take this job and shove it! i'm michael smerconish in philadelphia. the department of labor reported only 266,000 jobs were added in april which is much lower than anticipated and the unemployment rate for the last month ticked up to 6.1%. you'd think that a demand for employment would be higher with more people vaccinated and parts of the country easing back restrictions. this is the front page of today's print edition of "the new york times" tepid job growth inflames a debate over u.s. benefits.

we are seeing examples play out all over the country. job sectors in manufacturing and others are going unanswered. mcdonald's in butler county, pennsylvania, is offering a 500 bonus upon hire. a mcdonald's in florida paying people $50 just to show up for a job interview. a sonic in albuquerque, new mexico, a chicken express in texas had signs on their drive-thru windows warning customers to be patient with them given the, quote, no one wants to work any more. as concerts and live events resurrect after more than a year, "the wall street journal" reports that roadies have taken their skills elsewhere and leaving venues worried they won't find people qualified to take their place. a restaurant tour named caleb in bucks county, pennsylvania, called into my program yesterday on sirius xm and how it's affecting his bottom line and

the struggles he is going through. so it seems the labor force wields all of the leverage. those receiving unemployment benefits get $300 a week from the federal government on top of state unemployment benefits which the labor department says average 318 a week. so that is $618 a week in total on average, which equates to more than $15 an hour. that will remain through september when the benefits are set to expire. the three stimulus checks given the past year ranging from $600

to $1,400 each. to receive these unemployment benefits people don't have to prove they are look for a job. numerous states are trying to change that now with south carolina and montana ending federal pandemic unemployment benefits altogether for its residents starting next month. here is what senate minority leader mitch mcconnell had to say about the issue. >> we have been so generous with our plus-ups to unemployment insurance and the checks that we have been sending everybody, that a great many kentuckians and americans look at the situation and find they are better off financially to stay home rather than go back to work. >> the president, yesterday, said otherwise when speaking to reporters. >> the data shows that more -- more workers -- more workers are looking for jobs and many can't

find them. while jobs are coming back, there are still millions of people out there looking for work. >> do you believe enhanced unemployment benefits have any effect on diminishing a return to work in some categories? >> no, nothing measurable. >> the u.s. chamber of commerce disagrees. the business lobbying group called for an end to the 300 a week federal unemployment benefit on friday claiming the disappointing job report numbers clearly show people are not incentived to go back to work. is the government being too generous and will the jobs we see open today be there come september? i want to know what you think. go to my website this hour at smerconish.com and answer this week's survey question. should enhanced unemployment benefits be reduced to incentivize people to return to work? joining me to discuss is eric mcrath for wj"the wall street jou journal". he wrote this front page story

yesterday. eric, there are many factors at play here, right? fear of getting covid, schools that are not yet open, lack of a skill set for jobs that exist. but you were a guest on my radio program and came a torrent of calls from small business owners. i can tell you they absolutely believe that government money has disincentivized the work force. >> absolutely. the feeling among businesses is that the unemployment benefits are providing a large disincentive. i think the case for lower wage jobs. you mentioned the average payment would be more than $600. that is about $15 an hour working full-time. if you're looking for jobs in that $10 to maybe $18 a range, it's going to be hard to convince someone they should come to work and spend the child care costs and spend the commuting costs when they could stay at home and maybe wait

until things play out through the summer. >> president biden, of course, disagrees with what i hear from the small business owners. last night, i was guest hosting for chris cuomo for his program on prime time. here is what my guest had to say in response to this issue. >> a lot of workers want to return to work. i know that. i hear from them every day. you just go around the country. people want to return to work. it's not unemployment insurance that is keeping them out. the extra unemployment insurance is, what? $300 a week. try to live on $300 a week. no. people want to return to work. they simply can't right now. one of the goals here, obviously, over the long-term is start lifting wages, so you want a very hot labor market in terms of that goal. >> so i understand his point, eric, has points is to say if you're a small business person, then pay your labor force more to which i guess a small

business person would say, i'm now in the position of competing with the federal government in terms of how much i'm going to pay. >> right. and in some ways, people have said it kind of creates a de facto $15 minimum wage which congress considered and didn't pass earlier this year. now, some employees, the workers i talked to say they know there might be a job at a fast food restaurant or ecommerce warehouse be they don't want that job and want the job they lost the most. maybe at a mall or higher-end restaurant they think they could earn more money and like at live events or even an office-type job. actually half of workers surveyed recently said they want to work but work from home. so that is really hard to match those folks with someone that is not filling that fast food drive-thru. >> that takes us back to what i said earlier. part of the reason they want to work from home is because they have a safety concern about the

workplace or because the schools aren't open. this opens up a whole other can of worms. the schools aren't open, they need child care that they can't support because they have got to take care of their kids. >> yeah. absolutely. about 40% of schools are not fully reopened, meaning the kids go one day, maybe don't go the next day. that is really difficult for someone that might need to work like a retail, a delivery job, a warehouse job. those are the jobs that are created. those are many of the jobs that are open and they are not jobs that you can do from home. they might be jobs you might need to travel 20 miles up the freeway to the big warehouse to be able to work at and not compatible. many more americans are vaccinated. that is great but, still, a large number of adults aren't vaccinated and some are unwilling to ever become vaccinated so that presents a challenge. >> give me the takeaway. you had a deep dive on exactly this issue page one above the fold yesterday in "the journal." what do you want to leave people with? >> this summer is going to be

really interesting in the labor market. i think that some workers with going to find a chance to get that promotion or pay raise because their bosses will be desperate to have them on staff. but then come september, everything could change if these benefits fall away and schools are back open, the labor market could expand quite a bit. >> thank you, eric. i appreciate it. >> sure. happy to join us. thank you. what are your thoughts? tweet me at smerconish and go to my facebook page and i'll read some responses throughout the program. whole separate issue. we have also talked about here and including on last weekend's program. should employers be demanding that the work force is vaccinated? might the private sector say, we are open for business to people who have been vaccinated so we raise to herd immunity.

i want to know what you think so go to my website this hour. i'll be very interested. can't predict how the cnn audience will come down on this. should enhanced unemployment benefits be reduced to incentivize people to return to work. a debate erupted at rutgers law school after a white student quoted a legal case that included the "n" word and should quoting derogatory slurs be banned in an academic setting? a capsule a day visibly fades the dark spots away. new neutrogena® rapid tone repair 20 percent pure vitamin c. a serum so powerful dark spots don't stand a chance. see what i mean? neutrogena® [ crowd cheering ] [ engine revving ] [ race light countdown ] ♪

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online legal database for lawyers. you'd find more than 10,000 court cases. but could those records become sanitized? at a time of heightened sensitivity to issues of race and offensive words, many schools across the country have been confronting the fall-out often pursues after a professor or student directly quotes a slur in a legal case. a law professor was reinstated to his former position after placed on administrative leave for using slurs last year. one apologized after reading the "n" word aloud in class while quoting a case. it comes from cutrutgers law scl in new jersey.

the professor turned to a 1993 supreme court case and discussing how a criminal defendant could be held liable for crimes committed by his coconspirators. the state's supreme court justice, in his opinion on the case, quoted the defendant who used a racial slur. here is what the rutgers student then repeated. quote. in april, a group of black first-year students at rutgers law began circulating a petition calling for the creation of a policy on racial slurs which said, quote. they also called for formal public apologies from the student and the professor. the prefer said she didn't hear

the word and would have corrected the student if she had. professors told "the new york times" the student is, quote, distraught and enlisted the help of a free speech lawyer. a debate amongst rutgers faculty ensued should racial epithets be barred in school. thousands of cases contain slurs as judges and lawyers often write them out or quote the word themselves usually in reference to the record or the precedent. some argue the word shouldn't appear in the court case to begin with. uc davis law review policy saying it adds nothing to the discussion and has no place in academia or the legal profession. i'm joined but two rutgers law professors who signed. unique about this case it's a state law school, right?

rutgers university is a state cool and we are debating whether a state supreme court opinion can be quoted by a student or a professor. your thoughts? >> well, look. i think we need to take a step back to see the absurdity of the situation. this is a situation in which a defendant, a black man, used the "n" word in a nonderogatory way. nobody objects to that. what they object to is the fact that a white supreme court justice or a white student repeats the nonderogatory use. what is really absurd about this case is that the students are saying in the petition that you can't use this word irrespective of context. but they use the word in their petition which they have circulated all over the country. nobody is objecting to that. no one is saying they have done anything wrong, but if a white student is reading that petition and reads the words that these students have used, that becomes a racist act. i'm sorry. that is absurd, michael. >> professor scales, is the word

necessary in both the supreme court opinion, which i've read, or in the use in an academic setting? a case like this, it's a criminal case, does it somehow add value? does it somehow add meaning that would be missing if it were sanitized? >> i think in many cases, it does. in this particular case, it does lend substance -- it adds texture to understanding what the defendant was saying and this leads to the technical issues in that case. in a law class it may or may not matter. i have some cases the word appears in the opinion and the conversation is perfectly adequate without delving into the specifics. in others, the exact language used can be quite critical in understanding the harm that is inflected or whether there is an offense, and without that, i think that we are not serving our students properly if we insist on a sanitized edited

presentation of reality. >> professor scales, could you see a scenario where there is pressure now brought to bear on courts to make sure that opinions that are written don't spell out this slur or some other slur? >> i think that certainly in my lifetime, this decision was 30 years ago almost, i certainly believe that judges are probably more reticent to use the exact language, unless it is essential to understanding the case. i think judgment is always a good idea. but, yes, i think and an unfortunate by-product on this is increased reliance on youthism and intdirection. cases some someone referred to the "n" word and misinterpreted about the word we are talking about, but, no, the actual statement was, quote, "n" word. and we lose the ability to

follow the thread if we insist on layers upon layers of inintrex -- indirection. >> i have not seen the student identified in any of the media coverage of this case but it occurs to me that this would, nevertheless, follow her around in the social media world in which we live. it could be problematic for her down the road when she is seeking employment. >> absolutely. one of the disturbing aspect of the situation i've spoken to a number of students who are upcelt about this situation but afraid to speak out about it because they are afraid of being labeled racist. the statement of solidarity a number of the faculty members signed we had colleagues calling people off and saying they should take their name off of that statement or they will be accused of being racist and this makes no sense to me whatsoever. we are talking about the quotation of a word and it seems to me -- and the -- again, nobody is objecting to the fact that some people can, quote this

word. we have all sorts of nonderogatory uses which are accepted in this society. by the students who signed this petition. we have all sorts of situations in which quotation and mention occur supported by these students. but what it seems to me, michael, to be coming down to is that it's not what is being said but who is saying it. we are developing rules and policies about who can say what word or who can express ideas. it's not just a question of words, it's who can express ideas. if we get into the situation where we have rules about who can express words and who can express ideas, some people can't and some can, i think, a, that is a serious problem for economic freedom and rutgers is a state institution and i think it's a problem for the first amendment. there are issues here. what is really painful in all of this is no one is defending the use of the "n" word as an

insult. no one is -- certainly i'm not denying the problem of systemic racism in our society. you know, i'm actually proud of rutgers law school because it's been a leader in progressive thinking on these issues forever. and i want students to be involved. i want students to be excited about these issues because that is part of what rutgers is. but i believe that this debate is trivializing those issues and i think we have got to -- you know, we have got to take a step back and look what is going on here. what is going on here is the development of a rule that only certain people are allowed to use certain words or express certain ideas and i think that is emimical to education. >> if you were stating state v bridges to law students next semester how would you handle the fact pattern when you got to this part of the case? how would you treat the word choice? >> i would use the unexterogated term. it's in the first paragraph of

the opinion the court attached to significance to 1993, the dark ages, i'm just it weighs the importance of using precise language in a legal opinion. >> thank you both so much for being here. it's a fascinating issue and not a one-off. not a one-off. i mean, 10,000 by westlaw, 10,000 cases, you're going to see something like this. let us see what you're saying on my twitter and facebook pages. this comes from youtube. we have expanded! i would add my two cents which is to say that i think that if in this particular opinion, the word didn't appear, it would have watered down the fact pattern as to what transpired. i won't bore you with all of the details but there is a guy and he at a party and there is static between some of the guests and he is pissed off and he leaves the party and he serves notice and says i'm coming back and i'm coming back

with my -- fill in the blank. he does come back and he comes back and now weapons are involved and somebody is killed and somebody else is shot. i think to fully appreciate the context of what transpired in that incident, you'd have to see the word. it was not a gratuitous usage is the real point and i think gary's point as well. it's not like people are throwing this around for no particular purpose but this is a tough call. i want to remind you go to my website smerconish.com and answer my survey question which the following. up ahead, in recent years, several american cities have installed progressive district attorneys. such as philadelphia's larry crasner and kim box and one in san francisco. can criminal justice reform survive a national spike in gun violence and murders? this week, facebook's

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how do you get elected prosecutor? boy, things have changed. look at philadelphia. lynn abraham emblemic of old school district attorney. prosecutor from 1991 to 2010 the for the first time, naturally elected d.a. and often known for seeking death sentences for convicted murder and she was nicknamed a tough cookie and she featured if her aversing. >> advertising.

lynne abraham passed 80 new laws and longer sentences for violent criminals and reform the juvenile justice system. >> that used to be the way that one got elected prosecutor by promising to lock um the bad guys and throw away the key. being labeled tough on crime was a badge of honor. by 2017, less than a decade after lynne abraham lost office and things changed here and across the country. philadelphia elected larry crazner defeated his opponent in the general election 3-1. one of his top donors was george soros the congressional political political contributor and he took up the mantle in d.a. races and his financial support helped progressives claim seemingly unlikely

victories. the billionaire donor put upwards $3 million toward seven district attorney campaigns in florida, new mexico, texas to name a few. why the focus on d.a. races? polarization continues to grip our federal legislature, progressives like soros saw opportunity. when congress fails to pass sweeping legislation that reforms the system on a national level local d.a. face police defunding and drug criminalization and coalition for justice reform such as the texas just and public safety pact and aclu have turned to local d.a. races to forward their agendas. in philadelphia we are about to witness the first big test of whether the public will continue to support progressive prosecutors. four years after krazner claimed victory he is facing a challenge from one of the old guard

prosecutors he fired during his first team in office and his name is carlos vegas. he harkened back to campaigns gone by as he accuses krazner soft on crime. the question is whether this still has teeth in today's climate. krazner's am pbitions are calle into question. last summer many local leaders have come under scrutiny for deescalating unrest. buddin is threatened with a recall and facing calls to resign. one incident in the spotlight stems from a january case where critics said, two women killed in a hit and run might still be alive had buddin taken the suspect off the streets when he had the chance to file criminal charges for prior alleged crimes. los angeles d.a. facing an organized recall aevert. he ran on a campaign of sweeping

reform and already implemented many changes but critics think he has gone too far and accusing him of prioritizing criminals over victims. and the baltimore state's attorney getting push-back from neighborhood leaders saying a halt to drug and hoss institution charges allowed a green light for more crime. many on the right have begun to equate democratic leadership eager to have tolerance for violence in our nation's cities. in philadelphia a rise in crime is borne out in the data. the year before krazner took office here is a look at the murder and homicide in philadelphia this year on pace to set a new record despite the right attempts to make soaring gun violence political the u.s. nationally has seen a rise in crime. homicide increased by more than 30% last year amid the pandemic and that crime surge has continued into the first quarter of this year.

nevertheless those groups who have long worked toward criminal justice reform are worried that if vocal advocates lose their elections it would weaken political resolve for an issue long has had some bipartisan appeal. krazner recognizes if he loses it could have a serious blow on the criminal reform movement on a national level. joining me now, is charles ramsey, he is a former commissioner of the philadelphia police department. chief, thank you for being here. i know you're paying close attention. help me unravel for a national audience what is going on in philly and across the country on this issue? >> philly, in particular, as you mentioned in your opening remarks, i mean, the gun crime, in particular, is at a level that is going to set records by the end of the year. homicides up 34% already this year and they are on pace to

have the highest total in philadelphia's history. all gun-related crime. and, at the same time, police have recovered more firearms this year than in years past. they are on pace to set a record in terms of firearms recovery. so, you know, violence is taking place not just in philadelphia but across the country. i do think some of it rests at the feet of some of these progressive prosecutors that just refuse to actually charge individuals or don't request high bonds for your more violent offenders, plea deals, some of these more serious indicates and so forth. it's not entirely their fault but i do think that that adds to it and some of these criminals have become emboldened as a result. >> one of your predecessor complaining to me 5,000 former defenders were committing crime and the key was as he complained

to me was keeping them off the street. >> john was absolutely right. i mean, listen. those are 5,000 people that need to be in jail. one of the first things to come to grips with is they act as if, you know, no one should be incarcerated and no one should be locked up and that is not true. that doesn't mean there shouldn't be alternatives to incarceration. certainly there should be and should be rope bust systems in place that can handle the volume. the bottom line is people who are out there doing the shootings and committing 9 homicide and rape, robbery, so forth, they need to be arrested. and they need to be -- serve some significant jail time, period. and i think we have kind of getting away from that. we are looking at numbers in terms of how many people are incarcerated. when the reality is do you have the right people? do you have the violent people? do you have the ones causing harm in the community? are they the ones in custody? if the answer to that is yes, then leave them there for however long that sentence

happens to be. at the same time, put in place some things to rehabilitate that individual while they are incarcerated so once they do get out, they can fit back into society and not resort back to criminal behavior. reform needs to take place throughout the entire criminal justice system. one group, whether it's prosecutors or police or whatever by themselves cannot really do it. you have to look at the entire system and put in place reforms that really work. >> chief, well said. it will be very interesting to see in about ten days the outcome of this election because maybe it's a harbinger of what is about to happen in this country. let's look at your tweets. quote. you know, steve, i think there is truth in what you say. i just watched. i'm as caught as i can be.

a pbs documentary out there about this philly experiment and very biased meaning favorable toward krasner. having said that it makes the point of people are caught up in the system. and the pennsylvania, you know, ranks up there with georgia. somewhere, you know, in between, probably lies the way this all ought to be handled. i embralsce the way ramsey said it. facebook upheld the ban for donald trump for six additional months. what could this edition mean for the rest of us? you know? problematic posts of people who are not president of the united states. answer this week's fquestion at my website. (vo) conventional thinking doesn't disrupt the status quo.

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the decision this week by

facebook's independent oversight board to continue the platform blocking of former president donald trump has far reaching implications for the power of social media companies. who will such bans pertain to and how can the board monitor and rule on facebook's 3 billion users more than one-third of the world's inhabitants? the ban originally implemented the day after the january 6th capitol riot when the president posted encouraging words to the rioters. they passed the buck back to facebook while the board uphold facebook's decision it also criticized the indefinite term of the original suspension. it requires facebook to make a final decision about the ban within six months, calling the original penalty ash te ash tra

joining me now, is indicate clonick. she is an assistant professor at st. john's law school and affiliated a fellow of yale's law school information society project. doctor, i really loved the granular detail how it all came to pass. the harvard law professor goes for a bike ride and occurs to him, hey we knee need a supreme court for facebook and he tells cheryl sanburg and the rest is history. your piece talks about how many content to be policed -- yeah. according to facebook as many as 200,000 posts become eligible for appeal every day, you wrote. the board chooses the most representative cases and hears each in a panel of five members, who remain anonymous to the public. how can they possibly keep up with that fire hose? >> yeah. that is a fantastic question and something that everyone, when

they were creating this, was grappling with and very aware of. i think that number has gone up, michael. they have basically expanded the remit of the board and the type of posts that it can consider. so you first have to imagine that they are going to double in size, the board is imagined to be 40 people but that still doesn't seem to be able to address this massive, massive amount of appeals that is coming its way. there are a number of ways they have to categorize and tag and sort these things and they have an administrative staff basically i would think of them like staff attorneys or something like that that are clerks of the court helping them go through 40 to 60 people. they are helping them go through these appeals. but, yes, it is a fire hose is the only way to put it. >> so i'm thinking that, therefore, it lends itself to a whole lot of what about-ism. now you're going to have uneven enforcement. donald trump gets taken down but you know there is going to be some knucklehead out there who does he have any worse than

trump and gets away with. maybe a political motivation and maybe not. you took trump down but you let this person continue? >> yeah. to that, i just say that is exactly what has been happening any way! that that is exactly what happening has been any way. the one thing we haven't had is any type of accountability or transparency to know that is happening. so, at the very least, i think this oversight board provides an ability for us to final have some type of visibility into both sides of facebook and these decisions. those on the outside that we get to observe and then what is happening internally at the company. especially on big case decisions. >> i thought that steven levy at "wired" had a good observation saying facebook was hoping the board would evaluate donald trump. the board ended up, to an extent, evaluating facebook pointing out some of the shortcomings in the way they handled this. >> yeah. steven's point was exactly right

and he so smart on this stuff and spent so much time inside of facebook and i think exactly what happened. to make a wonky or accurate anatura ana analogy. like the d.c. circuit saying -- say the social security agency. tell us what age to start getting benefits for? the d.c. circuit says you're the expert body, you do this, this is your work and we will tell you whether it meets constitutional requirements and reasonableness standards. i think this will be setting up for some rigorous legal analysis. >> i encourage people to read the decision and to also read your great piece because it explains how it all came to pass. dr. klonick, thank you so much. >> thank you so much for having me. speaking of social media. let us check in our tweets and

facebook comments. it would have been perfect if it came from facebook but it came from twitter but that is all right. maybe that happens. by the way, you didn't hear me use the words first amendment. katherine, can you quickly put up gene volic's quote sni never g --? i never got to this. here it is. he said this. he is a bright guy from ucla, eugene volokh. quote. i thought that so summed it up. they can do whatever they want.

they are a private corporation. they stripped speech rights, not first amendment, but speech rights of a former president of the united states. that is a whoa, is this a good precedent moment? i think. still to come, your best and worst tweets and facebook comments. the results. i cannot wait. have you voted? go to my website and tell me. advil dual action fights pain 2 ways. it's the first and only fda approved combination of advil plus acetaminophen. advil targets pain. acetaminophen blocks it. advil dual action. fast pain relief that lasts 8 hours.

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should unhenhanced benefits be reduced to incentivize people to return the work. last week the question was do you agree with james carville. should enhanced unemployment benefits be reduced? wow, the yeses, 53%. that's interesting. two weeks in a row. i'll tell you what i love about it, it reflects independence, i think, in the thinking. any time a survey question comes out 90/10, it bums me out. do we have time for one? pay a respectable wage and people will work. yeah, i get it, if they pay more, they'll come back to work. but you have, then, benefitted from a competition between the private sector and the government. i'm a private businessman, i'm now competing with the government. thank you for watching. happy mother's day.

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