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Judge Napolitano - Free Speech For Thee But Not For Me · Brian Thomas

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  Speaker 1: Need help with your bracket. Our next guest has had
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  Speaker 1: a perfect bracket five years in a row. Perfect bracket
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  Speaker 1: five years in a row. With all due respect, you're
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  Speaker 1: supposed to fill it out before the games are played,
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  Speaker 1: not after. But our rest and bracketologists. The judge is
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  Speaker 1: up next, Chuck Ingram. I'm fifty five krs the talk station.
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  Speaker 2: Hey, thirty two fifty five krs the talk station. A
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  Speaker 2: very happy Wednesday if you always made extra special happy
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  Speaker 2: with the enlightened conversation we get from Judgejentnapaultan who's kind
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  Speaker 2: enough to join the program every Wednesday at this time.
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  Speaker 2: Welcome back your honor. I love talking with you man,
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  Speaker 2: a great op ed piece. It's always great, but yours
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  Speaker 2: put a smile on my face today. It's good to
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  Speaker 2: have you back on the show.
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  Speaker 3: Well, thank you, Brian, It's good to be here. No
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  Speaker 3: matter what nonsensical introduction Ingram wants to offer, no.
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  Speaker 2: Question about it, you can always kind of a raised
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  Speaker 2: eyebrow when it comes.
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  Speaker 1: To him, can't Joe?
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  Speaker 3: I can tame him.
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  Speaker 2: No, we don't want him to be tamed. Well, we
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  Speaker 2: give him an opportunity to make, you know, say something comical,
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  Speaker 2: say something funny or thoroughly embarrasses embarrass himself, which is
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  Speaker 2: his prerogative.
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  Speaker 3: Hey, how are you, Brian.
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  Speaker 2: I am doing fine, Thank you for asking. And I'm
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  Speaker 2: back to work today. I have my cancer treatments last
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  Speaker 2: Thursday and Friday, and for whatever reason, that chemo really
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  Speaker 2: wipes me out on Sunday, Monday and Tuesday. So my
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  Speaker 2: third round of total of six. So I'm in that
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  Speaker 2: mode where I got to take a couple of days off.
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  Speaker 2: So I'm not one hundred percent, but feeling much better
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  Speaker 2: than the last several days. And again you're in my prayers.
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  Speaker 2: Thank you man.
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  Speaker 1: And how how is.
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  Speaker 3: Congressman Massey doing after the President visited his congressional district
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  Speaker 3: to tell lies about him.
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  Speaker 2: Well, I think you know Congressman Massy probably, but as
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  Speaker 2: well as I do, things like that do not phase him.
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  Speaker 2: He's used to it. He continues to do what he
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  Speaker 2: is doing. I think he does a great job defending
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  Speaker 2: himself in the face of those types of criticisms. And
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  Speaker 2: I think on some level, and my Northern Kentucky friends
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  Speaker 2: that keep re electing him time after time, I think
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  Speaker 2: they truly appreciate the thorn on the side that Thomas
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  Speaker 2: Massey is generally speaking, but he is there to protect
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  Speaker 2: the very issues you're raising in your calm today. The
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  Speaker 2: Constitution in the United States first amendments free speech at things,
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  Speaker 2: and you know it's a tough vote sometimes, but the
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  Speaker 2: principle behind any of his seemingly weird votes is protecting
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  Speaker 2: the Constitution, the highest law of the land, and a
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  Speaker 2: man who remembers his oath of office, unlike so many others, who,
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  Speaker 2: as you point out, regularly like to play fast and
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  Speaker 2: loose with the supreme law of the land. So I
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  Speaker 2: think we can start.
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  Speaker 3: We can start with the chair of the Federal Commifications Commission.
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  Speaker 2: Indeed, let my remind my listeners, might I say that
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  Speaker 2: the SEC only regulates broadcast media as distinct from newspapers,
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  Speaker 2: cable streaming, and what might appear on the inner FCC
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  Speaker 2: predates even television. This equal time provision that used to
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  Speaker 2: be in place was in an era when there were
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  Speaker 2: only a small number of outlets. And whether or not
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  Speaker 2: it was constitutional in the first place, as your article
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  Speaker 2: points out the great history of this and what's behind it,
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  Speaker 2: it wasn't a statute and acted by Congress. This is
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  Speaker 2: simply a rule pulled out of the SEC's metaphorical sphincter.
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  Speaker 3: Correct, correct, and now he's threatening it again. So for
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  Speaker 3: the chair of the FCC to threaten CNN, the Wall
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  Speaker 3: Street Journal in the New York Times, and then the
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  Speaker 3: threat was articulated in his own unique, bitter way by
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  Speaker 3: the Secretary of Defense also against CNN is absurd. But
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  Speaker 3: what they're trying to do is to chill free speech.
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  Speaker 3: They are trying to cause those of us who are
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  Speaker 3: critical of the government to have pause or second thoughts
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  Speaker 3: before we articulate our criticisms, for fear the government will
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  Speaker 3: come down on us.
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  Speaker 1: The Supreme Court.
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  Speaker 3: Has condemned that schilling is profoundly unconstitutional. It's the equivalent
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  Speaker 3: of a statute prohibiting speech, the Supreme Court has written,
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  Speaker 3: and the government can't do it. That's what they're doing,
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  Speaker 3: and that's what they're getting away with.
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  Speaker 1: And that's what.
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  Speaker 3: I attempted to expose in that article that comes out
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  Speaker 3: at midnight tonight.
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  Speaker 2: Well, I guess has the Equal time rull ever been
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  Speaker 2: tested in court itself? I mean, in these modern times again,
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  Speaker 2: all the multitude of media outlets, you have something so
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  Speaker 2: much more than just AM and FM. You have so
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  Speaker 2: much more than the old three channels plus a local
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  Speaker 2: network on television. Yeah, countless opportunities for your voice to
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  Speaker 2: be heard, and perhaps a biased voice, but that doesn't
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  Speaker 2: require you to provide someone else an opportunity.
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  Speaker 3: The equal time provision was tested in federal courts that
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  Speaker 3: never reached the Supreme Court. It was formally abolished by
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  Speaker 3: the FCC under the Reagan administration. Congress attempted to legislate
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  Speaker 3: an equal time provision. It passed a majority of both houses.
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  Speaker 3: President Reagan vetoed it, and Congress failed to override its veto.
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  Speaker 3: So that's where it is. But there are four FCC commissioners,
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  Speaker 3: three have been appointed by President Trump. They could reconstitute
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  Speaker 3: the equal time provision with a simple vote of the
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  Speaker 3: three of them tomorrow. Now, that wouldn't affect the licenses
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  Speaker 3: that are out there, but unless it's interfered with by
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  Speaker 3: the courts, and I think it would be for the
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  Speaker 3: reasons you were articulated, it would only affect new licenses,
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  Speaker 3: and the newest licenses are not coming up until twenty
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  Speaker 3: twenty eight. So this FCC chair is off on a
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  Speaker 3: bully pulpit trying to scare people, and he doesn't know
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  Speaker 3: what he's talking about, but he's trampling on free speech.
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  Speaker 2: Well, FCC was putting a place back again when we
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  Speaker 2: only had Rady to deal with. Isn't there charge related
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  Speaker 2: to as you point out very well in your article,
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  Speaker 2: broadcast media, which means any argument over equal time as
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  Speaker 2: it relates to these other forms of media newspapers, cable streaming,
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  Speaker 2: et cetera. That will be outside of the purview of
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  Speaker 2: their authority, would it not, And that wouldn't be that
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  Speaker 2: be the biggest lead one, Yes it would.
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  Speaker 3: The theory of the communications sect of nineteen thirty four
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  Speaker 3: was that, again there was no television at the time.
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  Speaker 3: Radio stations needed a certain bandwidth, so you went to
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  Speaker 3: the government and you purchased that bandwidth, and by acquiring
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  Speaker 3: that bandwidth in your area, depending upon the wattage you had,
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  Speaker 3: nobody else could broadcast in that bandwidth. In return for
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  Speaker 3: getting that license, you promised to be fair, not to
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  Speaker 3: use foul words things like that. That's the origin of this,
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  Speaker 3: going back to an entirely different era in nineteen thirty four,
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  Speaker 3: when television came along, it was the same thing. You
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  Speaker 3: got a certain bandwidth and you made the same type
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  Speaker 3: of promises. And as a result of this, as you say,
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  Speaker 3: we had the three networks and one or two depending
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  Speaker 3: upon what kind of a metropolitan area you were in
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  Speaker 3: local stations.
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  Speaker 1: For thirty years.
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  Speaker 3: Yes, there was no expansion, there was no creativity until
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  Speaker 3: Ronald Reagan's people decided to let's open the free market
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  Speaker 3: and see what happens. And now there's five hundred choices
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  Speaker 3: to watch and listen to no matter where you are
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  Speaker 3: in the United.
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  Speaker 2: States, usually without using the bandwidth. It gave him the
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  Speaker 2: control over the whole thing in the first place, because
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  Speaker 2: I know cable doesn't use a bandwidth. Correct, my internet
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  Speaker 2: service on my phone or anyplace else is not relying
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  Speaker 2: on a band with which means it's not within their
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  Speaker 2: authority control. This is kind of like a major Questions doctrine,
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  Speaker 2: sort of kind of.
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  Speaker 3: Yeah, I mean, but it's dangerous because the one two
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  Speaker 3: punch of the Secretary of Defense and the chair of
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  Speaker 3: the FCC is chilling and will make people think twice.
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  Speaker 3: I mean. Secretary Hegseth was quite specific and looked at
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  Speaker 3: the CNN reporter who asked him a question he didn't
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  Speaker 3: want to answer, and said, you know, things are going
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  Speaker 3: to change once Larry Ellison takes over CNN, Well, that
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  Speaker 3: is just outrageous. Why does the government fear answering questions?
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  Speaker 3: Why does the government want to suppress the speech of
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  Speaker 3: its critics.
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  Speaker 2: That's a great question, you know. And going after late
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  Speaker 2: night television is you know, boring, offensive and politically charged.
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  Speaker 2: I find that, Well, they're killing themselves in the ratings.
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  Speaker 2: No one's watching anymore because the content doesn't draw viewers
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  Speaker 2: any longer. People are up to their eyeballs with it.
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  Speaker 2: The market forces will certainly address matters, and there's always
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  Speaker 2: an option to get different content in a million different places,
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  Speaker 2: as you.
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  Speaker 1: Just mentioned, yes, yes, well.
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  Speaker 2: I will tell you. As I mentioned in my email
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  Speaker 2: response to you, those who have asked for equal time
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  Speaker 2: usually kind of regret doing it your honor, you know,
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  Speaker 2: give it enough row, Just give him enough row. So great.
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  Speaker 2: We contended that from time to time here in the
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  Speaker 2: morning show. The name of the column free speech for me,
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  Speaker 2: but not for the check it out it comes out
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  Speaker 2: at midnight. I'm lucky enough to get a copy of
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  Speaker 2: early thanks to the judge being on the program today.
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  Speaker 2: But also we always part company on your judging freedom
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  Speaker 2: podcasts or I'm curious to know who you're going to
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  Speaker 2: be speaking with today.
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  Speaker 3: I have the Great Pepe Escobar, Professor Glenn Dieson and
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  Speaker 3: the Great Phil Giraldi. Tomorrow Colonel Douglas McGregor.
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  Speaker 2: Thank you, Brian, always interesting. God love you, sir. We'll
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  Speaker 2: talk next Wenesday. Have a great week. It's eight forty
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  Speaker 2: one right now. We're going to talk about an evening
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  Speaker 2: with Marty