just simply trying

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to assert their rights with legal counsel I might add that goes a bridge too far and I think the

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same penalty that is imposed against Google and YouTube ought to be imposed against the employers

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for trying to pull this kind of a stunt. So when it comes to situations like that I think we can

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have the discussion when it comes to situations like yours it's it's a hard thing to figure out

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because the First Amendment doesn't traditionally apply within the private sphere of YouTube

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but that's where we find ourselves in right now which is why I say it depends. I think there's a

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discussion going on right now to figure out is YouTube the next private park right we know the

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private public square right you go downtown there's a park you go out there you should be

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entitled to be able to hand out literature and say whatever you want on that green. If that is owned

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by a private entity that analysis changes a little bit but not fully and so we're gonna we're gonna

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figure out now whether YouTube and Facebook and Twitter and all the other socials are these sort of

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this public private partnership that is the new public square for us to insert the First Amendment

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to fully protect our our residents around the nation. Thank you for that answer yeah

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from a business standpoint I would think that that implied in fact contract which hasn't really been

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tested to my knowledge would have some potential bearing it's you know when I when I go into

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business with someone I've got things that are not mentioned in our contract that always happens

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especially in any kind of a complex deal and there are things though that are implied that you have to

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hold up your end of the the deal on and for someone to willy-nilly yank someone's potential

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for reach or what have you through a platform that they previously believed would allow for a

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free use of it I would think would have some bearing but you're saying so far there's there's

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I don't think anybody's tried that but you don't know if that would have I'm willing to pick up

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every success I'll pick up every stick and rock that's laying on the path on the way to victory

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to be able to use it.

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I would certainly be glad.

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I think there's gonna be all the arguments

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that need to be made.

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The question mark is what is going to be the outcome on them

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and that's what we're trying to figure out.

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But what I think we can all agree on and should agree on

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is that when companies or even the cancel culture mob

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uses those well-meaning laws

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for a negative and censorious effect,

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we have a right, we have a duty, frankly,

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to point that out wherever we possibly can.

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And then eventually to say, wait a minute,

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we've got to have different adjustments to the law

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to make sure things are corrected.

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So in the case of our Alaska Airlines case,

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the opposite intended effect occurred with that law.

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They followed the law,

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but it actually negated my client's first member rights,

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at least for a period of three or four days.

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That's wrong and we can fix that

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with a little tweak of the law.

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In cases with hosts like you and others,

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the cancel culture mob has been regrettably winning

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the ideological war on that.

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I think that's gonna be a war

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that's gonna be more won on the ideological side of things

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than is on the litigation side of things.

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But I think it may take the litigation

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in order to push the policy

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and the ideology in the right direction.

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Let's move to one more thing.

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We just saw that this Michigan judge,

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a Bush appointee actually,

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denied this claim for natural immunity.

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Apparently this gal, an employee of Michigan State,

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was able to present that she had two antibody tests.

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She was able to show that and that she's healthy.

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And her doctors told her

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she didn't need to get the vaccine at this time

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because they felt like her natural immunity

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was strong enough.

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So she faces this termination from the university

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for not complying with Michigan State's mandate

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that everybody, students and staff, have to get the shot

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unless they have a medical or religious exemption.

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So she's going on a different basis.

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She's attempting to go on a health claim.

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Basically, wake up everyone,

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look at all these arguments for the natural immunity.

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And now we've got over a dozen studies

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that are peer-reviewed worldwide

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that say that natural immunity is equal or better

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than the actual vaccine.

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So you can take the vaccine,

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you can have the natural immunity,

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and those two are at least equal.

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Anyway, the judge denied her lawsuit.

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He said the mandate didn't violate her fundamental rights.

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He pointed to this 1905 ruling.

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What are your thoughts about that?

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Is there any way to update that 1905 Supreme Court ruling

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or how does that work?

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And what are your thoughts?

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This is a really, really tough issue

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because of that case in 1905,

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the Occasion versus Massachusetts, it was smallpox.

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And so we're trying to figure out

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whether or not that applies today or not.

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The Supreme Court really just hasn't given us

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any guidance on that.

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Ultimately, that's gonna be the answer

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is what the Supreme Court ultimately says

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about the whole thing.

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Now, common sense would seem to kick in here, right?

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If you have natural immunity to the chickenpox,

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do you really need a booster shot?

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The science is pretty well settled on that one,

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I would think here.

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Look, it's gonna take a while for us

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to sort this whole thing out, unfortunately.

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And regrettably, the common sense doesn't seem

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to be that terribly common right now

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to carry these things through.

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So I would continue to encourage folks

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to go to firstliberty.org and kind of look at our guidance

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that we have on there at the top of the page.

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It'll help you think through and walk through the steps

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that you need to take in order to request

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a religious accommodation and religious exemption.

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I wanna kind of give a little bit of hope here

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because there have been many that have followed those steps

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and received a religious accommodation.

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If you're an employer in a private company,

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let me remind you, there is no federal mandate right now

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for your employees to be vaccinated.

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You're simply following the bully pulpit of the president

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saying, I'm gonna issue a mandate

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for every employee to be vaccinated.

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But you can hold out for right now, if you want to,

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you don't have to, if you wanna issue the mandate,

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that's between you, your shareholders, or your board

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to figure out whether or not that's the best thing

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for your employees.

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But I think we should all be taking a pause here

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to recognize how important the issue of religious liberty

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and accommodating that, however possible, can be.

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I have a friend, actually, he's an elder at my church,

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as a matter of fact, who had COVID, recovered from COVID,

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works remotely, still works remotely,

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and they're requiring their entire remote staff

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to become vaccinated.

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Now, that doesn't seem to have a real bearing

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on the protecting of people in the workplace.

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He's got natural immunity, he's not in the office,

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but I understand, he's older in age

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and he can't right now go out to run and get a job.

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Look, I think that is every bit as despicable

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and intolerant of someone's religious beliefs

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and their age, for that matter,

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to demand that someone who depends upon a livelihood

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of work to go and get something

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that they may or may not need.

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Look, again, I'm not gonna say anything for

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or against the vaccine, that's between you,

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your doctor, and your God,

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but I think employers need to take a long, hard look

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at these vaccine mandates and not follow the popular.

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trend that may be to say, hey, we're going to demand that people go out. Southwest Airlines

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is facing a real problem right now with their staff saying, we're not going to get the shot,

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we're walking off the job. The economic impact of that, as you well know, is going to be enormous,

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simply because they refuse to recognize a vast majority of people that have a common sense

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rationale, but also a religious or medical problem with getting these vaccines. At one time,

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we were the enemy of the free world in recognizing people's religious conscience.

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When can we get back to that? To recognize that our neighbors are not scary monsters because they

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are religious, but instead they are people of genuine goodwill who simply are trying to abide

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by their faith in a manner that pleases the divine. We ought to have room in this country

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for that to occur. Amen. Thank you, Jeremy. Fascinating stuff. Thank you for being all

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about freedom. First Freedom Institute listeners, great organization. Why do they call it the First

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Freedom Institute? Well, if you look at the First Amendment, the first part of the First Amendment

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is religious freedom. It's the freedom to believe, the freedom to freely exercise that belief.

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Thank you for fighting for us, Jeremy. You and your organization are great.

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God bless you and to your freedom. We'll see you next time.

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Transcribed by https://otter.ai
