WEBVTT 1 00:00:07.799 --> 00:00:11.679 Bill Cunningham, the great American rights baseball off today? Have he scored a 2 00:00:11.759 --> 00:00:14.880 total? I think of a total? Are four runs in Fittsburgh. They 3 00:00:14.880 --> 00:00:18.399 were awful off today. Back out of this weekend. Boston Red Sox in 4 00:00:18.480 --> 00:00:21.280 town Friday, Saturday, and Sunday. All the games I think are sold 5 00:00:21.320 --> 00:00:23.879 out of the Red Sox are in town. They just beat up on the 6 00:00:24.000 --> 00:00:27.879 Yankees and see, we'll see where it goes from here. So until then, 7 00:00:27.960 --> 00:00:33.399 Todd McMurtry is a great attorney in northern Kentucky taking on many cases, 8 00:00:33.799 --> 00:00:36.119 and he's got a book out. He has time to write a book called 9 00:00:36.159 --> 00:00:41.359 Dismissed, The Impact of canceled culture and bias Narratives on Justice. And Todd 10 00:00:41.439 --> 00:00:44.920 McMurtry welcome, I think for the first or second time, to the Bill 11 00:00:44.960 --> 00:00:48.000 Cunningham Show. And first of all, Todd, this is an overview as 12 00:00:48.039 --> 00:00:52.799 a practitioner. Have you noticed the efforts of the mainstream media to make delegitimate 13 00:00:53.320 --> 00:00:57.520 the activities of the US Supreme Court. They have decisions coming out today, 14 00:00:57.520 --> 00:01:00.520 in fact almost every day between now and and the next week, they're going 15 00:01:00.560 --> 00:01:03.880 to be more decisions. But as long as the court rules in ways the 16 00:01:03.920 --> 00:01:07.200 mainstream media doesn't like, then they're not legitimate. Have you noticed that? 17 00:01:08.439 --> 00:01:14.079 Absolutely, Bill, It's NonStop. I mean, everything that you see coming 18 00:01:14.120 --> 00:01:17.359 out of the media with regard to the Supreme Court is he either an attack 19 00:01:17.439 --> 00:01:21.519 on a justice or having some conflict of interest which the justice clearly does not 20 00:01:21.599 --> 00:01:26.680 have, or complaining about the conservative makeup of the court and trying to use 21 00:01:26.680 --> 00:01:30.359 that as a basis to say it's decisions or are illegitimate. I'm with you 22 00:01:30.439 --> 00:01:33.599 on that and the other thing. For thirty years or so, the left 23 00:01:33.640 --> 00:01:38.439 wing liberals controlled the Court from like the late nineteen fifties until the nineteen nineties, 24 00:01:38.760 --> 00:01:42.159 and the media at that point were cheerleaders. They put on their skirts 25 00:01:42.200 --> 00:01:44.879 and their pom poms. What a great job they're doing. But when the 26 00:01:44.879 --> 00:01:49.159 court rules unlike what the media desires, and all of a sudden, they're 27 00:01:49.159 --> 00:01:51.680 bought and paid for. In some of the language used by the left, 28 00:01:51.959 --> 00:01:55.680 and that's the left that concerns itself with the tax on democracy. You can't 29 00:01:55.680 --> 00:02:00.319 attack the institutions. Somehow, the institutions of this country are being an attacked 30 00:02:00.359 --> 00:02:05.560 by Donald Trump, But in reality, the media are the ones attacking the 31 00:02:05.599 --> 00:02:08.719 institutions of the US Supreme Court, but tell the American people the book is 32 00:02:08.759 --> 00:02:14.840 out dismissed. It talks about an eye opening analysis of how the court system 33 00:02:14.879 --> 00:02:17.759 has been co opted by special interest, ultimately failing to uphold a study to 34 00:02:17.800 --> 00:02:22.639 the people. Explain the reason for the book, Well, I wrote the 35 00:02:22.680 --> 00:02:25.680 book because after working on the Nick Sammon case and many other cases that I've 36 00:02:25.680 --> 00:02:30.199 had all across the country, I realized that people really need to understand the 37 00:02:30.319 --> 00:02:35.639 root cause of cancel culture. And the root cause of cancel culture is the 38 00:02:35.719 --> 00:02:42.080 existing laws regarding defamation, some laws that protect social media platforms, and a 39 00:02:42.199 --> 00:02:46.000 politicized judiciary. And I talk about all that in the book and give people 40 00:02:46.080 --> 00:02:50.159 real life examples of how to identify these problems and respond to them if they 41 00:02:50.240 --> 00:02:53.360 were to ever arise in their lives. Two years ago, Nick Samon was 42 00:02:53.400 --> 00:02:55.479 simply a college kid. I took the trip. I've been there a couple 43 00:02:55.439 --> 00:03:00.719 of times as a tourist, walking around the ellipse and looking at at the 44 00:03:00.759 --> 00:03:04.599 statues and looking at the monuments, and looking in front of Abraham Lincoln, 45 00:03:04.639 --> 00:03:08.800 the Gettysburg addresses up there. One of the greatest things ever ever penned was 46 00:03:08.840 --> 00:03:14.680 his second inaugural address just before he was murdered, And nonetheless, Nick Salmon 47 00:03:14.759 --> 00:03:17.840 was simply a sixteen or seventeen year old kid that wore a Donald Trump hat 48 00:03:17.840 --> 00:03:22.960 make America Great Again, along with other CUV cathkids, And all he did 49 00:03:23.080 --> 00:03:27.879 was stare at endto the eyes of a protester, who, of course was 50 00:03:27.879 --> 00:03:31.439 a Vietnam War hero, who shall we say, was a left wing social 51 00:03:31.479 --> 00:03:38.800 activist, and the media quickly immediately attacked Catholicism, Trump Nick Salmon and became 52 00:03:38.840 --> 00:03:43.120 the tennis ball back and forth in that case. How does that case kind 53 00:03:43.159 --> 00:03:47.039 of represent what you're saying, Well, it's exactly on point, because you 54 00:03:47.080 --> 00:03:51.840 know, in the book, I talk a lot about other circumstances where people 55 00:03:51.879 --> 00:03:54.199 have suffered a similar fate. You know, you heard about Nick Sammon because 56 00:03:54.199 --> 00:03:58.599 it was national news, But this happens to people all across the country every 57 00:03:58.680 --> 00:04:00.960 day. And once I started getting involved in this area, I saw how 58 00:04:01.039 --> 00:04:06.120 pervasive this problem was, and I thought that people needed to understand exactly how 59 00:04:06.199 --> 00:04:12.439 the law allowed this to happen, how the media perpetuated it, how politicized 60 00:04:12.479 --> 00:04:15.879 courts allowed it to happen. And you know, because it's a bad situation 61 00:04:15.959 --> 00:04:19.839 and it plays out every day all across the country. How's Nick Sanmond doing 62 00:04:19.879 --> 00:04:26.199 today? Has he survived this? He has survived. He is doing well. 63 00:04:26.240 --> 00:04:30.879 He's out of college. He went to Translania University and he's graduated just 64 00:04:30.959 --> 00:04:34.240 recently, and I think he's headed to Washington, d C. To get 65 00:04:34.279 --> 00:04:39.879 involved in politics. Certainly. Yeah, he knows what to do. I 66 00:04:39.920 --> 00:04:43.319 mean, he's been through the whole thing and he's a tough guy now, 67 00:04:43.399 --> 00:04:46.000 so he can handle Washington, d C. What are some of the special 68 00:04:46.079 --> 00:04:51.279 interests that have infected the judiciary? Some of the special interests that have given 69 00:04:51.319 --> 00:04:55.560 the judiciary such a bad name. And they're friends in the media played right 70 00:04:55.560 --> 00:04:59.759 into it constantly, they're like fellow travelers. What are some named some of 71 00:04:59.800 --> 00:05:03.040 this special interest Well, the main thing that I talk about in the book 72 00:05:03.160 --> 00:05:08.319 is the idea that because especially with federal judges, they're appointed, right, 73 00:05:08.360 --> 00:05:13.120 so when they're appointed, they're appointed by Republicans or they're appointed by Democrats, 74 00:05:13.120 --> 00:05:16.439 and each side has its own special interest. You know, the American Constitution 75 00:05:16.600 --> 00:05:20.839 Society talks about our defective constitution that needs to be fixed, and that's on 76 00:05:20.879 --> 00:05:25.959 the progressive left and then on the conservative side, you've got the federalist society 77 00:05:26.000 --> 00:05:29.879 that wants to uphold the constitution. So and then at the state level, 78 00:05:29.959 --> 00:05:32.879 you have a lot of money going into elections. And when people put a 79 00:05:32.920 --> 00:05:36.800 lot of money in a campaign for judge on the Supreme Court of some state, 80 00:05:38.480 --> 00:05:41.160 they're generally hopeful that that judge is going to be, you know, 81 00:05:41.279 --> 00:05:44.680 to the left or to the right. So those are the special interests that 82 00:05:44.720 --> 00:05:47.040 I identify in the book. One of the things happening today in America, 83 00:05:47.120 --> 00:05:51.639 whether it's Northern Kentucky, Ohio, Indiana, is that those rampant increases in 84 00:05:51.680 --> 00:06:00.519 the cost for insurance, complex allegations against banks managing multi million dollar failures of 85 00:06:00.519 --> 00:06:04.600 insurance funds and winning a medical practice jury case. Does the little guys? 86 00:06:04.759 --> 00:06:09.519 Does Tony Bender the little guy have a chance when it goes up against insurance 87 00:06:09.519 --> 00:06:15.040 companies, multinational companies and large banks. Do the Tony Benders of Boone County 88 00:06:15.040 --> 00:06:19.879 Standard Shot Bill? You know? I litigate against big giant law firms all 89 00:06:19.920 --> 00:06:23.720 across the country, and it's a big fight. You know, a little 90 00:06:23.759 --> 00:06:27.120 farm like mine and have to be a scrapper and innovative, and these big 91 00:06:27.120 --> 00:06:30.160 firms come at you with all the resources. So yes, they're definitely outgunned, 92 00:06:30.480 --> 00:06:33.279 but people do have a chance that they can get in the right court, 93 00:06:33.399 --> 00:06:39.279 get a sympathetic judge, get in an area where the jury understands their 94 00:06:39.319 --> 00:06:43.839 plight. Because you still can David can still fight alive in this world. 95 00:06:44.079 --> 00:06:47.600 But often you have to have huge resources to do it, and many people, 96 00:06:47.680 --> 00:06:51.759 of course, the little guy gets hammered by the great companies to tech 97 00:06:51.759 --> 00:06:55.040 and you have to kind of fight. But on the other hand, you 98 00:06:55.079 --> 00:06:58.399 have to have somebody willing to do it, and most of us can't afford 99 00:06:58.439 --> 00:07:02.920 a multi million dollar fund in order to go after institutions in this country that 100 00:07:02.959 --> 00:07:09.240 have failed, and that's another problem. And so you talk about an eye 101 00:07:09.279 --> 00:07:13.600 opening analysis of how the system has been co opted ultimately failing to uphold us 102 00:07:13.680 --> 00:07:16.000 duty. One of the things I noticed is that a CNN reporter with an 103 00:07:16.000 --> 00:07:20.199 Irish accent I went to a mega rally I might have been in New Jersey 104 00:07:20.279 --> 00:07:27.800 in Nevada and talked about a republic that somehow that they talked about the republic 105 00:07:28.199 --> 00:07:30.240 for which it stands, which is in the Pledge of Allegiance and not a 106 00:07:30.279 --> 00:07:35.639 democracy. And this reporter working for CNN with the Irish rogue was mocking MEGA 107 00:07:35.680 --> 00:07:40.519 members and Trump supporters because they talked about us being a republic. Can you 108 00:07:40.600 --> 00:07:46.279 tell the American people the difference between a republic and a democracy. Sure, 109 00:07:46.399 --> 00:07:51.480 republic has representatives that are elected to serve in Congress or to serve in the 110 00:07:51.519 --> 00:07:56.680 Senate, and they elect as representatives to run the country. I think that 111 00:07:56.759 --> 00:08:05.199 democracy implies more of a direct election of people to all forms of government. 112 00:08:05.279 --> 00:08:09.519 So it's you know, that's the way I would see. It's representative government 113 00:08:09.639 --> 00:08:16.040 versus purely direct elections in every circumstance. So America is not a democracy because 114 00:08:16.240 --> 00:08:20.079 if the people, through initiative a referendum wanted to say, okay, the 115 00:08:20.120 --> 00:08:24.240 freedom of the press, freedom of speech, freedom of religion, freedom of 116 00:08:24.279 --> 00:08:26.920 assembly, that doesn't make any sense because the speech being used, we don't 117 00:08:28.000 --> 00:08:31.399 like, the assembly is not really worthwhile. We want to put on the 118 00:08:31.439 --> 00:08:35.320 ballot whether or not you have the practice of your religion, whether that's legitimate 119 00:08:35.399 --> 00:08:39.320 or not. Other countries can simply say, because rights come from government, 120 00:08:39.799 --> 00:08:45.440 you know what we need to put on the ballot, or have the Prime 121 00:08:45.480 --> 00:08:48.679 minister say people don't have the right freedom of speech. It doesn't work in 122 00:08:48.720 --> 00:08:54.080 America that way, because we're not a democracy. We don't directly vote on 123 00:08:54.159 --> 00:08:58.559 the rules and regulations that governors. We elect individuals who go in and they 124 00:08:58.639 --> 00:09:03.200 vote on our behalf in each individual can bring down the system. Explain one 125 00:09:03.240 --> 00:09:07.519 or two cases where a small schlep so so work and stuff brought down the 126 00:09:07.559 --> 00:09:13.080 whole system or change things. Because we're not a democracy, we're a republic. 127 00:09:13.120 --> 00:09:16.320 Way of individual rights guaranteed by the Bill of Rights as persons. What's 128 00:09:16.360 --> 00:09:22.720 an example of that, an example of an individual who could take on the 129 00:09:22.840 --> 00:09:24.759 entire government. Well, I think you look at these big cases. I 130 00:09:24.799 --> 00:09:28.799 mean, look at the I talk about these landmark decisions in my book that 131 00:09:28.879 --> 00:09:31.600 you know, really changed the fate of society. And you know, you've 132 00:09:31.639 --> 00:09:39.399 had all different types of circumstances. Whether it's people supporting same sex marriage, 133 00:09:39.559 --> 00:09:43.399 those individuals may changes in the law. Whether you have people that oppose you 134 00:09:43.399 --> 00:09:46.519 know, federalized abortion, those people may changes in the law. And so 135 00:09:48.039 --> 00:09:52.279 periodically you're able to get a landmark decision where one person can make a major 136 00:09:52.399 --> 00:09:54.440 change in the law. But as you said, in most circumstances, you 137 00:09:54.480 --> 00:09:58.559 know, these things, these laws are decided by are elected representatives, not 138 00:09:58.679 --> 00:10:03.200 saying California where they have ballot initiatives and stuff like that, which would be 139 00:10:03.240 --> 00:10:07.000 a little more of the democracy side. So I think true courts, and 140 00:10:07.399 --> 00:10:09.720 that's what I talk about in the book. I say I wish that the 141 00:10:09.759 --> 00:10:13.080 courts had allowed Nick Sammon his day in court, because that would have been 142 00:10:13.120 --> 00:10:18.360 a circumstance where he could have changed the law, made a big difference and 143 00:10:18.720 --> 00:10:22.360 had a profound effect on society by sending a really strong message you cannot get 144 00:10:22.399 --> 00:10:28.279 away with trashing innocent people's reputations of the way they did to him, And 145 00:10:28.320 --> 00:10:33.440 of course we've seen that in other circumstances too, and the institutions that did 146 00:10:33.480 --> 00:10:39.360 it to him, or CNN, the mainstream media, NBCCBS, PBS, 147 00:10:39.919 --> 00:10:43.679 big city newspapers, they went after a high school kid for having the coyones 148 00:10:45.080 --> 00:10:48.080 to simply stand in front of a Washington monument with a red hat on, 149 00:10:48.279 --> 00:10:56.039 looking into the eyes of a protester Native American protester yelling and screaming at him. 150 00:10:56.360 --> 00:10:58.039 That's all he did. And he said, wait a minute, even 151 00:10:58.039 --> 00:11:01.480 though I'm only seven, I got the right to do this. And he 152 00:11:01.639 --> 00:11:05.120 did not do something that the media wanted him to do which would have fit 153 00:11:05.159 --> 00:11:09.440 their purpose. And secondly, Todd McMurtry, I would say, there was 154 00:11:09.480 --> 00:11:13.200 a guy in Cincinnati who said, you know what, I ought to have 155 00:11:13.279 --> 00:11:18.759 the right to marry my significant other who was another male, and that other 156 00:11:18.840 --> 00:11:24.720 male was in extreme condition in the hospital. He wanted to visit his significant 157 00:11:24.720 --> 00:11:28.679 other, and the system said, you can't do that until you're married. 158 00:11:28.840 --> 00:11:31.720 So this one person, it wasn't the state of Ohio, state of Kentucky, 159 00:11:33.039 --> 00:11:35.360 it wasn't the Federal Society, it wasn't the ACLU, It was one 160 00:11:35.399 --> 00:11:37.960 person. I said, wait a minute, I want to change the law. 161 00:11:39.360 --> 00:11:43.000 And it took five to seven years, but that one person changed the 162 00:11:43.080 --> 00:11:46.279 law by the time I got up to the Supremes. Anthony Kennedy wrote the 163 00:11:46.360 --> 00:11:50.360 opinion that same sex marriage should be the law of the land, and that 164 00:11:50.440 --> 00:11:56.519 one person stood up and he won. Isn't that a good example? Well, 165 00:11:56.600 --> 00:11:58.279 it's an example that I talk about in my book. I do say 166 00:11:58.320 --> 00:12:01.679 that we need people to stand up and we need to push to change some 167 00:12:01.759 --> 00:12:05.480 of these laws that governed defamation that make it so easy for the courts to 168 00:12:05.559 --> 00:12:09.399 dismiss cases like Nick Salmon's. Nick deserved a trial he didn't get it. 169 00:12:09.759 --> 00:12:16.080 Other people in similar circumstances have their cases dismissed by the judge's opinion instead of 170 00:12:16.080 --> 00:12:18.320 by the jury's opinion. So, yes, what you said is a good 171 00:12:18.360 --> 00:12:22.360 example, and there's an opportunity for people to stand up and make good examples 172 00:12:22.639 --> 00:12:26.000 in the area of defamation, cancel culture and things like that. And that's 173 00:12:26.000 --> 00:12:31.320 what I talk about. Lastly, Todd McMurtry. I wrote my JD. 174 00:12:31.480 --> 00:12:35.440 My doctoral dissertation in New York Times versus Sullivan. How is that lawge sayings, 175 00:12:35.679 --> 00:12:39.480 I think it was an act that in nineteen sixty four the US Supreme 176 00:12:39.519 --> 00:12:45.320 Court said that who is a private person, who's a public person? Whether 177 00:12:45.360 --> 00:12:48.919 you have actual malice? Explain how that defamation law has changed from nineteen sixty 178 00:12:48.960 --> 00:12:54.080 four to twenty twenty four. What sixty years later. Well, again, 179 00:12:54.120 --> 00:12:56.679 a lot of this is in the book, so people who get it will 180 00:12:56.720 --> 00:13:01.639 be able to read about about that. The way it's changed is New York 181 00:13:01.679 --> 00:13:07.279 Times versus Sullivan basically took defamation law away from the states and made it a 182 00:13:07.399 --> 00:13:11.840 federal standard, made it the constitutional standard that had never occurred before. It 183 00:13:11.879 --> 00:13:15.360 was a total break with the laws that existed before. I think that's a 184 00:13:15.440 --> 00:13:20.360 bad break because it's created these circumstances where judges can take the cases away from 185 00:13:20.360 --> 00:13:22.200 the jury. I don't think they could have done that pre New York Times 186 00:13:22.279 --> 00:13:28.480 versus Sullivan. You've seen that New York Times Versus Sullivan's standard expand. First 187 00:13:28.480 --> 00:13:31.960 it just related to government officials, and then it relates to public figures, 188 00:13:31.960 --> 00:13:37.759 and then it relates to limited purpose public figures. And now you have involuntary 189 00:13:37.840 --> 00:13:41.120 public figures. So anybody from the top to the bottom can almost be thrown 190 00:13:41.200 --> 00:13:46.519 under the bus of the actual malice standard created by New York Times versus Sullivan. 191 00:13:46.799 --> 00:13:50.879 And so it has evolved and it has taken on more weight as time 192 00:13:50.919 --> 00:13:52.360 has gone by. And that's one of the things I say in the book. 193 00:13:52.519 --> 00:13:56.960 We need to have some changes to put more power back in the hands 194 00:13:56.000 --> 00:14:01.320 of the juries and to protect innocent people like Nick Sanmon and others who have 195 00:14:01.360 --> 00:14:09.279 also been subjected to this from the law and from politicized courts. So that's 196 00:14:09.360 --> 00:14:11.279 the gist of the book right there. Well, Todd McMurtry, it's a 197 00:14:11.279 --> 00:14:16.039 great book. It's only called dismissed. Do you have any questions for me 198 00:14:16.080 --> 00:14:18.960 about sports politics? World capitals. Maybe the rule in Shelley's case, they 199 00:14:20.039 --> 00:14:26.120 really Agan's perpetuities, something that's confused you over the years. No, No, 200 00:14:26.799 --> 00:14:28.600 I'm just prepared to talk about my book and hope that I hope that 201 00:14:28.679 --> 00:14:31.440 the listeners will go out there. You can find it on Amazon, you 202 00:14:31.440 --> 00:14:35.759 can find it on Google Play. You'll be able to find it in Barnes 203 00:14:35.759 --> 00:14:39.879 and Noble, you know, audiobook, kindle, book, hardcover. All 204 00:14:39.879 --> 00:14:43.960 you got to do is search Todd McMurtry dismissed, and you'll be able to 205 00:14:43.000 --> 00:14:48.919 find it. In an area dominated by cancer culture bias, narratives, mainstream 206 00:14:48.000 --> 00:14:52.120 media bias, and corporate interest. The common citizen, the schleps of our 207 00:14:52.159 --> 00:14:58.039 society find themselves silenced and penalized. And that's the way it is. But 208 00:14:58.360 --> 00:15:01.600 Todd, you're out there tilbing again those windmills. The book is dismissed and 209 00:15:01.639 --> 00:15:05.120 it's everywhere. Todd McMurtry. Once again, thank you for coming on the 210 00:15:05.159 --> 00:15:09.759 Bill Cunningham Show. And Todd, because you fight so hard for average Americans, 211 00:15:09.919 --> 00:15:11.600 I'm going to make you the Bill Cunningham Citizen of the Day. And 212 00:15:11.639 --> 00:15:16.320 you're a great American, outstanding. Thank you, Bill. I love it. 213 00:15:16.440 --> 00:15:18.919 God bless America. Let's continue with more if the line becomes available. 214 00:15:18.919 --> 00:15:22.159 Five one, three, seven, four, nine, seven thousand red s 215 00:15:22.159 --> 00:15:26.600 Baseball off Tonight. It takes one person standing up against the weight of the 216 00:15:26.639 --> 00:15:30.720 federal government and say I object. And if you get a lawyer like Todd 217 00:15:30.759 --> 00:15:35.399 to take your case and pursue it for years, that one person can overturn 218 00:15:35.440 --> 00:15:39.960 the entire system if done correctly. Bill Cunningham, News Radio seven hundred WLW. 219 00:15:41.240 --> 00:15:45.480 Your Summer of savings starts now with tips and solutions from Duke Energies.