This is a partial transcript from "The O'Reilly Factor," March 1, 2007, that has been edited for clarity.
BILL O'REILLY, HOST: "Back of the Book" segment tonight. An associate professor of history at Kent State University in Ohio, Julio "Assad" Pino, is under fire for being anti-American.
In 2002, Pino called a homicide bomber a martyr.
2003, he was charged with disorderly conduct at an anti-war rally.
In 2005 he called President Bush a cocaine cowboy and said we need more Ward Churchills, referring to the loopy Colorado professor.
And last year he slammed the USA for just about everything and said, quote, "The ill done to the Muslim nations must be requited," unquote.
Joining us now from Denver is Ward Churchill's attorney, David Lane.
Before we get to you, this professor Assad, what — your client, where is he? What's the status there?
DAVID LANE, ATTORNEY FOR WARD CHURCHILL: The status is it's in the committee looking at the last committee's work to see if the future committees need to take another look at the committee.
He has been relieved of all teaching burdens, and he is drawing his full salary.
LANE: A job I want and you want and everyone should aspire to.
O'REILLY: All right. So let me just — let me just recap. For three years the University of Colorado has been in committee, or lots of committees. Committees looking at other committees.
But he's getting his 100 grand. He's not teaching. So he's free what to do whatever he wants to do. You're getting your legal fees paid by the university, right?
LANE: Well, I only wish. We have litigated that issue. I'm claiming their contract says they have to pay me. They're saying, "We just won't."
O'REILLY: So nobody's paid you yet?
LANE: You know, the First Amendment is my — I have to draw my own satisfaction from protecting your constitutional rights.
O'REILLY: OK. I'm just saying this might be a karma thing here, professor. You know what I'm talking about?
But — all right. Now, let's get on to — so Churchill still getting 100 grand. Colorado got him out of the classroom, but they don't know what to do now.
LANE: That's right.
O'REILLY: Now Pino, or Professor Assad, he's got tenure, which means they can't fire him at Kent State. Bomb thrower, doesn't like America, very, very clear. Teaching history.
Here's my beef. I'm a big First Amendment guy. I make my living under the protection of the First Amendment. But this guy now in the classroom is bringing in all this baggage, public baggage. Is that fair to the kids?
LANE: Depends on what he is teaching. If he's teaching, you know — I don't know what he's teaching. I think he's teaching history.
O'REILLY: Teaching it?
LANE: If it's relevant to history — if it's relevant to history, you know, then absolutely he can bring it into the classroom.
O'REILLY: So if he — if he's on record as hating his country and thinking his country is bad and wants the Muslim nations to take revenge, which is what requited means, against the USA, you have no problem with him in there teaching history?
LANE: Absolutely not. The First Amendment lives in a very rough neighborhood, as you know, Bill. And if you don't have the gumption to put up with all these differing opinions, there are plenty of countries out there that don't authorize different opinions. North Korea...
O'REILLY: But here — but here's the thing. You know, the power in a classroom, as you know, is with the professor, because the professor has the power of the grade.
So he goes in there. You got the Kent State students in his class. I don't know whether you have to take this man, but let's say you do. It's a requirement if you want a history degree. You got go through him. And that he's in there and he doesn't like this country.
And you may disagree and say, "I think America is a noble nation. I love my country." And then he has the power to now inflict damage on you. That is going way beyond freedom of speech.
LANE: Well, no. I mean, only if he is using his beliefs and is inflicting bad grades on people who deserve good grades.
O'REILLY: It's all objective.
LANE: That's true of the flip side, too. If you are an anti-American student and you've got a super patriotic professor, they can do the same thing. You trust professors are going to grade fairly. You trust — you know, I haven't heard that this professor has a problem with giving bad grades to people who disagree with him. That’s not on the table.
O'REILLY: Well, they're nervous about this guy. Once you start to call homicide bombers martyrs, then you get into an area where you can be considered, as Sami al-Arian was in Florida, an enabler. You know, somebody who is treasonous, seditious.
And then you again are giving these professors power over their students. This makes me nervous.
I'll give you the last word.
LANE: The market — the marketplace of ideas trusts people. He puts his ideas out there.
O'REILLY: Why should we trust a guy that's that irresponsible?
LANE: Well, I mean, that's what the Constitution does. It says Americans, you're smart enough to be able to separate good ideas from bad ideas. We're not going to stifle any ideas.
O'REILLY: These are kids. These are kids.
LANE: They're not 3-year-olds.
O'REILLY: They're kids, and this guy has power over them.
LANE: Please. These are college kids, and he's not exercising his power in an arbitrary way, according to all accounts. Nobody is saying he's grading people poorly.
But he has a right to put his ideas out there. The appropriate response is not to fire him or punish him. But you put your ideas out there to counter him.
O'REILLY: You may — you may have another client coming on. We appreciate your time.
LANE: Give him my number, will you, Bill?
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