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Judge Napolitano - Jailed in America For Free Speech · Brian Thomas

• 0:00
  Speaker 1: Seventy one at the lateral. If you go to our
• 0:03
  Speaker 1: next guest house on Friday Halloween, not only will you
• 0:07
  Speaker 1: get full sized milky ways and paydays, but also receive
• 0:11
  Speaker 1: a pocket constitution signed by Congressman Thomas Mancy. It's the
• 0:17
  Speaker 1: trick or treat trifecta. It doesn't get any better. Judge's
• 0:21
  Speaker 1: next Chuck Ingram on fifty five krc HE talks Station Ay.
• 0:26
  Speaker 2: Thirty three to fifty five KRCD talks Station Happy Wednesday
• 0:30
  Speaker 2: always made an extra special thing because Judge entered up Politicano,
• 0:34
  Speaker 2: to whom Chuck Ingram was referring, joins the program and
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  Speaker 2: welcome back here, honor. He's setting you up for disaster.
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  Speaker 2: Judseph Poltanda, Although because you live on a farm in
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  Speaker 2: New Jersey, I have this vision. I've never been to
• 0:45
  Speaker 2: your place before. I don't know where it is, but
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  Speaker 2: I have this vision of this really really sort of
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  Speaker 2: not secluded, but like your nearest neighbors at least a
• 0:54
  Speaker 2: mile or more away. And you've got this driveway that's
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  Speaker 2: about three hundred yards long. So to reach the full
• 1:00
  Speaker 2: sized candy bar and get a pocket constitution with the signature,
• 1:04
  Speaker 2: you're gonna have to make a hell of a journey.
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  Speaker 3: Welcome back here, correct, And I'm in New York and
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  Speaker 3: the farm is in New Jersey. I really thought that
• 1:12
  Speaker 3: Ingram would mention the Bengals Jets game. I was waiting
• 1:16
  Speaker 3: to hear, Oh, God, sorry to raise a sore spot,
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  Speaker 3: how good the Bengals lows to the worst team in football.
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  Speaker 2: Oh, We've become used to that. We always snatched a
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  Speaker 2: defeat from the jaws of victory here in Cincinnati, your honor,
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  Speaker 2: we're just waiting for it to have it. I was
• 1:30
  Speaker 2: so sad about that because everybody in the crowd was
• 1:33
  Speaker 2: so enthusiastic go until the end of the third quarter,
• 1:35
  Speaker 2: and then just just fell off the rail. So anyhow,
• 1:39
  Speaker 2: we're used to disappointment.
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  Speaker 3: Anyway, How are you. It's a pleasure to be with your.
• 1:43
  Speaker 2: Bro Always a pleasure to have you want. I'm always
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  Speaker 2: in a great moved when you're on the program, sir.
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  Speaker 2: And I was actually in a total state of disbelief
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  Speaker 2: with your column, which I'm fortunate enough to get an
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  Speaker 2: early copy out comes out tonight at midnight. Jailed in
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  Speaker 2: America for free speech. I was not familiar with the
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  Speaker 2: subject matter that you got to which you always did,
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  Speaker 2: Larry Buschard and what happened to him. Don't know how
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  Speaker 2: that flew underneath my radar, sir, but this in America
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  Speaker 2: that this happened, is.
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  Speaker 3: To say, a retired twenty four year police corrections officer,
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  Speaker 3: a veteran, not a fan of Charlie Kirk or of
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  Speaker 3: the movement Charlie successfully created and advanced, and after Charlie's unfortunate,
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  Speaker 3: tragic and horrific murder, posted a lot of incendiary statements
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  Speaker 3: critical of Charlie, critical of what this cop believed Charlie believed,
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  Speaker 3: and critical of the people who were mourning his death.
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  Speaker 3: In one of those postings, he quoted something President Trump
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  Speaker 3: said when he was candidate Trump totally out of context.
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  Speaker 3: So now I've got to go back to a year
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  Speaker 3: and a half ago, one of these horrible murders in
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  Speaker 3: a school in Perry County, Iowa. Trump is a candidate.
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  Speaker 3: Two days later, people are saying, you know, we got
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  Speaker 3: to clamp down on Second Amendment rights. And Trump made
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  Speaker 3: a very innocent, what I thought was poignant, excellent statement.
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  Speaker 3: We have to get over it, just like that. Now,
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  Speaker 3: this fella Bushart in the middle of the kerfuffle, that
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  Speaker 3: occurred after the Charlie Kirk murder, where people were losing
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  Speaker 3: their jobs, where foreign students were losing their visas, where
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  Speaker 3: people were being disciplined because of what they said about Charlie.
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  Speaker 3: This fellow Buschhart posts Trump's statement, we got to get
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  Speaker 3: over it. He posts it. Remember the statement was made
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  Speaker 3: about Perry County, Iowa. He posts it in where he lives,
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  Speaker 3: which is Perry County, Tennessee. The local sheriff says, you're
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  Speaker 3: posting something about killing people in the school. You're threatening
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  Speaker 3: mass killings in the Perry County High School. We're going
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  Speaker 3: to arrest you.
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  Speaker 1: Now.
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  Speaker 3: There is simply no connection whatsoever between quoting something candidate
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  Speaker 3: Donald Trump said about a killing in Iowa in twenty
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  Speaker 3: twenty four and the death of Charlie Kirk. There's no
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  Speaker 3: connection whatsoever. How this sheriff's office sheriff, without an investigation,
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  Speaker 3: without an interrogation, without any evidence about the present of
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  Speaker 3: parent ability to do what he says this retired cop
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  Speaker 3: was threatening to do, locked him up, and then the
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  Speaker 3: court imposed a bail of two million dollars. This is
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  Speaker 3: a guy living on a pension, and when his lawyers
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  Speaker 3: asked to have they are reduced. She the judge delayed
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  Speaker 3: their request for two months. This is some sort of
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  Speaker 3: a small town gimmick to impair this guy's First Amendment
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  Speaker 3: rights because he's an irritant and they don't like what
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  Speaker 3: he posts on the Facebook. They don't understand what he wrote.
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  Speaker 3: Guess what. The First Amendment protects speech, even that which
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  Speaker 3: is absurd and unintelligible except to the speaker.
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  Speaker 2: Well, and that the statement that he quoted from Donald
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  Speaker 2: Trump eighteen months prior was not Donald Trump advocating for
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  Speaker 2: school shootings, right son.
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  Speaker 3: Donald Trump advocating for It's a tragedy. Let's turn the
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  Speaker 3: page a perfectly appropriate statement to make about the school
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  Speaker 3: shootings in Iowa and about the death of Charlie Kirk.
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  Speaker 3: So you have a sheriff here, popularly elected, You have
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  Speaker 3: a judge here, popularly elected. You have a base, a
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  Speaker 3: population base probably decidedly pro Kirk. And here is an
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  Speaker 3: opportunity for this sheriff and this judge to burnish their
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  Speaker 3: political credentials by locking somebody up because he exercised the
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  Speaker 3: freedom of speech. I had never heard of this guy.
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  Speaker 3: I had never heard of the sheriff. I never heard
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  Speaker 3: of Perry County, Tennessee until I saw this in the
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  Speaker 3: intercept a website checked it out it's accurate, and decided
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  Speaker 3: I got to write about this because even in small
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  Speaker 3: town America, the freedom of speech can suffer.
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  Speaker 2: And Lord Almighty, Judge Nitta Paulitano, you're on all the time,
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  Speaker 2: You're you know, Judging Freedom podcast, You're on my show,
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  Speaker 2: You're on multitude of different shows. You speak regularly. You
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  Speaker 2: have a free speech right. You know you can exercise it.
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  Speaker 2: But this case illustrates, and so do I. There but
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  Speaker 2: for the grace of God, some corrupt public official who's
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  Speaker 2: got a bone to pick with you can just haul
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  Speaker 2: you off to jail and get a complicit judge to
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  Speaker 2: keep you in jail. You mentioned in the article, what
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  Speaker 2: did it take fifteen minutes to do a bail hearing?
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  Speaker 2: They kicked this bail hearing off, effectively denying of him
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  Speaker 2: of his liberty. Because what pensioner can come up with
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  Speaker 2: even ten percent of two million dollars? They stick him
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  Speaker 2: and jail and keep him there for a couple of months.
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  Speaker 3: How about the Eighth Amendment? Nor shall excessive bail be required?
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  Speaker 3: So in a case in which there's no evidence of violence.
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  Speaker 3: The guy has no criminal record, he as an excellent
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  Speaker 3: record as a police officer and corrections officer in that
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  Speaker 3: county for twenty four years. He lives off his pension
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  Speaker 3: and social security and they're going to impose a bail
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  Speaker 3: of two million dollars as if he were a billionaire.
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  Speaker 2: Yeah, this just.
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  Speaker 3: Smacks of some sort of corruption, not necessarily financial corruption,
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  Speaker 3: but political corruption. And you know, my libertarian friends often
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  Speaker 3: say states rights, states rights, states rights, the states can
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  Speaker 3: be tyrants too. Yes, this is an example of it.
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  Speaker 2: Well, and I don't know a state constitution that doesn't
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  Speaker 2: have a First Amendment in it. All of them do.
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  Speaker 2: That's incorporated into it. And of course it applies the states,
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  Speaker 2: it applies to governments. That this is key First Amendment grounds. Here,
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  Speaker 2: a government cannot deprive you of your freedom of speech.
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  Speaker 2: Now a business can. Going back to your point about
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  Speaker 2: people losing their jobs for posts about Charlie Kirk or
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  Speaker 2: really anything else. You can have your own speech practices
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  Speaker 2: in a private business that isn't funded by government or
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  Speaker 2: working at the behest of government. Sorry, that's the corporate rules,
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  Speaker 2: but not in the case of government or government entities.
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  Speaker 3: Correct, So you know there are some private entities like
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  Speaker 3: Princeton University, almost any university exactly as an example. They
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  Speaker 3: are bound by the Bill of Rights. They agreed to
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  Speaker 3: be bound by the Bill of Rights when they accepted
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  Speaker 3: the federal funds. So they can't discipline a student or
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  Speaker 3: a professor because of what the student or the professor,
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  Speaker 3: or an administrator or even a janitor said. But iHeartRadio, KNEW, Smax,
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  Speaker 3: Fox News, CNN. If they don't like something that one
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  Speaker 3: of us says has happened to all of us, they
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  Speaker 3: could take us off air for a week, or even
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  Speaker 3: under certain circumstances, not pay us for a week. The
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  Speaker 3: government is not involved. We get it, we get it.
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  Speaker 3: The owner of a business can protect the business if
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  Speaker 3: he believes that an employee is adversely impairing the business.
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  Speaker 3: But the government cannot evaluate the content of speech and
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  Speaker 3: say I don't like what he said about Charlie Kirk,
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  Speaker 3: I don't like his use of Trump's language from one
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  Speaker 3: tragedy to another. I'm going to lock him up. Man.
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  Speaker 3: That is an indicator of authoritarianism and a rejection of
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  Speaker 3: basic constitutional values. I didn't mention the sheriff's name. I
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  Speaker 3: don't want to get involved with the guy. But Americans
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  Speaker 3: need to be wary of small people who have the
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  Speaker 3: power to pair of your freedom.
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  Speaker 2: Amen, and we can leave it on that note, Judge.
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  Speaker 2: Editor Paul Tammo brilliant. I can't thank you enough for
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  Speaker 2: bringing this to my attention. I'm a Paul. I thought
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  Speaker 2: I was reading an article about the UK or Germany,
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  Speaker 2: where they don't have a First Amendment. They arrest people
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  Speaker 2: for what they say all the time. This is the
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  Speaker 2: United States, this is Tennessee.
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  Speaker 3: For God's sake, and just to prove I'm a good guy,
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  Speaker 3: go Bengals.
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  Speaker 2: Well, thank you for that. It's like prayer. We could
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  Speaker 2: all use all we can get. Judge.
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  Speaker 3: Do they still have that Italian kid from New Jersey
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  Speaker 3: that they just traded for?
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  Speaker 2: Yeah? Yeah they did. It didn't work out so well
• 10:34
  Speaker 2: for mister Flaco. He needs some help. He's a one
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  Speaker 2: man show. Can't go tolone. It's a team. It's a
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  Speaker 2: team effort, and sometimes there isn't the effort necessary.
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  Speaker 3: Judge. Until as just self bunch and then the wife
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  Speaker 3: of Tom Brady said, after the Giants beat the Patriots
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  Speaker 3: in the for the second time in a row in
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  Speaker 3: the Super Bowl, my husband cannot both throw the blanket
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  Speaker 3: and blank ball and catch the blankety blank bull. You
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  Speaker 3: can fill in the blankety blank.
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  Speaker 2: I figured that one out. Judging freedom. Who's on today,
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  Speaker 2: Judge Enna Polatanou.
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  Speaker 3: The Great scott Rinder at one o'clock this afternoon, How
• 11:12
  Speaker 3: Ukraine is on its last legs, even with all the
• 11:16
  Speaker 3: money the Europeans and the Americans are spending.
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  Speaker 2: There week after week after week, the story stays the same. Yes,
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  Speaker 2: Judge Enna Polatano, next Wednesday will do this again. God
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  Speaker 2: bless you, sir much love my friend eight forty four
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  Speaker 2: here fifty five krs that the talk say, shot me
• 11:32
  Speaker 2: get a quick word in here for prestigion