>> costco, accelerating numbers. another 16%. >> and large chunks of meat, that'ssexy. [laughter] >> and david asman on fox. >> rioters at uc berkeley forcing milo yanoupoulus to cancel. elizabeth mcdonald. sabrina schaeffer, uc berkeley gets about 55% of research grants from the government research grants. should that be in play here.

>> there's been coercion, and supposedly helping women in sports, has gone to controlling various parts of the university. why shouldn't universities be bastions of the first amendment instead of caving all the time. let's have coercion in the right direction instead of social engineers. >> bruce, it's more than free speech. there was only one arrest when the rioters were doing damage to the college. authorities seemed to let the protesters do what they want, including, by the way, i think we can show there's one video of a woman who was being interviewed and she got pepper sprayed right there. and she had a red hat on. it wasn't a pro trump hat, by the way, but doesn't something have to be done if local authorities aren't going to do it? >> yeah, well, listen, some of the stuff is definitely over the top, but donald's response appears as though he's against democracy, this week, when he's saying, i mean, these people, if they want to protest

peacefully, that's fine, that's our democratic position, but his response is we're going to strip federal funding, it looks like he's against democracy when he's attacking our democratic allies in alleys in mexico and australia and cuddling up to putin. >> democracies are for freedom of speech and don't let them get away with this. there was a protest on nyu, a speaker was not allowed. he tried to give a speech and he had to leave in the middle because of what happened there. >> what we saw at berkeley, not the rioting, but teachers against students and expressing viewpoints in high school, students pro trump were getting bashed by teachers in high school. this is widespread. and really, education is supposed to be about hearing different opinions. this guy was invited to berkley by the school. and the school did nothing to combat this protest. so, this was--

this is atrocious and i'm glad to see finally somebody, like president trump, sticking up for free speech. >> e-mack, a lot of our tax money goes into just the public universities alone, get $37 billion. shouldn't taxpayers have some say in how that money is spent. >> julie: . >> i hear what you're saying, i don't think that donald trump should be in picking and choosing which universities get money. it's an important point and mike brought it up. berkeley is saying, we're about free speech, our founding principles about the full spectrum of opinion. what happened here was 150 anarchists from the outside in blood hoods and masks committed violence and i think students may have participated and teachers, too, berkeley says we're about free speech.

>> what gets me is the hypocrisy, it's okay when president obama can pull money when schools don't have transgender bathrooms, but when president trump says free speech, somehow that's terrible and evil. >> usually i'm on your side, i'm more with e-mack. first of all, it's misleading who is causing the damage. i think there was a very peaceful protest among students and as they have the right to do, and i think sort of, rather than sort of bullying the colleges, i would do sort of more of a jfk stance, to go to the universities and say i think you guys are grown-ups, we can have important speeches here and if you treat the college students like grown-ups, i've spoken at many college campuses where extremely welcoming, i think we'll see better behavior. bullying and coming down to their level is not necessarily the way they handle it. >> steve, it's the hypocrisy, and i said obama was--

president trump said we should pull money from where the riots are going on and if a lot of people said it was okay for president obama to do that when they didn't do things he liked, but now it's totally different with president trump. >> yeah, i think the principles should be basic. the university should be bastions of the first amendment not restricting speech in any form and in any way. liz is right about berkeley, about 100, 150 agitators trying to disrupt this. and you saw them try to shut speakers down. very clear, respectful peaceful protest fine, but physically stopping the speaker? no way. >> by the way, bruce, were you against president trump threatening to pull funds from schools not doing the right thing on transgender bathrooms according to him? >> i think that had to deal with a law or a legal press department here. >> isn't freedom of speech a

law as well? it's codified in our constitution. >> here is the deal, on this breitbart editor, no one knew who he with a-- >> i beguess you were not againt president obama doing the same thing. >> neither am i, it's the freedom of speech issues. >> and they'll invite them back and cost him more. >> the point is it's a civil rights issue, freedom of speech, is one of our basic rights, is it not? >> according to the constitution, the way i know, it is, david. i think the big issue here, it's not with the speaking fees this guy was going to get and made double and exactly how violent the protest was at this university, it's in general, there's been a putdown of freedom of speech and discourse on-- in colleges on high schools, even grade schools, i've heard about it. and that's so important.

discourse is so important to the education process. >> e-mack, it's happened before. we have been here before and not surprisingly at university of berkeley, back in the '60s and '70s when ronald reagan was governor, university of berkeley. >> one person was shot and killed. i don't think that's the reaction, it's about suppression. i don't know how you stop the rioting. the rioting is wrong, it's not good. there should be peaceful protest, we can support that, that's about the first amendment and free speech. the civilights issue with the trans genders, that's a law, this is something else going on. and by the way we're not preparing our students for the free market and business world when they don't hear the full range and spectrum of opinions which berkeley was trying to do. >> e-mack, i know you're against this i'm pushing back because i'm a taxpayer i didn't realize $37 billion went to public universities, a lot of extra money goes to private universities, sabrina, i think that we have a right to decide some of which what happens to

that money. >> sure. >> maybe trump should decide that if they're not sanctifying our freedom of speech? >> sure, david, but i think one reason that we're seeing so much money going to the public universities is because the government is in the business of the student loans, as we've talked a lot about on this show and i think ultimately the people that would be hurt from pulling federal funds are students receiving those loans. i'm with you, i can't stand when i hear my own kids' classrooms are being politicized, but i think we need to elevate the conversation with the students and force them to say, hey, you have an open mind. >> but, steve, it's our money, don't we have a right to decide how it's spent? >> absolutely, and our money going to support the first amendment. no more speech coats and suppression of speech. place it out there, and let's enforce it. >> eventually steve is going to recover. recovering it well, and we mention it again because he's very careful about the way he

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>> we end up with that gridlock, i would say if you can, mitch, that would be an absolute shame if a man of this quality was caught up in the went. >> president trump saying republicans should use the so-called nuclear option if democrats try to filibuster his pick for the supreme court justice. and you say he should because neil gorsuch would be good for businesses. how so? >> gorsuch believes in the constitution, would rule by the constitution, and would not rule on the bench. and if we'd had somebody like gorsuch on the supreme court, more like him, i don't think

obamacare would have ever passed. >> ooh, bruce, what do you think? >> well, i don't know about that, because justice roberts was the deciding vote. but, sure, he's going to be good for business because his record is he has sided with corporate power over individual rights. the wild card here, i'm sure that this guy is a decent guy. my problem is that, you know, there's a lot of anger in washington over how judge merrick was treated. he didn't even get a hearing, i believe democrats will give him a hearing, but whether he gets 60 votes, who knows. david: we should be clear, sabrina, that gorsuch doesn't necessarily need 60 votes. sam alito became justice without 60 votes and so did clarence thomas. it's only needed if there is a filibuster. go ahead. >> yeah, no, david you're right about that in terms of procedure and i'm very encouraged by gorsuch and think he would be great for economic growth and job creation and one of the reasons we have a huge problem of our administrative state here.

congress writes vague laws and they read between the laws and ends up at the court. we need someone on the court to rein this in and make sure that businesses have certainty so they can plan and thrive and i think that's what we will get with justice gorsuch. david: steve, i misspoke a little. if there is a filibuster, there is the so-called harry reid nuclear option. harry reid's the one who started it back when president obama was in power. that would allow, even if there's a filibuster, the filibuster to be cut with a simple majority. do you think that will happen? that's what trump wants. >> he only wants it if the filibuster is going to succeed. filibusters have been mounted in the past against justices. david: do you think that the democrats will try to organize one? >> they'll organize one to appease their base. they want to preserve the filibuster, the democrats, if you get a justice on the liberal side who is replaced, they don't want a conservative coming on.

they're going to be careful on this. in terms of gorsuch, since he's so good, i think you can peel off eight or nine democrats if necessary, to override a filibuster, but if in the past, up to 25 senators tried to mount a filibuster and it didn't work. i don't think you need to use the so-called nuclear option, but if they do, they will. and the democrats will rue the day they did it. david: e-mack, let's get back to the sort of things that if he does become a supreme court justice he's going to be looking at, there are a number of cases involving companies, some of whom are fighting against regulatory overuse, they would say, whether it's epa or others. others going against, there's kraft food, there's the national association of manufacturers, there's microsoft, some of them going against frivolous lawsuits, a lot of business issues decided. >> a footnote, obama's supreme court picks, kagan and sotomayor had 60 plus votes and

go the easier standard. and here is what gorsuch has been about according to the rulings he's rendered. the people first, not the government first, not bureaucrats first. what happens is under obama, small businesses and people have left to the place spinning act in front of judges because the bureaucrats are changing the rules on them all the time. david: i saw bruce grimacing when you're saying it's in favor of the individual. bruce, can't you be in favor of the individual and in favor of a company? >> well, sure, i'm going to be-- i'll be in favor of one thing, he might be also, if you talk about him in favor of businesses and corporate power, getting back to what sabrina said, he's also not wild about the use of -- he wants things to come from the legislative arena rather than the executive branch and given donald's propensity to put out executive orders and cause flights to be delayed around the world, i think he might rein that in as well. david: mike, the main thing is, there's been too much

legislating from the courts. that is judges and justices deciding from the court something that should be in the hand of voters, right? >> and the hard part about that for business, david, it's just like, imagine a company driving down a highway and the speed limit changes every quarter of a mile. david: a great analogy. >> you don't know what the future is going to lie with an activist bench. this is important for business. david: steve, it's the rule of law, as mike is saying, unless you have clear rules of law and judges and justices that administer clear rules of law, things get crazy. nobody knows what's right. >> that's right and the language is so vague, bureaucrats to decide what it means. to put it into protect, sabrina's point. congress passes over 100 laws a year, and equivalent regulatory agents 3 to 4,000 a year. david: we need change. the cashin' in gang ready at the bottom of the hour. >> more boycotts, and companies

backing president trump and bashing president trump. should innocent workers be punished over politics? and our commander-in-chief tweeting more now that he's in the white house. is that the best way to get his message to the people? see you at 11:30. david: democrats warning that president trump's budget director saying cuts to social security. but as my own family found out, social security is getting cutut

>> you hear it all the time in d.c., scare tactics over potential cuts in social security berths, but did you know that cuts in social security checks are already happening? it's a part of a bipartisan plan to fix medicare payments to doctors during the obama administration. well, my family just found this out the hard way, steve, this just got personal. my folks called me up, they're my lovely folks, and said, look, we've got $500 a month less in our social security checks. and that's not supposed to be cut into. apparently in order to do the doc fix, the government decided it's okay to dock social security checks, it's not right. >> it isn't right. the contract for social security, it's not a welfare program, you're paying into it all your working life to get certain benefits promised when you retire, to cheat people like that, like a company saying we owe you a certain amount for your annuity, your income is too high and so we're

going to keep it. one thing to keep in mind for social security during your lifetime. let's say they take out $3,000 a year to pay for your social security account. that 3000 is taxed by the federal government and state governments so you don't get the money, but pay tax on and when you retire they gratuitously cut the benefit? you go to jail in the private sector, by the way. david: we should mention president obama signed it, but it was bipartisan and republicans, too. >> people pay close attention. it's a great article. pay close attention more may happen. what the doc fix was designed to do and it will do, it ties doctor pay, medicare reimbursements to quality measurements so if they're not paid-- >> there's more than an excuse for these things. bruce makes a good point. i understand that, but even before we're retired, we get the account statements every year, this is how much you get

when you retire, it doesn't say you may lose some of that because the doc fix. >> i have to check the fine print. this is a truth in advertising fraud, sorry to be heavyhanded with that word, but the government goes after companies on these issues and looks like you got rooked there. >> 6 of 1 is million people get social security checks, so it's a small fraction of that number, but, still, it's a promise, it's a promise made by the government. this is your money, you get it back when you retire. >> i don't care if it's just one person, david. i mean, this is a contract signed with the public. it goes for years for government takes money out of social security accounts to make the budget deficit look lower, it's my opinion a scam, why social security must be privatized. david: sabrina, you've got the word. >> it's a forced promise, it's not like you have an opportunity to opt out.

you have to. so a means test or anything to make this solvent has to make well in advance of retirement so people can make alternative plans. david: so much for that lock box. and our informers have a super bowl pick sure to make you a big winner. oh, taking some time off. no, i'm scheduling time to go to the bank to get a mortgage. ugh, you're using a vacation day to go to the bank? i know, right? just go to lendingtree.com. get up to five loan offers to compare side by side for free. wow, that's great. wait, how did you get in my kitchen? oh, i followed a raccoon in through your doggie door. [chittering] [gasps] get a better mortgage on your schedule. not the bank's. lendingtree. when banks compete, you win. just think of him as a big cat. [chittering] with rabies.

>> and we're back with our informer super super bowl picks. >> wall street likes it for cloud business and sweet dividend. >> i think that timing for the super bowl is great with microsoft. they've got the new digital memorabilia and kicked it off with russell wilson of the seahawks. >> twitter? >> more people are going to be

tweeting before for the super bowl, especially for lady gaga. >> i'm not sure if you buy it, only goes down if it gets sold. david: a wonderful super bowl weekend. keep it here. the number one business block continues with eric bolling and cashin' in. eric: companies speaking out before or after our commander-in-chief. and in the wake of president trump's temporary ban from hot spots and tesla's cancelled order because they're on the president's business counciling. and isn't it time to relax so the companies don't get hurt? . this week, mercedes, rachel, richard, welcome, everybody. what do you