lou: pastor robert jeffress. great to have you here. thanks for joining us. please be with us tomorrow. good night from new york. kennedy: tonight it's trump versus the nfl. are the players exercising their first amendment rights or should the owners listen to the president and fire them all. north korea says the president has declared war on the regime. have you heard about the crazy senate race in alabama? grab a partner, time to dance. the nfl firestorm is burning out of control. >> wouldn't you love to see one of the nfl owners when somebody

disrespected our flag say get that [bleep] off the field. he's fired. kennedy: the nfl owners locked arms with the [bleep]. mostly with a giant middle finger to the president who gave them an excuse to fly the bird. but the forceful actions mean only one thing. escapis escapism is dead. with the world in deep yogurt there is no way to shut out the noise. for many players whose lives could have take and vastly different turn, they persisted and turned their lives into fairytales. they have taken on a new reality. what they say, do and when they

sit, it all matters. with the galvanized display against the president makes me wonder how many of these charmed cinderellas actually know what they want. when you engage in something as divisive as this it feels like a betrayal. i'm 100% for free expression and using your station to make the world better. but instead of having a list of steps. it feels like the league is being held hostage and there is no ransom the league can pay. welcome to the show. i'm kennedy. free speech week may have been canceled in berkeley, but it's alive and well on kennedy.

is the nfl's kneeling situation a free speech issue? joining me now, judge andrew napolitano welcome back. judge napolitano: not an easy one to tackle. we are dealing with private business, private property, public property. states that specifically say if you are in a public accommodation which a stadium is you have the right to express yourself freely. in an nfl war with the president because they wouldn't let him buy a team a few years ago when he desperately wanted one, i think. kennedy: it's one thing for players to express themselves. if you want to exercise your political views and this is the platform you choose to do it. there are ramifications, though. you may turn off some of your most of loyal fans. >> the concept that because you

kneel during the playing of the star spangled banner. but because you kneel you are disrespecting it has been profoundly rejected by the supreme court. the flag itself stand for the freedom to reject it. if you can burn a flag in public with impunity you can certainly kneel down while the flag is honored in public. the flag represents the fact that there is no political docky in this country that can be compelled by government or public opinion. and people are free to express themselves. this is not a material disruption of the football king. they are silently and politely and refepolitely -- and revereny kneeling down at the sidelines. kennedy: when you talk about free speech and first amendment,

hate speech is protected. it's a speech we must vehemently disagree with. when does the president's assertion into the argument become problematic. the president of the united states making a suggestion as a private citizen or a public declaration. judge napolitano: the president has the same first amendment rights arts as everybody else. -- as everybody else. he just has a big per megaphone. -- a bigger megaphone. the owners are free to accept or reject that. they are obviously not going to fire people. some of them would lose 2/3 or in some cases all of their team. but if the president took official action in his capacity as president, that would be profound violation that insulates the kneeling from any

governmental intrusion. even because it is done on the government's property. the metlife stadium in new jersey where the new york jets and the new york giants play in new jersey, that dirt and that building is owned by the state of new jersey. which has profound protection for the right to express yourself, even more than the first amendment under the federal constitution. kennedy: the fact that it's on public land does that supersede any collective bargaining agreement players have with the league? judge napolitano: no. the collective bargaining agreement is the most of pro labor of the four major collective bargaining agreement. it sets forth the circumstances under which these guys could be disciplined in some way. i assure you if any of them was disciplined for the silent bending of a knee, this is not a

material interference "the game. it would be undone by a court or arbitrator before it came into effect. kennedy: what do you think it would take to get them standing up for the flag? judge napolitano: it might take something from the nfl. there is an nfl regulation that requires the playing of the national anthem at every game and the players to stand while the national anthem is being played. i don't know that the violation of that regulation is sufficient to trigger firing under the collective bargaining agreement. but the nfl because they don't like president trump or they feel this is the easy way out or think they are doing the right thing, is not enforcing that regulation literally on the team. kennedy: they have so many

players who would be so disgruntled, and they would turn their backs on the league for whatever reason. judge napolitano: could you manage bob kraft firing tom brady? he would sooner sell the gillette stadium than fire tom brady. i'm saying that as a frustrated 0-3 new york giants fan. over 200 players participated in the protest over the weekend compared to just 6 the week before. >> this is not about democrats or republicans or free speech. they can do free speech for their own time. this is about respect for the military, the first responders and the country. kennedy: roger goodell respond,

the way we reacted this weekend made me proud. i'm proud of my league. let's bring in the party panel from "the greg gutfeld show," katherine timpf. and author charles cook. welcome one and all. charles, i will start with you. since you are an american by association. >> choice. kennedy: it's the patch in the quilt of humanity that makes this country great. what do you think the players ultimately want here? >> i think that colin kaepernick started this because he had a deep belief there is a

structural problem in the united states. we are seeing more than a string of isolated incidents. we are seeing a trend. whether he's right or wrong, i think he went about it the wrong way. it's not to say i agree for one second with president trump's behavior. but the most of effective way throughout american history to make the case colin kaepernick is making is to embrace the flag and anthem and point out that some have been excluded from it. i think when you do what kaepernick did at the outset and well a fidel castro t-shirt or the famous socks with police cast as pigs. it's better to say i feel exclude and i want in. because people stop rinsing at the point at which you kneel. i agree with everything the

judge said in your segment. and i think that kaepernick is fully within his rights. i don't want to see him fired or punished. i don't want that to happen. but i think it will end up in a stalemate. kennedy: you saying this our cultural north korea. the president as you point out gave life to an issue that was pretty much a minor issue. >> it was six people it was a minor cultural issue rather than a political issue, the idea that there are six people kneeling during the playing of the national anthem. the president at the political rally saying you are my people, i get you. we are not going to see our flag disrespected by those sobs. it tells fans you should boycott

if you don't do this. he wanted there to be 200 people. i'm sure he's disappointed there weren't 500 people. kennedy: so the president obviously knows what he's doing. this is intentional language. he's forcing it to a head. then what? what do we think is going to happen? we are going to magically stands up or stop playing "the national anthem." >> there was a quote from jim acosta an administration official saying we are winning the culture war. we have a bunch of multi million dollar athletes instead of hrc. this is the president of the united states. this is gross. this is a bad person. it's the act of a bad person. to be intentionally divisive knowing more people will engage in the action he claims to want to see less of. kennedy: i love football and i

love this country. i marvel at the people who are able to play football for a long long time. it takes such a toll on your body, and it's an incredible acroback it thing to see people do it well. but there is a line drawn, you are either on our side or their side and it sucks to have that chasm. >> i don't like football. and i'm furious i have had so many opinions about it. they are boycotting and protesting and it, ridiculous. i agree with everyone, it was six dudes until the president said this. he knew this would happen. the people who wants to protest should be able to do that. the people who want to protest he they should have a right to do that. why do we all have to care so much? kennedy: we have big hearts and bigger brains and a deep love

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kennedy: we are just one day away from a huge gop runoff for a senate seat in alabama. but say who cares, i don't live in alabama it's one of the most of unusual races you will ever see. and it could have implications for the future of the republican party. senator later strange has been in office since february. he has the backing of many establishment republicans including senate majority leader mitch mcconnell. but strange also has the back of our president who won the white house on an anti-establishment platform. but it gets even juicierer. on the other side you have roy moore, the outsider who has the support of the breitbart crowd.

including steve bannon. the same people who helped put trump in office. president trump supports one guy and steve bannon supports the other. if trump's guy loses an hiss say it could change the dynamic of the republican party. harlan hill, and ned ryun. gentlemen, glasses on your nays, welcome to both of you. harlan, i will start with you. loyalty is obviously important to the president. though roy moore seems more like a trumpian candidate. why did he throw his support behind luther strange? >> friday president trump was in alabama and he articulated that the reason he supported luther strange. at a time of need when he was

trying to push obamacare repeal through, luther strange stood up and voted in line with the president. and he's a big believer in loyalty. he's proving that we don't have to agree on every issue. but as long as you have my back, i'm going to have your back, even if you are an underdog like to luther strange is in this race. kennedy: a lot of people are saying the president picked the wrong guy. a lot of his supporters see roy moore as the anti-establishment twawter. did the president screw up? >> we are not going see perfection this sides of eternity. but he's a very loyal guy. but people on the grounds are looking at this with a corrupt former governor, and i would argue an equally corrupt d.c.

senator. and they are looking at it as a referendum on mitch mcconnell who failed to push through any policy on the america first agenda. this inability has been intentional and i have to disagree with the president on this. luther strange is mitch mcconnell's guy. he's kinds of a kept man. you don't put $9 million into somebody who is a complete stranger. this will have a stunning effect. incumbents will realized if the senate majority leader can go toal bama and not protect you, everything is on the table in 2018. kennedy: so luther strange is the jon ossoff of maine. >> the president is going to double down. he will continue to endorse

candidates like luther strange. probably more of them will be more in line with core principles like roy moore. but the president isn't going to wither away and be a wallflower. people are prognosticating the president will withdraw himself. >> i think roy moore will win by 5-6 points. it will set the tone. you either set the tone for the president's agenda. kennedy: a spokesman for kim jong-un says strikes against the u.s. are inevitable. ♪

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kennedy: the prospect for peace on the korean peninsula is growing bleaker by the minute. a spokesperson for kim jong-un is accusing the administration of declaring war. the north korean foreign minister said the rogue regime has the right to shoot down u.s. bombers even when they aren't flying in korean air space.

the pentagon said it will give the president with options to deal with north korea. and it's starting to look less and less like those options are peaceful. let me ask former cia officer buck sexton. buck, welcome back. so we have been seeing war gaming about how things might go down on the korean peninsula. it tends to start with north korea lobbing a missile toward guam. then the focus of a u.s. carrier group in that little ocean there. >> i'm hoping it doesn't come to that. kennedy: is there any way it doesn't come to that? >> there are a bunch of ways it may not come to that. the rhetoric from both sides is the most of heated i can in my

lifetime. this is a war that never technically ended. kennedy: you have two leaders telling yo mama jokes. there is an argument to be made. everybody knows seoul is within artillery distance of north korea. there is no way -- kennedy: the estimates are 20,000 people would die. >> that's a low estimate. when you are dealing with a cultive personality like the kim regime there will be is a case to be made that propaganda has to be met with propaganda from the other side. the promise of reunification of the korean peninsula through

force and the massive force that undergirds this. by mocking kim jong-un though it may not make its way into north korea proper. by standing up to the regime, i think there is the possibility you may take a little bit of the kim magic, if you will, away. i think that's possible. i know that's not proven. kennedy: the president's detractors say it's dangerous for the president to be so incendiary with a dictator who is so unstable. >> when you have a regime like north korea saying they are going to turn seoul into a sea of fire it's hard to think you are going to make things worse with tough rhetoric. the china piece of this is the post important that china is

cutting off north korea from bangs. and limiting but not embargoing oil. there is ways north korea which has substantial coal reserves could engage in liquefaction to create some ability to make up for the shortfall in oil. we are trying to constrict a regime that has been living in a subsistence economic environment for a long time. kennedy: are we all going to die? >> i think things will quietly quiet down over time. kennedy: i love your optimistic prediction. kim jong-un won't be getting an invite to the white house anytime soon. the president signed off on an updated travel ban that takes effect october 18. it adds north korea, chad and

venezuela to the order. only many chad is considered a muslim majority country. but the aclu says it still considers it to be a muslim ban. so matt, you say it's a bad idea to shut the door on people from come from bad places because they deserve to have a bit of a respite in these united states. >> it could be a bad idea with iran in particular. we have had since all the immigration of refugees and opponents of the mullahs create a city in exile in los angeles. kennedy: i have many persian friend who were the benefactors

of that program. it's little persia. so that has been beneficial in hastening the ultimate demise of the regime. they are broadcasting pop culture and news. i would hate for this updated travel ban to needlessly choke that off. however, there is one thing about it. this is the first iteration that seems to pay attention to the consular process. kennedy: that's why sudan was taken off the list. there is more quid pro quo with their government and they are working with our government more closely with this vetting process. do you still see it as a muslim ban? >> they added restrictions in north korea so it's getting harder and harder to call it a muslim ban. i think it's security theater. i don't think it's about keeping

us safer. i think it's the president fulfilling his campaign promise to say i'll be tough and terror and tough on the borders. kennedy: does it make us safer or is it a false sense of security that allows intelligence services. >> i think they are getting bert. the way the fir one was rolled out was appalling and seemed to be done vengefully. this is better than the one that went before. i believe that a lot of the motivation is to fulfill a campaign promise. you want some sort of heightened vetting from some parts of the world. that's common sense. it's not a muslim ban to note that a lot of people who cause trouble are located in one place. kennedy: time will tell. that ban goes into effect

october 18. matt and kat. berkeley's overhyped free speech week lasted about an hour. robby soave was there in the flesh. we'll kick off the real free speech week that is only here on kennedy. i've always wanted to create those experiences for others. with my advisor's help along the way, it's finally my turn to be the host. when you have the right financial advisor, life can be brilliant. ameriprise

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kennedy: no one is going to cancel our free speech week here on kennedy. i'll be celebrating the sacred civil whribber i all week. berkeley was supposed to have a free speech week of its own. big names bike steve bannon and ann coulter were slated to grates campus. but the wheels started falling off the wagon. some of the speakers said they had no plans to attend in the first place. milo tried to place the blame on berkeley. here is milo yesterday. >> this is what you see berkeley is left with it was very important that we made ourselves present despite the machinations of the university to subvert and shatter their aspirations. kennedy: berkeley says they missed multiple deadlines to

make sure the event would take place. administration paid $800,000 for security for milo to briefly speak yesterday. joining me, reason.com associate editor robby soave. he was on campus yesterday. what happened? how did this all fall apart? >> well, i think everyone is to blame, frankly. i agree with you from look at emails between organizers and the administration it seems like the organizers screwed up. they didn't even extend invitation to the people they claimed were speaking. however, the administration isn't totally in the right from what i saw yesterday. they set up so. police barricades. there were so many cops there. you could only get to the area where milo was speaking if you

went through a metal detector. someone with an america flag was told he couldn't come through because it could be used as a weapon. too. freedom is dangerous. so this was -- they -- m pirks lo didn't take advantage of the opportunity. he only spoke for 30 seconds before fleeing. there were more people -- kennedy: really? he's got a big mouth and big dreams and huge shoes to fill. >> he did not -- he signed autographs. i saw him sign one fidget spinner. i tried to get you a signed fidget spin were but i couldn't get up to the frojtd of the crowd. kennedy: who pays that $800,000 tab. >> they claim they are paid most of it, before it's mostly on the

university. there were barricades everywhere. imagine this plaza, the birthplace of the free speech movement. thousands of students standing on the steps of it declaring they were going to fight for the right of free expression for every one. canada there is a no trespasser sign in front of it. there were so many police officers no one could get through to do what they fought for 60 years ago to do what they were there to do. kennedy: the world is insane. robby soave, thank god you are there on the front lines. coming up. if you want to escape from politics, we'll head to australia where a train passenger has found something to stands for or cling to. we'll tell you by the in the tropical storm next.

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kennedy: patriots quarterback tom brady said he found donald trump's comments about the national anthem protests to be divisive. his comments left the president feel deeg glad it. but not as much as the footballs.

this is the "topical storm." topic number of one. we begin in perth, australia. where a 23-year-old man was too late to catch a train from the inside, but not the outside. watch this. they say, oh, god. there is a fine line between bravery and stupidity. that is my impression of an australian clinging to a train. it needs work. the internet was shocked by this video but it looks safer than riding on the inside of a subway. this morning i almost got drop kicked by a mariachi.

do you like trix breakfast cereal? i'm talking to the kids watching. if you are an adult who likes trix, chances are you are not allowed anywhere near kids. general mills announced trix will be bringing back artificial colors and flavors after customers connecticut complained about the artificial recipe that contained radishes and carrots. regard lefs how you have feel. you have got to give general mills credit for make such a bold decision without talking to jimmy kimmel first.

topic three. walmart is testing a new service to deliver groceries directly into your fridge even if you are not at home. and you can buy new jewelry when your stuff goes missing. you know, there he is. i'm going to a waltz inside your home. this defeats the point of shopping at walmart. sure, we all like a good discounts but not after as much as watching a guy in daisy dukes feeding chex mix to his pet owl. the company says the service is in the development at stage. but we obtained footage of their test one. i'm nigel, i'm dropping off groceries.

let me call you back, mike. and he perished shortly after that along with matt damon. topic number four. here is the story about an unemployed female entertainer that's going viral. and for once it doesn't involve kathy griffin. she is 103-year-old katherine gillan. she has been playing at an assisted living facility for 40 years. the internet has found out about her work. she likes to sing all her favorites. although when she wants the place to get rowdy, she plays "the national anthem." topic number five.

jorge has don't impossible. he didn't finds someone to sit through his last three movies. no one can do that. but he managed to finds another reason why hillary clinton lost the election. bringing the total to 4,352,000. clooney sat down with the daily beast to discuss hillary's loss and he used plenty of hot sauce saying she failed to elevate her game during the campaign. then he had a lot of liberal friends who said quote she is just not good at this. i don't know why george clooney became clarice starling. poor hillary will faint when she hears all this criticism. and hopefully there is a secret service agent to catch her this time. is there a mysterious pleantd x

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kennedy: good news. doomsday has been rescheduled. conspiracy theorist has pushed

it back to october 15. here to tell us whether we can expect ar armageddon in a few st weeks. astro fist rif 50sas -- astr asl degrasse. these dooms day scenarios are as old as human kind. >> if you do a google search there is a long list it's an embarrassing list of attempts. kennedy: what do they say when the days come and go? >> i was at a cocktail party

back when people wanted the world to end in 2012. the mayan calendar. so he came up to me and said i hear you are an astrophysicist. i explained why it was not going to end, an walked away dejected. he was only excited on the prospect that everything would end. i don't even know what that means? what state of mind is that? you are only happy when you are sad. kennedy: i was trying to figure out why are people delighted about the prospect of the end of the world. you have seen the data. how is it going to end for us? >> human life with a total nuclear exchange. we could invent some new kind of bot that infected us all.

some kind of birks obot that gets in us, d a biobot. and most of pcs that existed on earth are now extinct. kennedy: even the ones who think they will be at the top of the food chain. you have a fascinating show called "star talk." you are embark on season four. >> that's longer than the original "star trek." you spoke to lance armstrong. you have the athlete, you have the bicycle. that's what people see. but the way the sport works. it gets a lot more technical and intricate. you have the team, the team die major, all the elements whether it's wind or weather, road surfaces, crashes, flat tires.

you have all these variables people come into this sport that people don't think about. >> i don't think about it at all. just your bicycle. kennedy: do you like having conversations like this, sort of out of the box conversations with people outside of science. >> it's my fast it kind of conversation to have. if somebody is an expert in something i don't know anything about, that's who i'm talking to that night. so it's not guess what celebrity i met. it's guess what i learned from somebody who knew more than i did. so star talk is about exploring all the science that manifests in the lives and likelihoods of the person with whom i'm having that conversation. you come for the celebrity and stay for the science. >> oftentimes it's the science that fuels the career. >> so you are a fan or not.

lance armstrong there are controversies. i didn't care about the controversies as much as i did about his expertise. of course, we went there. you can't sweep that under the rug. the chemistry of the human body. where do you draw the line between this chemical and that chemical. and so in there i pose the question. we make chemical changes to our body all the time. the very act of going to the gym to lift weights. you create chemical changes to your body to have a physical advantage over the person you are competing against. kennedy: thank you for watching the show. my little physicist. you can follow me on facebook, and twitter @kennedynation.

and email me at kennedyfbn@foxbusiness.com. >> two proud texans with a passion for old west guns, guts, and glory. >> i do see bullet holes. >> two strange inheritances -- one a lone star mystery... >> i'm roy roberson. >> i don't think he wanted anyone to have the combination, because that was his control over the pandora's box. >> ...the other a texas-sized challenge. >> this may be financially one of the dumbest things that i have ever done. >> together, can they make history? >> fire! [ explosion ] [ door creaks ] [ wind howls ] [ thunder rumbles ] [ bird caws ] ♪