thanks for watching. ♪ ♪ >> we are going to have people sue you like you have never been sued before. >> that's me he's talking about. hillary doesn't like people criticizing her either. >> overturn citizens united once and for all. >> the first amendment does not give you the right to commit fraud. >> this prosecutor wants to force people like this guy to shut up. >> what is not fraud is having a controversial or different idea and to colleges have gone nuts. what is an unacceptable micro-aggression. >> saying god bless you after somebody sneezes.

>> that's silly. john: just try to say something controversial. a new movie reveals many people can't take a joke. i say you can say that. that's our show tonight. john: so many protesters are object rulessive and i want to shut them up. but you can't. the only limits are you can't directly incite violence. you can't shout fire in a crowded theater and you can't cheat people by lying about

something. but aside from limits like that, you can say that. the first amendment prohibits government from stopping people from speaking. that's help keep america free. today donald trump and hillary clinton want new limits on speech. especially during elections. they want to ban flag burning. isn't that a form of speech in burning a flag? and talk about censoring the internet to prevent terrorism. >> closing that internet up, somebody will say freedom of speech. these are foolish people. we have a lot of foolish people. john: kmele foster, i guess trump thinks you are foolish. >> both donald trump and hillary

clinton think we have unique risks associated with people like isis and bad if he their was people. john: we do, they have a point. >> but freedom of speech isn't about speech we like. it's about protecting speech at the margins. the speech has to present a clear and present danger before we stop people from saying these things on the internet. john: isis is a clear and present danger. if people are saying come joins. we are going to kren soarp that? >> we see people pass laws to keep us safer and they often get abused by governments. john: the alien and sedition act, what they were saying is don't criticize us. >> the principle was you couldn't say things that were untrue that would make it hard for the country to defend itself. but instead they went after

their political opponents with it. john: trump wants to rewrite libel law. >> when the "new york times" hits a hit piece or "the washington post" writes i hit piece, we can sue them and win money instead of having noce ofy are totally protected. with me, they are not protects because i'm not like other people. he means i am filthy rich and i can sue and intimidate. >> if people can sue the press for writing things they don't like. what trump is talking about is people writing bad things. john: even if they make mistakes and say things that haven't true. if you are a public figure. >> with libel you have to have

intent. when donald trump talks about opening up libel laws. he's opening up a situation where people say things you don't like, you can sue them. but the threat alone should make americans nervous. donald trump hasn't been in record. -- in office so he doesn't have a record. john: one of his miss u.s.a. contestants criticized the pageant and he sued her for $5 million. she said trump's suit demonstrated his bullying tactics. a "new york times" reporter said trump wasn't as rich as he said he was. but it cost the reporter a lot of legal fees.

>> if somebody will do that as a private citizen i shutter to think -- i shudder to think what they will do when they have the justice department behind them. john: at election time money is speech and money gets the word out. when hillary first ran for president, a group spent money to make this film that criticizes her. >> what drives hillary is power. she considers herself to be a special person. john: she didn't like that movie and the movie wasn't allowed to air on tv before the election. after the election the supreme court said the government was wrong. banning the movie violated the first amendment. and that was called the citizens united decision and the left is furious about it. >> we'll overturn citizens united once and for all.

>> what citizens united says is when people get together in corporations or unions, that they don't surrender their rights. they still have the same right to speech. and we are talking about spending money and getting involved in politics. john: hillary has another example where she is anti-free speech. years ago she tried to get legislation passes that would ban selling violent video games to people underage 18. >> she has gone after films, video games and rap music. maybe there is a danger involved if some of these things. while hillary clinton has been advocating for various forms of censorship, she has also been consistently rebi red rebuffed e supreme court.

>> so she get to nominate her junes which could happen. the newest threat to free speech is harassment law. up against harassment. it's mean. but who gets to decide what's illegal harassment and what's a didn't opinion or tradition. this revolutionary war flag that says "don't tread on me" is used by the tea party. a postal worker says the flag is racist baits was designed by a slave owner. >> that's not a place where the government should be taking any action. john: as a black man with a flag designed by the slave owner or the confederate flag, isn't that a hostile workplace?

>> whether it's a hostile workplace, you have a choice to go work elsewhere or appeal to your employers. but whether that means we need new laws to limit speech is an entirely different matter. john: thank you, kmele. the website that broke the story about the flag. it's written by ucla law professor john volokh. what's wrong with the government saying we want racial harmony? >> the government under the first amendment doesn't get to decide which viewpoints it can suppress. it used to be the government was saying we want to ban confederate flags. that, too, is unconstitutional.

so there is a decision that says display of the confederate flag does create or may create a racially hostile environment. i think that violates the first amendment. if a private employer want to use it. it could be a diewcts of hazard bar. a lot of these claims, especially in private workplaces are quickly settled out because he ploirs would rather suppress free speech rather than fight it out to protect first amendment right. john: it could cost hundreds of millions of dollars to fight it. >> that's one of the dangers. going after the intermediary and the employer.

it create an extra level of chilling effect. the defendants have all the incentive to shut up private speech on their property and very little incentive to protect it. john: new york city and washington, d.c. passed rules for us to call someone de. >> i think there is something wrong with the government redefining language. the government telling us we have to say new words. they are endorsing a particular viewpoint that this person is neither man nor woman. or is some unusual mix of the two. and a lot of people don't want to endorse that viewpoint. just like people are entitle not to display live free or die on their license plates, they should be entitles not to have

to say an ideological viewpoint they don't agree with. imagine somebody says i belong to this religion, we should be called the only true saints. so please call me the on true saint. or your lordship. if you think of yourself that way, that's perfectly fine. but if you are trying to compel me to endorse your view of your highness, that's something i shouldn't be forced to be doing. john: these rules just apply to people who work for the government? >> no, they apply to all private employers and owners of public accommodation. if you go into a restaurant and refer to the waiter as he or she and the waiter prefers to be

called ze, then the restaurant has to tell you, stop saying that. stop talking about my employee this way or we'll kick you out. john: campus intolerance. some speakers caused students to throw fits. okay. but next, ambitious politicians want to ban speech they disagree with. >> the first amendment, ladies >> the first amendment, ladies and gentlemen does not give you i'm anne. i'm a scientist.

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john: the guy in the green shirt is alex epstein. he goes to environmental rallies and holds up a sign that says what his t-shirt says, "i love fossil fuel. the protesters get angry and try to rip the sign out of his hands. >> it's fine if protesters call

him a tool of big oil and curse him. they have gotten government prosecutors to order him to shut up. >> fossil fuel companies must be held accountable. the massachusetts and general. she claims that oil companies lied about climate change. they demanded that all documentation relating to their research efforts be turned over. alex he sign's group was named. congratulations. you are getting named in a subpoena. >> i wish i could laugh about it, but it's really bad. they are attacking companies and organizations associated with

companies for expressing ideas they disagree with about the magnitude of co2s impact on climate. >> you have a group that says, "i love fossil fuels." you think they do more good than harm. >> for exxon, for co2. so for having that opinion, and for exxon having that opinion, the government has come down on exxon and said, you should not say this. and in fact we are going to prosecute you and go into your emails, including your emails with my organization. i regard this as an unscufflized barbaric act. -- an uncivilized act. and i expressed myself in a way i never do. i said [bleep] fastist.

-- fascist. john: you got some good responses, but. >> the said you exploit the earth to benefit a few wealthy dudes. >> i accept that if they are better off than they would otherwise be. john: they say free speech doesn't give you the right to commit fraud ex-on said, this gasoline we say is unleaded? if it turns out it has lead, that's fraud. that's qun cretely misrepresenting the nature of your product. what is not fraud is having a controversial or different idea about your product. exxon never said our product

doesn't contain carbon. john: they say oil companies were building infrastructure to sustain rising sea levels. when they were saying we don't know global warming will be a big problem. >> that is not a crime to have contradictory ideas. >> we are covering our rear. it doesn't cost much to build it higher. we don't think it will be a problem. >> it's consistent with mild and manageable. john: eric schneiderman is always eager to get his face on tv by attacking business. >> the first amendment, ladies and gentlemen, does not give you the right to commit fraud. exxon he says is lying to its investors. if the world were to burn a portion of the oil the industry

declares in its books, the planet would be destroyed. therefore it's overstating their assets. there may be massive securities fraud here. >> this is a bizarre idea by your insane and immoral attorney general about the future of co2 emissions and energy. the point is he's free to have that idea and exxon is free to have their ideas and i'm free to have my ideas and we should win or lose in the court of public opinion. john: what's the result of this? >> mostly positive is a lot ofpo attack the government with it many being uncivilized. i think often the people on the pro freedom side react in an academic way. but it's important to supplement that by saying you are a thug and i'm not going to go to cocktail parties with you and try to charm you. john: the difference between a

civilized and you uncivilized society has to do with the freedom to exchange ideas openly. john: if you have ideas one party's prosecutors disagree with they will try to shut you up. and they have all the taxpayers' money to do it with. >> i'm grateful for this show because it's one of the places that stands up for people with controversial ideas. john: we try. next, a teenager who wrote this. this attitude that adults need to be protected from bad ideas is deeply disturbing. free speech is an indispensable element of our liberty. that 17-year-old is the stossel in the classroom essay winner. he joins us next.

that's wonderful. thank you very much. oh boy. thank you.

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john: ideas like free speech are complex. that's why they often end up before the supreme court. i wouldn't expect high school aged kids to understand this but some do. the idea is america's founders had, ideas that gave us limited government and prosperity. this year we ran an essay contest offering cash prizes for the importance of free speech it was hard to pick the best, but our judges picked the essay written by this young man, a home schooled 17-year-old from washington. he looked around his world and

noticed the popularity of movies like county hunger games." he says in these movies one thing remains constant. what remains constant is absence of free speech. we seem to know instinctive live if any society is going to become totalitarian, free speech has to go. it should be profoundly unsettling that every day free speech protections in america grow weaker. congress passed the first sedition act allowing government to ban statements. then it banned scurrilous or abusive language. it was resumed constitutional but repealed a year later. after more than 1,000 americans had been prosecuted.

it wasn't until the 1960s that our modern free speech rules were established. speech is free until it incites imminent lawless actions. former speaker of the house newt gingrich advocated limiting free speech to fight terrorism including restricting access to the internet. >> we'll need help from facebook, youtube and twitter. they cannot permit the recruitment or attacks or celebration of violence. they are going to have to help us take down these announcements and these appeals particularly as quick as they get. you will hear all the urn complaints, freedom of speech, et cetera. john: freedom of speech

et cetera, like it's an unimportant annoying thing. but this 17-year-old wrote, why should government decide which ideas are good or bad. activists today call for restriction of hate speech against same-sex couples. they forget this is the same government that used to run anti-gay psas. like this one. >> the symptoms are not visible like smallpox, a sickness of the minds. ralph was a homosexual. one never knows what the homosexual is about. he may appear normal. and it may be too late when you discover he's mentally ill. john: during the cold war the american right stifled political opposition.

today the left has emerged as speech totalitarians. silencing dissent and destroying careers over jokes. the oppressed of yesterday have become the oppressors of today. free speech is an indispensable element of our liberty no matter how wrong we think someone is he should be free to speak as he choose. colin, around home schooled student. i'm noticing a high percentage of kids who win this contest are home schooled. did your mother write this for you? >> no, i had to write this on my own. >> yes. john: do your friends think about free speech? >> i have some friends who are concerned about politics and free speech. but i have a lot of friends who don't think about it.

john: second prize goes to alex diamond. you get $1,000. she is as public school student. if you know a student who wants if you know a student who wants to enter the next essay contest. impressive linda. it seems age isn't slowing you down.

but your immune system weakens as you get older increasing the risk for me, the shingles virus. i've been lurking inside you since you had chickenpox. i could surface anytime as a painful, blistering rash. one in three people get me in their lifetime, linda. will it be you? and that's why linda got me zostavax, a single shot vaccine. i'm working to boost linda's immune system to help protect her against you, shingles. zostavax is a vaccine used to prevent shingles in adults fifty years of age and older. zostavax does not protect everyone and cannot be used to treat shingles or the nerve pain that may follow it. you should not get zostavax if you are allergic to gelatin or neomycin, have a weakened immune system or take high doses of steroids are pregnant or plan to become pregnant. the most common side effects include redness, pain, itching, swelling, hard lump warmth or bruising at the injection site and headache. it's important to talk to your doctor about what situations you may need to avoid since zostavax contains a weakened chickenpox virus.

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a, arm weakness. s, speech difficulty. t, time to call 911. protect the ones you love. spot a stroke, f.a.s.t. correction dude, you broke. i just threw the ball. this is really bad. what are we going to do? dude, kiss your life goodbye. let's go. ♪oh. keep smiling, keep shining♪ ♪knowing you can always count on me, for sure♪ hi ♪knowing you can always count on me, for sure♪ tell him it was an accident and we can fix the window. ♪knowing you can always count on me, for sure♪ i'll come with you. ♪woah, that's what friends are for♪ .ugp oloelcrlo

hey, heart, what's this? that's my resignation letter. you're resigning...why? because you're constantly ignoring me, you're half as active as you used to be and you eat stuff like this! you've been putting me under a lot of pressure, lately. that's why i'm ready to quit! i forgot! i'll do better. please don't quit on me! ok, but remember, it's not what you say, it's what you do. [narrator] listen to your heart. don't let it quit on you. let's go for a walk! [narrator] uncontrolled high blood pressure could lead to a stroke, heart attack or death. get yours to a healthy range before it's too late.

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you don't want to miss the man himself, lou dobbs, right here on fox business. ♪ ♪ lou: gad evening -- good evening, everybody, i'm lou dobbs. fox news has just released the first major poll to be taken since monday's debate. all of the polling, the entire survey, after the debate that evening, and clinton adding only slightly to her lead over trump in the fox survey. in the poll of likely voters, clinton ahead of trump now by three points, 43-40% in the four-way matchup. that advantage is within the poll's margin of error. and two weeks ago clinton was up by one point. we'll have more findings from the important fox news poll here in moments. we'll be going through that with our, our guests who are ex