Transcript
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The topics and opinions express in the following show are
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solely those of the hosts and their guests and not
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those of w FORCY Radio. It's employees are affiliates. We
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be directed to those show hosts. Thank you for choosing
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Well, hello and welcome Bill Martinez here. Great to have
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you with us sharing a part of your day. For
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more info on the show, you can go to Bill
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Martinez Live dot com.
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Well.
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Our First Amendment of our Constitution has no doubt been
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in the crosshairs of many liberals, and it's been rather frustrating.
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But just for the record, here let me remind you
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what it says in our constitutions. Congress may not make
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any law that sets up any religion or interferes with
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any religious practice. Congress may not make any law that
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diminishes the freedom of speech, or the freedom of the press,
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or the right of the people to assemble peacefully or
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the right of the people to petition the government to
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make things right if it has caused them harm. That
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is the first Amendment in its totality. And we're going
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to focus particularly on free speech as a core American value.
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And there is a reason, I believe paramount and why
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our founders focus so much on free speech and made it.
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I mean, of the first ten amendments to our Constitution,
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this was the first one. And I believe, you know,
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not only from practical experience, the founders were motivated to
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make sure that free speech was headlined, but also you know,
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when you think about its broad implication in terms of
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intellectualizing the electorate, I believe any limit of free speech
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dumbs us all down. Though you may argue that sometimes
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free speech can be harsh speech, I understand that. I
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think that free speech should come with a responsibility, and
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I think that is something that we still try to
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debate and work out in our culture even to this day.
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But no doubt that, you know, particularly under the Biden administration,
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free speech was attacked on many levels. Kennon Spevak is
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going to be joining us. He is the founder and
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chairman of the SMI Group and international consulting firm, and
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it contributed to real politics and Claremont Institute's The American Mind.
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Ken and welcome, Michelle. Good to have you with us.
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Bill, Thanks for having me back.
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Well, let's talk talk about free space. Is you write
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for American value? How do you see it?
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I say it as the basis of all our liberties.
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And if you don't mind, I want to add to
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what you did when you read the First Amendment. The
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First Amendment says Congress shall make no law, abridging and
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then it goes on from there. Well, everyone needs to
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understand that the United States Supreme Court has repeatedly held
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that though the words are Congress shall make no Law,
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that the First Amendment applies equally to the executive branch
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of the federal government in its actions, and to the
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actions of the state government, governments and municipalities. So the
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First Amendment is really much broader than can be seen
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by just reading the plain words Congress shall make no law.
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And the reason the Supreme Court expanded the application of
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the First Amendment first to the executive branch and then
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to the state's and municipalities is because it recognized that
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that was the intention that was the meaning given those
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words when they were first written so many years ago.
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Without the First Amendment, we are no better than that
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which government decides we can talk about. And that really
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is what was happening during the Biden administration. The suppression
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of free speech, particularly on social media, but not only
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on social media. Wasn't just directed to COVID, you know, Bill,
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So many people talk about what the Biden administration did
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is limiting dissenting views on COVID, and it did, but
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the Biden administration also suppressed dissenting views on many issues
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on the economy, on international trade, even humor directed at
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the Biden administration. That's something we can never again allow
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to happen. But I'm not so sure we're ready to
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stop it from happening again.
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I appreciate that. And actually you could actually go before
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the Trump administration. And this began to raise its ugly
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head during the Obama years, did it not?
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It did? It started during the last year of the
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Obama administration. It actually continued below the radar during the
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Trump administration. Within the deep state last year or two
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of the Obama administration, a number of agencies were created
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or reconstituted within particularly the Department the Department of Homeland Security,
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to a lesser degree in the Department of Justice. Those
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agencies or those bureaus within the Department of Homeland Security,
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and by the way, one even in the Department of State,
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began to abuse the authority conferred on them to prevent
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problems with cyber security, problems with foreign governments intruding into
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US cyberspace, and they began to use their authority to
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limit the rights of American citizens to speak their minds
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in the cyber arena during the Trump administration. And this
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really does show why, or one of the reasons why
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in the second Trump administration he has been so intent
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on ensuring that he controls not just the department heads,
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but deeper down into those departments, because during the first
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Trump administration, these same agencies continued to try to control
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US citizens speech, most especially on social media platforms, but
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to a lesser degree in other forms of media as well. Well.
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You know, I go back with the Obama administration with
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what he did to the tea parties for example. You know,
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this was a wink and a nod to lowest learner,
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and he directed in a sense you might say subtly
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if not directly to do something about the Tea Party,
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and he squelched them in response to some mid term
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you know, ambitions, and he saw what was happening with
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the tea parties. They were gaining so much momentum, and
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so he made sure the I R S did not
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give them, you know, tax exemption status that they had requested,
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which you know was routinely given before, wasn't even a problem.
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In fact, even Obama's half brother was I think you
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got tax exemption, you know, within six months, which was
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ahead of schedule. And you know, just some shenanigans that
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went on. But the net result, ken is that even
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to this day, this has affected free and fair elections
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because it really reduced the effectiveness of the Tea Party
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Tea Party efforts, and I maintain it's probably been eight
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or nine voting cycles that were affected as a result
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of that.
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You're completely right, and let's just remind your audience. Lois
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Lerner was a mid level executive within the Internal Revenue Service,
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and not only the Tea Party, but more broadly, she
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had an animist toward conservative organizations. There are basically two
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types of tax exempt organizations. The one that people sometimes
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even know. The number four is called a five oh
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one C three, and that's an organization to which donations
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are tax deductible and the organization doesn't pay taxes. There
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are other type of tax exempt organizations, particularly those involved
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in politics, that may not pay taxes, but donations are
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not tax deductible. Lois Learner went after five oh one
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C three organizations that she thought were waiting too close
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to the political organization status on the right. She never
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did that for organizations on the left, and the result
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of what she did was to delay, deny, and even
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revoke five oh one C three tax status to a
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lot of social organizations and some religious organizations that had
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viewpoints she found anathema to her far left perspective. It
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was used to diminish the effectiveness of the Tea Party,
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and more broadly, it was used to diminish the fundraising
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capability of a lot of social organizations and organizations of
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faith that exactly weren't far enough left for Lois Learner.
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Lois Learner ultimately was called before Congress to testify. After
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giving a little bit of a speech for her position,
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she then claimed the Fifth Amendment right not to incriminate herself.
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Now those of us who went to law school. I
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went to law school, know that if you choose to
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speak at all in a forum, you've waived your Fifth
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Amendment right not to continue to speak. But she was
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allowed this oddity of speaking when she wanted to speak
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and claiming the Fifth Amendment when she didn't want to speak,
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got off without any consequence for her horrific actions. I
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did a lot of damage to a lot of conservative
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organizations and organizations of faith, and Bill, I think you're
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right in the Obama administration really energized this movement to
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limit the free speech of conservatives and more broadly people
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of faith right.
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And the thing is is that it was all in
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a sense of like a bit of a groundbreaker because
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they got away with it, and Lois Learner, of course
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retired with a golden parachute, no consequence whatsoever. She's living
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happily ever after. And of course probably the statue of
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limitations has passed, so she is not going to be
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held libel. And all we can do at this point
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is just remind everybody that this is what she specifically did.
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And you mentioned, you know, the deep state that was
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in operation under the first Trump administration from what I
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understand about four thousand operatives that were in the Obama
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administration before completing his term. Obama reassigned them into government employment.
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So he kind of, you know, in a sense, set
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in this battalion of moles into the into the government operation,
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the government bureaucracy, to serve as a safety net, so
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to speak, against what he perceived as radical Trump policies.
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Yeah. I don't know the number, and you may well
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be right, but I do know that in the Biden administration,
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more than eighty federal agencies and many hundreds of senior
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federal officers participated in the censorship enterprise. During that administration,
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a federal district court judge issued an injunction to stop
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that activity, found it reprehensible and indefensible. His injunction was
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largely upheld by the appeals court, but the US Supreme
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Court then reversed and took the position that the plaintiffs,
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the state of Missouri, and a lot of private players,
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hadn't demonstrated that the Biden administration was in fact stopping
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free speech, and that it wasn't possible that the social
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media companies wouldn't have done it on their own even
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without the federal government intrusion. That was a sad day
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for conservatives. Justice Barrett I don't think acquitted herself well
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in that decision. I don't think her factual analysis was correct.
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I don't think her legal analysis was correct. But the
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fact of the matter is we have a system. I
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can't pick and choose which Supreme Court decisions I like
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in the sense of which should be enforced. So I
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recognize her right and the right of the majority on
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that court to make the decision they made. I just
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wish they had not done so well.
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How embarrassed they must be now when you have Mark
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Zuckerberg coming out and saying, hey, they made me do it,
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and you have Google saying the same thing. You know,
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X was under pressure before it is known as Twitter,
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before Elon Musk bought them. And Elon Musk I think
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single handedly did more for free speech than any other
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person in modern history in purchasing Twitter. Because when he
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did that, suddenly we could it opened up the door
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for free speech once again. It was number one. It
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was refreshing, and you know, we could kind of breathe
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again for a moment. But then afterwards, Kennon, we get
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these reports, you know, from you know, from Zuckerberg and
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and Google and these other platforms saying, you know, the
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FBI was visiting them. Well, come on, give me a break,
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you know, you know, at that point that really makes
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the argument that Justice Barrett put forth even worse.
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Yet, Yeah, you know, Elon Musk did us all a
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great service. Went together with Matt Tayibe on Substack and
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Barry Weisse. He allowed them to publish proof of what
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the government had done with x or Twitter than Twitter
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in suppressing speech. Look, the facts are what the plaintiffs
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alleged that they were. It's possible that these left leaning
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social media might have suppressed some of the speech even
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without Biden administration pressure. But there's no doubt that the
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coercion the pressure. Remember Joe Biden and then Press Secretary
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Jensaki publicly said that the social media were killing people
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talking about the COVID side of this, and that action
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had to be taken, and that the social media had
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to take action. When the President of the United States
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and his press secretary threatened to take action, if you don't,
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it's difficult not to see coercion, and there was coercion,
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and Justice Barrett in a conservative majority that went along
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with her, or some of the conservatives that went along
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with her, just as Kavanaugh in particular, they were wrong,
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plaints were right, and we all paid the price for it.
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Yeah, I mean who killed who?
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You know?
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Ken, And I'm going to tell you I spent more
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time in YouTube jail because we had experts on medical
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professionals reporting from frontline experience what was going on with COVID,
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and it was, you know, deemed to be an offense
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to the social media community. And here it is. I mean,
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our motivation, our heart was, hey, we're being done down here.
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We're not getting all the information, you know, whether it