continuing coverage of hurricane harvey. we'll see you back here tomorrow night. these days families want to be connected 24/7.

that's why at comcast we're continuing to make our services more reliable than ever. like technology that can update itself. an advanced fiber-network infrustructure. new, more reliable equipment for your home. and a new culture built around customer service. it all adds up to our most reliable network ever. one that keeps you connected to what matters most. >> tucker: you're looking at live pictures of houston, texas where floods have devastated the

city. it's not an overstatement. we'll continue to give you every update as we get them. the following is a real news story. a legislator in california has introduced legislation that if it passes will impose prison time on people that fail to use other people's preferred pronounces. scott wiener's bill would impose up to a year in prison for caregivers that fail to use a gender's specific pronounce. robin, thanks for coming on. does and sound american that you go to jail if you say something someone else doesn't want you to say? don't we have a bill of rights to prevent that? >> absolutely. the first amendment. i want to expose my own ignorance to this issue. i was ignorant until i read the bill and got informed. what i found out in the bill, it

says there was a 2011 survey that is a bit dated. it showed that there were 6,456 respondents and 28% of those suffered harassment from medical providers. 19 -- these are lgbt elders. they had been denied care. so that necessitated this bill. let's be fair that i think you're cherry picking because this bill is not just about trans-gender use of pronounces and all of that. it's about all of lgbt righting included in the patient's bill of rights. >> tucker: and i'm sure there's lots of things i wouldn't agree with in the bill. to be totally clear, you should call people what they want to be called. you should be polite to people and i try to be. but there's a principle at stake here that you're ignoring for political reasons that i'm surprised you are. that is simple. it's called free speech. you have the right to express your view. if other people don't like it,

they don't like it. you can't be put in prison for saying what you think is true. this bill seems to ignore that longstanding right that we've enjoyed, and i find it terrifying for that reason. >> and i knew you were going to say that. i will contend these are employees, regulated by the government. they already have a patients bill of rights that addresses these. what is left out are protections for the lgbt community. they're already -- let's look at this, tucker. the elderly community is already a marginalized community. think about the fact if you were lgbt or even like the worst, trans-gender, they're the most disenfranchised. they're the most vulnerable. i want to say this. just consider if you will, i am myself and openly gay. say 30 years from now i've been in a relationship a couple decades and this bill wasn't in play, it would deny my partner the ability the visit me because a nurse might have a problem with it. >> tucker: no.

again, you're skirting the point i'm making, which this bill criminalizes speech. if you use the wrong word, you can be put in jail. that is grotesque. and i understand that you're enthusiastic about expanding rights for lgbt elders. okay? but why in the world would you as an american who once wore the uniform support a bill that would criminalize speech? because elder abuse is inherently wrong. i will read the bill -- >> tucker: slow down. speech is not abuse. >> no. i'm talking about abuse. this -- understand this. misusing someone's pronoun is abuse. we see all the team people do this as a form of abuse. i follow the alt right blogs where they call michelle obama a man. that is abusive. >> tucker: should they go to jail for that?

>> no. but if it's done in a medical thing -- hold on. constituted, tucker, prolonged continuous intentional abuse by a healthcare provider. that is abuse. that should be criminal. >> tucker: it should be criminal. okay. what about thinking it? what if i have unpleasant thoughts about you and you find out i had them. should guy to jail, too? >> that's human nature. >> tucker: oh, human nature. but using the wrong pronounce should -- how many -- "abuse" is a subjective term. we're not talking about physical abuse. we're saying hearing something -- >> mental abuse. >> tucker: okay. a subjective category again. how many times would i have to misuse a pronounce before i went to prison? >> it has to be -- i gave you the three criteria. prolonged, continuous intentional abuse by a health care provider. >> tucker: how many times would

i have to misuse a pronoun before the police came, handcuffed me and sent me to a prison cell? >> that's not just a pronounce. you're cherry picking. >> tucker: i'm not cherry picking. the bill says a lot of things. >> the bill -- >> tucker: no, but it also says what i'm saying it says. i'm not making this up. what i care about is the criminalization of speech. i'm asking you a very simple question. how many times do i need to use the wrong pronounce before police with guns show up and handcuff me and deny me of my freedom and throw me in a prison cell? four times, five times? how many times? >> i posted the entire bill on my twitter at robin biro. you can read the bill. it does not say a number. >> tucker: you're dodging it. last question. there's a lot of things that i don't like to hear. people call me names. i find it abusive.

i have mental anguish as a result, let's say. should they go to jail for that? >> if i that are your healthcare provider and they do it intentionally to mentally abuse you and as stated on the wall in the healthcare bill of rights, yes. when -- >> tucker: these are like minimum wage workers and you're like, bullying them basically. it's so weird. i wonder -- i hope you watch this tape when this is over and ask yourself -- people have their opinions -- >> listen, like i said, i didn't used to be on this side of the issue. i read the bill and educated myself. i get it. >> tucker: thanks, robin. smashing statues. that was last week. now the left is covering them with birkas. we'll talk to the federalists about this new trend. stay tuned. and the latest on that catastrophic flooding in houston. there it is.

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>> tucker: americans mallest revolution continues. in new york, columbus,

monumented could be headed to the landfill. and robert trzyski's says panic is unleashed. thanks for coming on tonight. >> thanks for having me. >> tucker: what is this about? you made a smart point when you said covering a statue in a burqa gives power that the stat you wouldn't normally have. >> it's like the power is in the sculpture. a year ago, nobody was reacting to these things in any inflammatory way at all. they were in the middle of the parks, occupy charlottesville. the local wall street. occupy charlottesville, set themselves up in lee park. they didn't react to the statue at all. these are the occupy people. it wasn't an issue for them.

they were just doing the occupy things there. nobody reacted to this statue because of its own power before a year ago. so it's this sort of idea that it's this superstitious approach to it. the idols of the old gods are raising angry spirits so we have to cover them. last week, there was a city council meeting in charlottesville that was open to the public and it was stormed by the leftist protesters that were be rating the city council members. even chased them out of the room for their own security. the city council members in charlottesville are liberal, to the left. they came up with the idea of removing the sculptures in the first place. now they're getting chased out by the leftist protesters. and it was at end of the meeting, they voted to say let's

cover them up with the giant black tarps. there's these giant black things covered up with black tarps that i'm calling statue burqas north to -- because we can't remove them yet but we don't want them to stay there. so we're going to cover them up and people will pretend they're not there anymore. >> tucker: now we smashed all the idols, i hope sat scores go up and unemployment rates go down and incidences of cancer fall. there's so much energy, so much intensity focused on these symbolic matters, you wonder like is this a way of ignoring the actual problems in our country? >> this is the case made about this by a number of people locally. there's a black man that spoke up against it saying of all the problems that we have, this is not one of the top ten. this is not anywhere in the top of the list. i think that we've got north korea launching nuclear

missiles, we have houston, the failure to repeal obamacare. it's a program that is failing and we can't fix it and can't get rid of it. the problem of the federal budget. we're all fixated to a symbolic thing. the reason we're fixated -- the charlottesville city council thought this would be an easy lay-up. be good press for the city. it would all be -- a way of what is called virtual signalling. look what good and great people that we did this wonderful magnanimous thing. they thought it would be easy and didn't think they would get into a serious conflict that was going to come home to the city in a major way. they weren't really prepared for it. if you ask what people were getting out of it, what they got was this easy score of look what great virtuous people we are without having to do anything of consequence. >> tucker: it was a virtual -- meanwhile, everybody is in hock

to citi bank and the country is falling apart. thanks, robert. that was great. >> thanks for having me. >> tucker: we're still on hurricane harvey and its aftermath in texas, a lot more destructive than people predicted. all of those developments when we come back. plus, a tribe of the american indians is occupying land owned by brown university. they say it was stolen centuries ago. brown is one of the most liberal places in the world. they're blowing them off. one of those tribe supporters will be here next to see if liberals are living up the their own values. stay tuned.

>> tucker: here's a look at houston where floods are forcing tens of thousands of people out of their homes. you can see the rescued climbing out of the back of a truck. we'll continue to monitor the situation there.

pretty wet. they call it brown university, but could that be a perverse misnomer? activists say yes. the ivy league school is one of the beneficiaries of censuturie of white supremacy. a local tribe sent up an encampment on brown university land. they say the land was stolen and must be returned to them. for some reason, the famously progressive school is not racing to atone for its past wrongs despite having more than $3 billion in its endowment. the director general is here and supports the protests today. thanks for coming in. >> thanks for the opportunity. >> tucker: i'm a little confused. here you have -- you're representative of an american indian tribe. you say brown is occupying the land of your ancestors. we know that brown has historic

ties to slavery, extensive historic ties to slavery. it's very liberal. yet they're kind of blowing you off. i don't understand why. >> we, they don't want to admit they're wrong in this situation and we by law are absolutely correct. that's where the problem comes in. not wanting to admit they're wrong. >> tucker: gee whiz, brown has -- i checked today -- $3.2 billion in its endowment. that is more than the gdp of 40 countries worldwide. so you'd think they could take some of that money and make it right. >> you would absolutely think that. it just seems once again that they just don't want to do the right thing. we've laid out the law for them. we've given them the history. they understand everything we're saying. they don't want to transfer the land over into the pokanoket trust. that's what the situation is right now. >> tucker: you ever go to brown? see what it's like.

it's like a four seasons over there. so plush. the food options -- it's like a permanent whole foods subsidized. a fitness studio. they have so much. why not share with it people whose ancestors they wronged. >> that's precisely the situation that is going on. i grew up in a neighborhood adjacent to brown for a little bit of history with my family blood line. my uncle chief sunset was one of the last full blooded chiefs. he was in a neighborhood that was knocked down and a whole foods was set up in that particular area. so you're talking about a lot of historical wrong doings on the part of brown. the pokanoket are fully lawfully correct. there's no debate if the land is theirs. >> tucker: do you see any irony of the name? brown university? liberal? does that make sense to you? >> no.

but what you're dealing with is a lot of northeastern sort of racism where it's not overt. it's very covert. but it points the finger at southern racism. but they don't want to acknowledge their own issues and their own challenges. that's what's on display right now with brown. it's kind of disappointing to be quite honest. >> tucker: so why do you think the school has a right to its main campus? considering it was built on the suffering of oppressed peoples. don't you think it would be better used as an indian reservation? would your tribe be willing to use the campus and don't you think it would use it better than they do as an indian reservation? >> i'm not much into reservations. we roam freely on the land. but if it's on indian land, absolutely it is. where are the treaties, the actual bill of sale that was passed on. something that says that land is theirs. you won't find it. >> tucker: why don't you set up an encampment at the quad at

brown and help yourself to the delicious sushi for the rich kids and the nine swimming pools and the studio. he do you think that would go over? >> probably pretty bad. we try to do the right thing. this situation that we're in right now, we approached the attorney general of the state of rhode island in 2015 and expressed to them what the situation was and what our intention was. we were ignored for two years. same thing with communications with brown. at some point the disrespect has to end. that's where we're at right now. we're hoping to work this out amicably with brown so that those sorts of measures don't have to be taken. but when you're disrespected and the law is not being followed, you do what you have to do. >> tucker: and here's my theory. so brown jumps up and down. we're so liberal, we're so liberal on the side of oppressed people. i wonder if some of that is a cover for their own rottenness? they're basically running a $3

billion hedge fund posing as a school on the backs of oppressed people. you think the liberal stuff is so you won't look at them and ask hard questions about where the money came from? >> i would agree with that to a certain extent. there's a lot of hypocrisy in the north. there's always three fingers pointing back at yourself when you point one pat someone else. >> tucker: i agree. if you do set up an encampment on the quad, we'll be there. thanks for being here. >> thank you. >> tucker: rescuers are helping those in houston from the rising flood waters. we'll talk to one that saved more than 200 people this week. stay tuned for a

>> tucker: well, about three dozen inches of rain have fallen on some parts of east texas in the last couple days. the rain has not stopped yet. the forecast the next few days, when will the rain stop? adam klotz has all of that. our meteorologist here at fox. what is the forecast? >> the rain continues here, tucker, as we roll through the evening hours. take a look at the coastline. everything in the red is a tornado watch. conditions are ripe for a tornado. since this hurricane, hurricane harvey hit shore, we've had 32 spun-up tornados. heavy rain across the region. still heavy showers back into houston as well. the spots that have seen so much rain so far. the system is off the texas chest. it's going to settle a little further back in the gulf of mexico. when it does so, picking up more moisture. by tuesday, we begin to see this move a little bit and work its

way back to the north. re-running over parts of houston. the good news is, it's on the good side. we have very big rain. when does it stop? looking like thursday into friday, tucker. that's when those folks he dry off, put up the umbrellas and take account to all the damage. >> tucker: man, that's a long time, adam. thanks for joining us. >> yep. >> tucker: black stock is a volunteer in texas. they're boaters using to save people from the storm. thanks for coming on tonight. >> thank you. yes, sir. >> tucker: so what is your last three days been like? >> craziness. >> tucker: i can't even imagine. >> yeah, it's something that we have never seen anything like this before. it's just unprecedented. it's unreal. >> tucker: where are you finding people? >> everywhere. you know, we worked through the emergency operations center and

get dispatched to wherever people are calling in from. >> tucker: have you seen any looters? >> no, i have not, thank goodness. i've seen none and heard no reports of any. >> tucker: thank goodness. that's great. i'm glad to hear that. so have people been in trouble? >> oh, yes. i mean, personally i've done about 110 rescues since yesterday morning. >> tucker: that's unbelievable. what kind of -- 110 rescues? where are you finding people? in their houses, in their cars? >> in their houses, cars, entire neighborhoods. the video i sent you earlier was the neighborhood we went into yesterday. i took 60 something people out of the one neighborhood. same thing today. another neighborhood cut off by high water. we got in and brought 52 people out from there this afternoon. >> i know you're a volunteer real quickly what do you do for

a living the rest of the time? >> i work with the city of angleton. >> tucker: i hope you get a raise for this. god bless you. you're a nice person and a good american. thank you, will. >> thank you. >> tucker: well, north korea has launched another ballistic missile today. this time one that traveled across japan before landing in the ocean. harry is from the center for the national interests. he joins us tonight. this seems like a provocative act. >> it's extremely provocative. i'm not surprised. what we're going through right now are mini sputnik moments. 60 years ago in 1957, almost to the day, we keep seeing where the north koreans continue to just keep testing their missiles and we go through these moments over and over again that we're reminded that they have the

capabilities. over the weekend, they tested short range missiles. now today medium range. ones that can hit alaska and guam and hawaii, a few weeks ago, they were testing long range missiles. we're going to keep going through these tense moments with north korea. >> tucker: so there are reports that civilians in japan were told to take cover. i don't think anybody wants to see a nuclear armed japan. if you're japan, there's an incentive to get them at this point. isn't there? >> for the first time, i'm hearing my japanese colleagues talking about this. the country that was attacked with nuclear weapons considering this is dramatic. but i don't think the japanese have to go that far. what japan needs to do, ramp up the amount of missile defense they have. they have the option to shoot this down and they did not. a heck of a lot of restraint on their part. i give them kudos to that. we have a lot of capabilities

that we can invest in japan. theses like egis ashore, pac 3. so just in case if north korea thought about attacking japan, they have the ability to defend themselves. >> tucker: now the u.s. government, the leadership is on the record saying we're not going to put up with this nonsense, what is the thinking about north crush pushing the limit again and again? >> they want to prove to the international capabilities that they have the capabilities to strike and strike hard. we know this though. what really concerns me, tucker, experts in washington, experts here at fox continue to say over and over, we can stop north korea from getting nuclear weapons. they already have them. they have the missiles to hit the united states. that happened three weeks ago in "the washington post" came out with their story that declared that they can hit the united states. they have the technology to do this. we need to recognize the threat for what it is and deter it. we deterred the soviet union

with 40,000 nuclear weapons. we can do it. >> tucker: it's not clear what the option is. thank you. "the new york times" has good news. your native long is being replaced by spanish. why are they excited about that? we'll tell you next. liberty mutual stood with me when this guy got a flat tire in the middle of the night, so he got home safe. yeah, my dad says our insurance doesn't have that. what?! you can leave worry behind when liberty stands with you™. liberty mutual insurance.

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>> tucker: continue to cuevas the devastating flooding from hurricane harvey in new york. the empire state building is dark out of respect for what is happening in texas. the rain is bounding that state. houston, parts of it, literally under water tonight. meanwhile, a remarkable story appeared in "the new york times" titled "spanish thrives in the u.s. despite an english-only drive." the tens of millions of people in this country are speaking spanish exclusively and don't need or want to learn english. the story quotes one recent immigrant from mexico that never needs english in a daily life.

she says everything i need here in spanish gesturing to her bank where the default greeting is in spanish. and in iowa, illegals fear deportation but they still don't have to know english. the article goes on to note that univision and telamundo rival traditional networks in ratings. students in many states can takes mexican american classes in the place of traditional subjects. the whole thing is how gleeful it is. spanish speakers are creating their own society rather than assimilating into a country that welcomed them. the "new york times" would be depressed if they did. it's nothing about spanish. it's about unity for this country. if you're divided by language and culture, why are you a country? that's it for us tonight.

tune in every night at 8:00 every night. stay tuned for "the five" which see you tomorrow. >> this is a fox news alert. this is "the five." news is breaking on multiple fronts. we begin with the continued catastrophic flooding unfolding in texas. rain from tropical storm harvey continues to pour on the lone star state. now also in louisiana with the stalled storm causing waters to rise to near bubbly call levels. president trump is scheduled to travel to texas to witness the devastation first hand. >> to the people of texas and louisiana, we are 100% with you. we're praying for you, working with your leaders and officials. i will be visiting the impact zone tomorrow to ensureha