>> could affect private universities. the constitution applies to public universities.of the civil rights act takes the same standards that the constitution applies to public universities and applies itsgñ to private universities. all private universities accept federal money so it ends up pretty much in the same place. i have heard her say that racial preference opens pathways for all students. i wish abby fisher were here. she was discriminated against on grounds of her race when she was rejected by the university of texas. i would like to have her explain what pathway that open for her. >> de want to follow on that? >> i agree with mr. taylor regarding private schools and title 6. i do not think mrs. fisher was discriminated against for the simple reason that as i explained earlier, it looks at the index at which race is one of 12 factors. her academic index was too low the year she applied. they never reviewed her personal achievement. there is no way she would have been invented. the fact that race was considered did not harm her. i think the claim that she is ent

the university of texas again claims we are giving it the way the university of michigan law school did it and so we are okay. there are a number of distinctions against the cases though that meeting will help the now more skeptical court to strike down the preferences. they wouldn't have to overrule the case to do so because the case as justice o'connor particular needed some principles that were supposed to limit the size and duration of the preference is to avoid abuses but she didn't really enforce them but they to remain on the books. you are supposed to pursue the alternatives before you resort to race. texas did. the heavy 10% plan the got a lot of racial diversity, and other diversity from the 10% plan. did dave really need to use the individual racial preferences on top of it? that is one argument in her favor. another is the court has said no racial balancing meaning you cannot try to mirror in the state's university composition of racial proportions of the statewide population. that is unconstitutional. the court has said in texas although they haven't gotten very close to th

and the university of nottingham. and an australian university. and an institute of advanced education in france are expected to follow. as you know, american higher learning institutions are suffering from the slow economy. they now receive operational funding and government subsidies. so the universities see chinese students as a way to get new revenue. >> so, how does the chinese side view the increase in foreign universities and lleges? >> some think the trend is helping china's eve con mconomy creating jobs. for instance when a new school opens, new apartments have to be built. but despite it, some chinese are concerned. they worry about the brain drain. itch ma if many chinese students work for foreign companies there may not be as many workers for chinese companies. so the government is trying to encourage graduates to work for chinese companies, and, research institutions. it offers them tax incentives if they start a business in china. they also receive tial shall f incentives for doing government research. thank you very much. >> announc

the university of texas claimed we are just doing it the way the university of michigan law school did it so we are okay. there are a number of distinctions between the cases that we think will help more skeptical court strike down these preferences. they would not have to overrule the greeter case to do so because the greater case, justice o'connor articulated some principles that were supposed to limit the size and duration of racial preferences to avoid abuses but she didn't really enforce them but they remain on the books. supposed to pursue race neutral alternatives before resorting to raise. the university of texas did. they had this 10% plan. they get a lot of racial diversity. did they really need to use individual racial preferences on top of it? that is one argument in her favor. another argument, the court has said no racial balancing meaning you cannot try to mirror in your state university's composition of the racial proportion of the statewide population. that is unconstitutional. the court has said. in texas, although they haven't gotten very close to racial proportion,

the university of texas. >> trained me too well. chief justice and members of the court, may i please, of course, the central issue here is whether the university of texas at austin carry the burden of proving that it use of race is an admission plus factor in the consequent denial of equal treatment which is the central man at a time of equal protection clause to abigail fisher, two tests of strict scrutiny. which are applicable. before we get to -- to raise on the own. the question of standing, the injury -- if the injury is rejection by the university of texas, and the answer is no matter what, this person would not have been accepted then how is the injury caused by affirmative action program? >> justice ginsburg, the first injury before the court was the use of a system which denied equal treatment. it was a constitutional injury part of the damage claim was premisessed directly on the constitutional issue. >> past texas v will sage with that injury. >> the use of race is not -- injury sufficient necessarily. >> they were litig

maya understanding is the university has over -- my understanding is the university has over 5000 class'sttle over 200. how can that possibly do more than a tiny amount to increase class and diversity? >> first, that two hundred number is erroneous. there have been many more minority candidates. >> per class? >> not on a per-quest basis. with the university found was shocking isolation. >> how many non--top -- non-, 10% at issue are limited in each class? >> we did not look at that issue, but in trying to find holistic -- we did the study before the planet and she was adopted. at that time, there was nobody to admit -- no way to it that you're taking race into account. it to the african-american, 90% -- >> i do not believe i understand your question. you know the total number of african-americans in the engineering class. >> yes, your honor. >> and the total number admitted under the top 10% class? >> yes. >> subtract eight from b, and you will get c. >> let me explain why the university did not look at that. the time it was conducted, it was before the holistic issue was adopted. in 2003

what happens on the university side? >> guest: well, whey heard the case, and what i talked bow was not much of the argument. the argument was about fairness, ect., and a lot of details. they were promptly decided in june based on the arguments. i guess they strike down the affirmative action 5-4. that's what most people expected going on and the argument confirmed the expectation. the big question is how broad it is. whether it was a narrow opinion, limited to the facts and the university of texas, doesn't have an effect on everybody else after they changed it around, or rather there's a broader opinion in major reforms in the way it works nationwide. i hope they do the latter. toy not think they're going to ban the race, an i adopt think they should. >> host: guests talking about the court case dealing with affirmative action at the university. if you want to ask them a question, call 202-585-3881. those republicans, call 202-555, 3 #880. also you can seemed us tweets. depending op how the justices come down on this an

maya understanding is the university has over -- my understanding is the university has over 5000 class's that classified as small, and the total number of african- americans and hispanics it that it was just a little over 200. how can that possibly do more than a tiny amount to increase class and diversity? >> first, that two hundred number is erroneous. there have been many more minority candidates. >> per class? >> not on a per-quest basis. with the university found was shocking isolation. >> how many non--top -- non-, 10% at issue are limited in each class? >> we did not look at that issue, but in trying to find holistic -- we did the study before the planet and she was adopted. at that time, there was nobody to admit -- no way to it that you're taking race into account. it to the african-american, 90% -- >> i do not believe i understand your question. you know the total number of african-americans in the engineering class. >> yes, your honor. >> and the total number admitted under the top 10% class? >> yes. >> subtract eight from b, and you will get c. >> let me explain why the unive

that is how you create diverse environment and university system. i think it's important, we can separate, sure, there are failures in k-12ducation, we have to deal with those but that's no excuse for banning affirmative action in colleges and universities. that leads to then the kine of diversity that we need to see in our workforce. >> don't you -- on some level don't you think -- i know if you're hillary clinton had been elected president i know that no where would anybody feel it was necessary to give women -- to make women part of affirmative action any more. don't you think if the country has elected an african american president that you can say on some level that, yeah, still exists but certainly not at the level wilt was when affirmative action was started. >> you know a way that you can argue just because -- i celebrate president barack obama's election to president but that doesn't mean we fought all the problems, that inclusion and diversity we have lot of work to do. i think that we have to set about doing that work, we need to improve

i think it varies from university to university. they should be acting within a lot. race cannot be a deciding factor. what i would say about where mr. taylor and i agree is that neither of us want students of color harmed. i happen to disagree in that i do not think admitted to university harms students of color. i did not -- i do not know whether race was a factor. i did not think it was. i never got their thinking, i should be at the bottom of the class or anything like that. it was during a very tumultuous time at that school. i worked very hard and did quite well. do i think the university of texas should be forced to put on display how they're making sausage? no, i do not. but i do not think black and latino students should be harmed. we host: how did abigail fisher determine that she had a case? >> it's interesting. she didn't get in. she had a family tradition of going there. she didn't get in. she saw students of color in her school who did get in who had lower test scores than she did. so she decided maybe she was a victim of racial discrimination. she was c

university of southern california? georgia tech? university of michigan? university of michigan. what do you think? >> georgia tech? >> georgia tech. okay. next question. listen up. on the periodic table of elements, the symbols "k" and "h" each stand for what? is it -- >> oh, oh! >> tennessee. >> natural resources. >> helium, carbon and mercury, potassium and hydrogen or krypton and hydrogen? >> potassium and hydrogen. >> it's potassium and hydrogen. all right. next question. >> cheater! >> next question. the university of tennessee was first founded as blunt college in 1794. >> it was. >> but which college is the oldest college in the united states? is it "a," harvard? "b," college of william & mary? "c," princeton? or "d," brown university? >> we are going with -- princeton! >> not princeton. what do you think? >> william & mary. >> it's not william & mary. it's harvard. >> they missed it, too. >> the author attended the university of tennessee -- >> this is the last question and the tiebreaker. >> and the tiebreaker. you'd better get this. his novel "t

that court ruled in faif of the university. not surprisingly, too, gwen, this case has attracted a large number of amicus briefs, more than 90 ameekus briefs. and they have come across the spectrum, on the side of the university, roughly 70 of those 90 briefs. and they've come from military leaders, businesses, as well as civil rights organizations. >> ifill: and this laib test whether any of those kind of things matter, i suppose. >> absolutely. >> ifill: marcia coyle. >> ifill: ray suarez has more on the larger stakes and potential fallout arising from today's arguments. >> suarez: and for that, we turn to two people who have been a big part of the national conversation surrounding this case. debo adegbile is the acting president and director-counsel of the n.a.a.c.p. legal defense and educational fund, which filed an amicus brief in this case. and richard kahlenberg is a senior fellow at the century foundation. he wrote a recent report arguing for race-neutral admission policies that he says foster diversity. you were at the

by using very large racial preferences, the university of texas and most other universities in our view are setting up a lot of these students to fail. they're misleading them into thinking they're very well qualified academically to go to university of texas when, in fact, they're not. university of texas knows that most of them will rank pretty far down in the class, doesn't tell them that, and we think that's harming a lot of the supposed beneficiaries and not helping them. >> and so how do you respond to that? >> mr. taylor is entitled to his own views, but he's not entitled to his own facts. he wildly misdescribes what's happening at texas and what's happening at schools across the country. african-americans, latinos, many others and white students benefit from having a diverse student body and the university recognizes this. the idea that people are harmed by having access to flagship institutions doesn't really ring true with most people in their common experience. the dean of my law school said to us on our first day, all of you are terrific but we could have cleared the decks a

john: this week we have come to one of the most prestigious universities in america, university of maryland -- north carolina i debated former vermont governor about the role of government. i hope i convince them but i don't know. when everything it is important we have an open debate. and traditionally that is what universities were supposed to be about. open debate. but college campuses often are not. two reasons. some have speech codes of what you cannot say. some are so liberal libertarians and conservatives are ostracized if they speak up. you had a student here? >> 2010. and robert studies free-speech and is with fire the foundation for individual rights and education. hadley, you were not very political. what happened? >> i have opinions but struggled what i believe, when to speak up, and when to be quiet. john: the because of friends ? >> there were a variety of students that were very mature but others who could be loudmouth that overshadows the culture with a small group to make a lot of noise it can be intimidating. congressmen tom 10 credo was invited but the speech never happen

we're live from clinton university, which is hosting the final debate. -- from linda university -- lynn diversity. >> retired colonel with a master's degree in military arts and science, so i know what i'm talking about. we could end this war and about a month. the way to do that is for both candidates to realize that the authority for declaring war rests with the congress. it rests with the people. our founding fathers, were smarter by -- where smart enough to realize that the idea of going to war and committing our treasure and resources for a period of nine years is not ever, was not ever supposed to be the poor of a single man, no matter how tyrannical he thinks he is. fundamentally, to ask the way to end this war and a month -- and i am dead serious about this -- is to simply say, ok, president, your war powers act that is only supposed to be used in an emergency is over. you cannot conduct any bork without a declaration from the people, from the congress and the senate with the approval, just like it says in the constitution. , i can guarantee you that that -- that no one would pa

university in china.tudying at a top american university has always been her dream. >> translators: nowadays many firms are opposing offices here. i hope studying at this university will boost my chances of getting a job at a foreign company. >> the university's graduate students have started joint research with top 11 students from 12 other universities and with such organizations in china. the graduate school hopes this will help it enhance its academic reputation. then corporations and the state of missouri might give money to the school. >> we will have more chinese students. again, like i said, we're looking to expand our program within the very near future. chinese students are the key to our program, to the success of our program, absolutely. >> reporter: a chinese education specialist predicts more foreign universities will set up in china. >> translator: with more and more foreign companies doing business in china, there's a growing need for chinese workers who know how foreigners do things. gett

several dozen universities.and what is that we're going to say here that already was said in grutter that would take hundreds or thousands of how federal judges dictating the policy of admission of all these universities? you see what i'm looking for some certainty? you saw what happened, saw the numbers. >> i will answer your question. >> you can answer later if you want or not at all. [laughter] >> i'm perfectly happy to answer your question. i think that the increase in african-american you look at his pre-grutter. it was generated before 2004, so i want to make sure the record don't depend on race to do it. minimal change with the use of race. that's what we say an alternative of service while in increasing yield or indeed in the re-weighting the pai come a critical element so you put more emphasis on the socio- non-mac factors in my sunday essays, come academic measure. so there's lots they could do. >> tell the universities how to run and how she way qualifications. >> is not the job of the court should te

those are good but they're below the median at the university of texas so regardless of race she might not have been accepted in the supreme court has previously ruled that a plaintive can't be in federal court unless there is a quote actual or imminent harm and not hypothetical harm so do you think that the . the conservative justices in deciding to hear this case and going to their own president specifically did this to eventually strike that down i think that's possible that's certainly our fear but it was interesting that that was one of the first questions raised by justice ginsburg and the issue wasn't given a lot of play in the briefs because i think both sides felt that the issue of standing had already been settled before we got there but it was raised as an issue and there is an argument to be made that there is constitutional harm and when that occurs you don't have to have the actual injury so as far as the standing here this goes back to two thousand and three. what to do specifically that case that you can you can take race into account with if it's part of a plan to have

so the students tried to negotiate with the university. the university refused. in defiance some students set up a card table at the main administration building and handed out leaflets. in short order a police cruiser pulled into the middle of the plaza and arrested somebody named jack weinberg who was behind the table but before they could go anywhere students began to sit around the police car and the entire plaza was filled with students around the police car and they held them captive for the next 33 hours and that was the beginning of the free speech movement. [applause] they went on to stage a number of protests to negotiate with the university, ultimately put on what was the biggest sit in in the nation's history, roughly 800 people were arrested for sitting overnight's for all hall. in the end the regents revoked this rule, is essentially admitting that it was an unconstitutional infringement on free speech rights but when this happened, hoover who already viewed kerr with suspicion became convinced that he was absolutely untrustworthy and unreliable bec

her -- university of denver. two hours from now, president barack obama will face his republican challenger, former met -- massachusetts governor mitt romney on campus. 80 million people are expected to watch on tv and online in this first debate between the two man. we will be here for the next two hours to set the stage, discussing the debate, logistics, and policies of the evening. we will involve you in this discussion. here is how you can take part. iphone, democrats can dial -- by phone, democrats can dial. republicans and independents -- the numbers on the screen. if you will tweet about the debate, use the hash tag #cspan2012. we may use your comments on air. our question for this program -- what would you have if you had the chance to ask? this is a domestic policy debate. you can send our thoughts on the question you would most like to ask on our facebook page. facebook.com/cspan. the moderator is jim lehrer of pbs. the debate is structured into a series of 15 minute questions, many focusing on the econ

university president released a statement. he says while i expect that a resolution can be reached, that will enable the doctor to continue as our chief diversity officer. she and the university community work together to respond to the concerns that had been raised. we'll keep you updated to any updates to this story. things changing rapidly. >> let's talk about this weather situation because we are hoping for a nice, sunny week. >> for the most part, it's going to cooperate. a little bit cooler today, but we expected that. and tomorrow, milder. we are tracking a cold front for thursday. i know it's october, we might hear the rumble of thunder thursday evening. let's start with a live look outside. it is our live michael and son weather cam. again, high 65. right now, downtown 60. dew points in the upper 30s. a dry air mass. winds, calming down. north, northwest at 7. and pressure creeping upward. but slowly, but surely. winds are calm, but the pressure is going up at 29.90 inches of mercury. all right, satellite picture, rad

depending on whom you ask, the university administration is primarily at fault or the university's chiefiversity administrator, angela mccaskill is at fault. mccaskill, who has been suspended from her job as now broken her silence. >> i was shocked, hurt, insulted. i was humiliated. >> reporter: here is the background. after maryland's legislature narrowly passed a law which would legalize gay marriage, opponents circulated pet i gos to stop the lation. upon hearing a sermon on marriage at her church, dr. mccaskill signed one of the pet i gos, upsetting some in the university -- the petitions,upetting some in the university. >> this is against a group of students where she is supposed to be supporting students as opposed to doing things that really undermine them. >> reporter: the administration suspended with pay its chief diversity officer and that upset others in the university community. >> i don't think she should have been suspended. i think that it is her right and her freedom of speech to believe whatever she believes and sign what she wants to sign. >> reporter: mccaskill says w

at the same time if they are universal they manifest differently universally. go back to you want to go to washington you know if these values are so universal and they are equated with american values then why is the united states so low in the arab world. i. i i don't think this this these demonstrations should be reduced to a discussion of human rights and who's values there whether they're universal western etc we have to see and understand and appreciate the political context these protests took place this is not the sort of first incident. sort of americans looking like they're insulting or attacking islam and there are you know starting with abu ghraib and all those things in iraq in pakistan koran burnings etc so it accumulates these things of course there is a provocation on the ground there's not other but that but a wide spread discontent with the american policies not necessarily of today but the legacy of american policies just an example withdrawal from iraq for american foreign policy establishment is is quite sufficient to feel that they are now

is still a university of intolerance.versity that manages by intimidation. a university that allows bullying among faculty, staff, and students. >> reporter: with a sign language interpreter, dr. angela mccaskill talked about what she call the nightmare her life had become since it was learn she signed a position in church to support a referendum on same sex marriage. she blame the university and a same sex faculty couple for her predicament. >> in this very moment she derld that the signature meant i was anti-gay. no one has the right to decide what my signature meant. >> reporter: in a statement released today, gallaudet president said while i expect that a resolution of this matter can be reached that will enable dr. mccaskill to continue as our chief diversity officer, this will require that she and the university community work together to respond to the concerns that have been raised. mccaskill's attorney said he is concerned the university will infringe on his client's first amendment rights. >> the fact that they

private and public universities? the century foundation sponsored research which looked at that question. it found that if grades and test scores were the only basis for admitting students, african americans and latinos would represent just 4% of students at the most competitive 146 schools in the country. using affirmative action would boost that to 10%, which is a little bit lower than the 12% through race-based affirmative auction -- action. the authors found that if you define socio-economic status using some additional factors not included in the study, such as wealth, as opposed to income, neighborhood poverty levels, the results are likely -- will likely yield even greater numbers of african- american and latino students because african-american poverty is in the aggregate different than white poverty, and african americans are more likely to live in concentrated poverty than white americans. because of slavery and segregation, black wealth is that a much lower ratio to whites and black income is. blacks make

private and public universities? the century foundation sponsored research which looked at that question. it found that if grades and test scores were the only basis for admitting students, african americans and latinos would represent just 4% of students at the most competitive 146 schools in the country. using affirmative action would boost that to 10%, which is a little bit lower than the 12% through race-based affirmative action. the authors found that if you define socio-economic status using some additional factors not included in the study, such as wealth, as opposed to income, neighborhood poverty levels, the results will likely yield even greater numbers of african-american and latino students because african- american poverty is in the aggregate different than white poverty, and african americans are more likely to live in concentrated poverty than white americans. because of slavery and segregation, black wealth is that a much lower ratio to whites and black income is. blacks make 60% of whites make, but t

we are a state university.e have to respect the political views of the entire state, including the loss in the state constitution, which is why we are in the situation we are in now. on both sides, there is a recognition that the classroom is a place where a fire arm is not necessarily a good thing to have. there have been ideas thrown out there like having lockers on campus where people can carry their firearms and then lock them up. those have not been pushed by the administration, i should be clear. there is not a good solution to this. i think the only good solution is to ban firearms from campus and identify the campus as a special place come as a court room -- , as a court room, or a k-12 school, i do not receive a difference. -- i do not really see the difference. >> i want to turn to an interview that fox news did with michael boozman. he explains why students with concealed carry permits should be able to carry on campus. >> people that already have a handgun license that carry it in their everyday lif

chen majored in journalism and graduated from university last february. his job search got him nowhere. later, he decided to start a business of his own. but first, he researched by spending six months working for various franchise restaurants. >> translator: i thought that even if i fail i could try something else. after all, i'm young so, time is on my side. that's why i decided to start a business. >> reporter: choi and his partners are trying to attract customers. every morning they sell their rice bowls to university students on the street. not only do they make sales, but it's also a good way to promote their bread. one rice bowl costs about a dollar. so it's a cheap and easy way to eat breakfast for students. rice balls with brown or multigrain rice are all hand made just before serving. >> translator: well, it certainly looks nutritious and good for my health. convenience stores don't sell anything like this, and it tastes good, too. >> translator: we started out with rice balls, but my dream is to expand our menu and sell ready-made korean meals

that's the universe. they are going to only adamant people that are functionally illiterate because that is our mission. my point is not that we should do either of those things. my point is that we should figure out what is the mission of higher education in the united states? i will argue it is to fulfill the promise of the democracy and therefore we need to have an opportunity to bring people of color, poor people, people who come from rural areas, not just urban areas, but we have to rethink the mission of public higher education, and until we do that and you're going to be fighting about lots of different ways to fix a much larger problem. >> there's a lot to unpack, all of the panelists have said. i think maybe i might have erred by asking the question in reverse order something to try to ask is different question to get us started on this. embedded in the report is the esumption which none of us have challenged yet which is that the supreme court is going to rule against affirmative action and fish

[applause] the final debate takes place monday night at lynn university. do not forget to watch. election day is 3 vix from today. good night. -- three weeks from today. the night. -- good night. >> the two stood sometimes arms apart. they scolded each other, they corrected each other, they even played timekeeper and tried to overrule the moderator. one website called this the fight, and it was. president obama said the governor's tax plan is a sketchy and deal. governor romney told the president, do not talk over me. if you're one of those it was concerned the president was not calling out tall tales, from his perspective, and he said that governor romney was not telling the truth. five different times. if he wanted more aggressive, tonight you got it. they delivered. before the debate opened -- before the debate ended, the obama campaign rushed in here. the president did call it terrorism and that rose garden address. reporters immediately went to the transcript looking for all of that. the president did say that no active terrorism will intimidate the u.s., but he did not call

. >> that next debate is next week at hofstra university in new york.he final match-up is set for the # 2nd florida. we will carry the next two debates live here on fox 5. -- the final match-up is set for the 22 in florida. >>> theresa douglas drove her bus through the employee lounge last december. prosecutors say she had posted on facebook the night before that she was ready to go to jail. she faces up to 53 years behind bars when she is sentenced today. >>> i 4-year-old boy is recovering after falling out of a ninth floor apartment window. audrey barnes has more. >> reporter: the screen on this ninth floor apartment window gave with a sending a 4-year- old boy tumbling some 90 feet to the ground. instead of slamming into the industrial sized air conditioning units below, this tree broke his fall. aresa saw came by just as it happened. >> i saw the child lying right over there. >> reporter: was he cry something i don't yeah, he was crying. >> reporter: a neighbor called 911 and the boy was rushed to a tarek mehannaer center with serious injuries. poli