WEBVTT 1 00:00:00.680 --> 00:00:04.040 You're listen Saints KFI AM six forty, the Bill Handles 2 00:00:04.080 --> 00:00:09.320 show on demand on the iHeartRadio FFI Handle here and 3 00:00:09.599 --> 00:00:12.519 the Morning Crew. It is a Monday morning, October twenty eighth. 4 00:00:13.160 --> 00:00:16.839 Week from tomorrow is the presidential election. Man, it is 5 00:00:17.079 --> 00:00:22.440 going to be just insane this year, I mean beyond insane. 6 00:00:22.679 --> 00:00:24.480 To give you an example, I'm going to talk more 7 00:00:24.480 --> 00:00:26.800 about this in the next day or two. To give 8 00:00:26.839 --> 00:00:33.200 you an example, over one hundred lawsuits have already been filed. 9 00:00:34.520 --> 00:00:36.039 In this presidential election. 10 00:00:36.640 --> 00:00:40.640 Can you imagine what's going to happen at the end 11 00:00:40.679 --> 00:00:41.320 of the election. 12 00:00:41.439 --> 00:00:43.200 We're not going to know for several days who wins 13 00:00:43.320 --> 00:00:44.840 or not. Tell you one thing, we know for a. 14 00:00:44.799 --> 00:00:47.320 Fact that well, I know for a fact Donald Trump 15 00:00:47.320 --> 00:00:50.359 will not accept. If Kamala Harris wins, simply will not 16 00:00:50.439 --> 00:00:53.799 accept it. Is there a chance that she's not going 17 00:00:53.799 --> 00:00:57.640 to accept? Smaller And I just can't wait for this 18 00:00:57.679 --> 00:00:59.439 thing to blow up. And I'm going to talk about it. 19 00:00:59.439 --> 00:01:01.000 I think tomorrow we're going to talk about what are 20 00:01:01.000 --> 00:01:06.599 the possibilities, and I'm going to talk about Halloween coming up. 21 00:01:06.879 --> 00:01:09.159 But first let's talk about polling, because all this week 22 00:01:09.159 --> 00:01:12.439 we're going to pay attention to the polls, and here 23 00:01:12.519 --> 00:01:17.560 are the perception about polls and models of polling. These 24 00:01:17.560 --> 00:01:20.359 are raw snapshots of public opinion. 25 00:01:20.519 --> 00:01:21.560 This is what it is. 26 00:01:21.719 --> 00:01:24.760 Here's what happened yesterday when a recent poll was taken. 27 00:01:26.120 --> 00:01:28.599 Well, those aren't snapshots. 28 00:01:28.680 --> 00:01:34.719 That's simply false because the data, real data, is massaged 29 00:01:35.079 --> 00:01:42.840 based on possibly reasonable results, just judgments made by polsters 30 00:01:42.840 --> 00:01:48.079 and forecasting stages who interpret and adjust the numbers before 31 00:01:48.079 --> 00:01:51.519 presenting them to the public. And this happens all the time, 32 00:01:52.280 --> 00:01:55.359 where you have these numbers that are looked at and 33 00:01:55.560 --> 00:01:57.200 then they are massage. 34 00:01:57.319 --> 00:01:58.599 You don't get raw numbers. 35 00:01:59.480 --> 00:02:04.840 What we yet numbers after the pollsters have done their polling, 36 00:02:04.879 --> 00:02:06.840 have done the questioning. Then we have to look at 37 00:02:06.920 --> 00:02:10.639 what was the question, how was it asked, who answered it, 38 00:02:11.120 --> 00:02:15.080 and try to break that down, break that down demographically. 39 00:02:16.680 --> 00:02:18.400 So it's become really difficult. 40 00:02:18.439 --> 00:02:23.439 Even sampling random sampling in the digital age have become 41 00:02:23.800 --> 00:02:27.479 very difficult, even more so, which means that without the 42 00:02:27.479 --> 00:02:31.159 corrections they put in there, the numbers wouldn't be representative. 43 00:02:32.199 --> 00:02:37.240 And therefore everything that's representative or everything that's told to 44 00:02:37.319 --> 00:02:41.080 us includes a margin for error, right plus plus or 45 00:02:41.439 --> 00:02:47.639 minus three points. Well, we really don't know. We have 46 00:02:47.719 --> 00:02:50.680 no idea. What we do see is the end product. 47 00:02:50.719 --> 00:02:53.960 For example, let's say Donald Trump in one of the 48 00:02:54.000 --> 00:02:59.000 battleground states has fifty point two percent, not fifty point 49 00:02:59.080 --> 00:03:03.800 three percent. Fifty point two percent. What the hell does 50 00:03:03.800 --> 00:03:06.639 that mean? Does that mean that's his chance of winning 51 00:03:06.680 --> 00:03:11.960 the presidency? Fifty point two with a three percent margin 52 00:03:12.039 --> 00:03:17.280 of error? Okay, that's nothing. So these you think, then 53 00:03:17.479 --> 00:03:20.400 therefore forty seven to fifty one or forty eight to 54 00:03:20.439 --> 00:03:22.719 fifty one, Therefore it's a real number. 55 00:03:22.800 --> 00:03:27.120 It is not. It gives us an impression of certainty. 56 00:03:27.680 --> 00:03:32.199 There is no certainty. Now. Early American polls, I'm gonna 57 00:03:32.199 --> 00:03:32.960 give you a little bit of. 58 00:03:33.000 --> 00:03:39.280 History here, were completely unscientific, but you look at them 59 00:03:39.280 --> 00:03:41.759 and you go, wow, they were right on. For example, 60 00:03:42.240 --> 00:03:45.759 earliest part of the twentieth century, there was a magazine 61 00:03:45.759 --> 00:03:51.560 called The Literary Digest, which sent sample ballots to millions 62 00:03:51.599 --> 00:03:54.879 of its readers. That's how they would figure out to 63 00:03:55.000 --> 00:03:58.479 its readers. And to give you an idea of how 64 00:03:58.520 --> 00:04:02.159 many people sent those ballots. By the way, the magazine 65 00:04:02.159 --> 00:04:05.639 correctly predicted the winner of every presidential election from nineteen 66 00:04:05.879 --> 00:04:10.680 sixteen to nineteen thirty six, and this is just sending 67 00:04:10.759 --> 00:04:17.399 out sample ballots. And in thirty six Franklin Roosevelt ran 68 00:04:17.439 --> 00:04:21.920 against alf Landon and the Digests sent out ten million 69 00:04:22.000 --> 00:04:26.759 sample batlets and receive two point four million back. This 70 00:04:26.839 --> 00:04:32.160 is a response rate of twenty four percent. Today, if 71 00:04:32.240 --> 00:04:37.199 polsters get a two percent response rate, that's considered insanely good. 72 00:04:37.560 --> 00:04:41.800 Twenty four percent. So based on those here's what the 73 00:04:41.839 --> 00:04:47.560 Digest predicted. FDR would receive forty one percent of the 74 00:04:47.639 --> 00:04:53.480 vote and he would be slaughtered by alf Landon. Instead 75 00:04:53.519 --> 00:04:56.319 of forty one percent of the vote, FDR gets sixty 76 00:04:56.439 --> 00:05:00.720 one percent of the vote. It was a land slide, 77 00:05:00.879 --> 00:05:03.600 I mean a massive landslide. 78 00:05:03.639 --> 00:05:06.639 So why what happened? Why did the poll fail? 79 00:05:07.800 --> 00:05:11.639 Well, here's who they here's who answered the polls, and 80 00:05:11.680 --> 00:05:13.399 here's who read the Digest. 81 00:05:14.040 --> 00:05:14.319 Right. 82 00:05:14.920 --> 00:05:18.879 They got their people from directories of automobile and telephone 83 00:05:18.879 --> 00:05:23.439 ownership during the depression. Guests who owned telephones and cars 84 00:05:23.560 --> 00:05:28.560 during the depression wealthy people. Matter of fact, during the Depression, 85 00:05:28.560 --> 00:05:31.199 there were people didn't have electricity. This is when the 86 00:05:31.199 --> 00:05:36.800 Tennessee Valley Authority, established by FDR, electrified the entire Tennessee Valley, 87 00:05:36.800 --> 00:05:41.680 which had no electricity, and so what happened was land 88 00:05:41.720 --> 00:05:45.839 and supporters were far more likely to send back their 89 00:05:45.879 --> 00:05:49.759 samples and FDR reporters, making the poll not just completely 90 00:05:49.839 --> 00:05:53.120 useless but wildly misleading. 91 00:05:53.560 --> 00:05:58.279 And because of that you had more scientific. 92 00:05:57.720 --> 00:06:00.439 Polls that were created, like the one that was neered 93 00:06:00.480 --> 00:06:03.680 by George Gallup. And we're gonna look at poles all week, 94 00:06:05.160 --> 00:06:08.920 and we think that polls within the margin three points 95 00:06:09.040 --> 00:06:12.560 up or down are legitimate, which means that everything is 96 00:06:12.560 --> 00:06:15.360 there dead heat right now. But the reality is polls 97 00:06:15.720 --> 00:06:19.240 aren't really that scientific, even though they're getting more and 98 00:06:19.360 --> 00:06:24.199 more scientific. So the logic of quote a scientific poll 99 00:06:24.920 --> 00:06:29.800 is pretty straightforward. You get a truly random sample from 100 00:06:29.800 --> 00:06:34.560 a broad range of the population in which every person 101 00:06:35.120 --> 00:06:38.120 has about an equally likely chance of being included. 102 00:06:37.720 --> 00:06:40.439 In the poll. Then you pull the stats out. 103 00:06:41.079 --> 00:06:43.399 Obviously, if you've got one hundred million voters or one 104 00:06:43.480 --> 00:06:47.040 hundred and fifty million voters, you can't very well poll 105 00:06:47.079 --> 00:06:49.519 one hundred and fifty million people, so you. 106 00:06:49.480 --> 00:06:50.680 Pull a sampling. 107 00:06:51.439 --> 00:06:54.680 And here is the scary part which I've never understood. 108 00:06:55.600 --> 00:06:59.079 The pollsters tell us, if a poll is done well, 109 00:06:59.800 --> 00:07:05.920 you can get a legitimate poll with about twelve hundred respondents. 110 00:07:06.879 --> 00:07:08.360 The way Nielsen. 111 00:07:07.920 --> 00:07:13.279 Works in terms of for example, television, right, Let's say 112 00:07:13.319 --> 00:07:15.560 you have one hundred million people or one hundred and 113 00:07:15.560 --> 00:07:20.319 twenty million people watching television on a given night. They'll 114 00:07:20.360 --> 00:07:25.040 ask twelve hundred people what they're watching, and based on that, 115 00:07:26.040 --> 00:07:28.720 you now have a show that is number one or 116 00:07:28.800 --> 00:07:29.720 number forty five. 117 00:07:31.800 --> 00:07:34.920 And you go, that's crazy. Well that's what they say. 118 00:07:35.199 --> 00:07:41.399 It's significant if it's truly a random samples. However, how 119 00:07:41.399 --> 00:07:46.720 do you get them? Okay, telephone book and you call them, 120 00:07:47.160 --> 00:07:53.560 or you have a voter registration the roles of voter registration. 121 00:07:53.680 --> 00:07:56.000 I know people that will not register to vote because 122 00:07:56.000 --> 00:07:58.600 they don't want to be on jury duty, which means 123 00:07:58.600 --> 00:07:59.399 they're never going. 124 00:07:59.279 --> 00:08:02.480 To be asked. How many of those does that skew 125 00:08:02.560 --> 00:08:07.480 the poll could be? And how about those that say 126 00:08:07.480 --> 00:08:08.319 it's a telephone. 127 00:08:09.120 --> 00:08:11.000 You're looking at a phone now that they're done on 128 00:08:11.079 --> 00:08:13.279 cell phones, you don't see the number. 129 00:08:13.319 --> 00:08:16.959 Are you gonna answer the poll? No, because you're gonna 130 00:08:16.959 --> 00:08:18.759 recognize the number. You're not going to answer the phone. 131 00:08:19.240 --> 00:08:21.680 When I answer the phone and it's a polster, I go, 132 00:08:21.720 --> 00:08:23.120 I'm not interested in taking the poll. 133 00:08:23.519 --> 00:08:28.360 It takes too long, not interested, and so the numbers 134 00:08:28.360 --> 00:08:29.680 are completely skewed. 135 00:08:31.279 --> 00:08:32.960 And here's one, here's a great one. 136 00:08:33.720 --> 00:08:36.279 There was a study out of the University College London 137 00:08:37.000 --> 00:08:41.759 and tested various methods found in eighty two percent of 138 00:08:41.799 --> 00:08:48.960 participants in a survey lied about themselves to either get 139 00:08:49.000 --> 00:08:51.600 into the poll because it makes them feel important, or 140 00:08:51.639 --> 00:08:54.000 to get paid. And they do pay a small amount 141 00:08:54.039 --> 00:08:58.279 of money. I think the radio pollsters, don't they, Neil, 142 00:08:58.399 --> 00:09:00.440 you were involved in that for a peer time when 143 00:09:00.480 --> 00:09:04.480 you were in management looking at the ratings. Weren't people 144 00:09:04.639 --> 00:09:08.799 in the days we had diaries, people would write down 145 00:09:08.799 --> 00:09:11.519 Because we didn't have the technology, people just write down 146 00:09:11.559 --> 00:09:12.240 what they wrote. 147 00:09:13.120 --> 00:09:14.720 I don't know that we're allowed to talk about it, 148 00:09:14.799 --> 00:09:15.399 quite honestly. 149 00:09:15.600 --> 00:09:18.759 I'm talking about history. Are we not allowed to talk 150 00:09:18.759 --> 00:09:20.799 about what happened historically? 151 00:09:20.840 --> 00:09:23.720 All right? I'll give it to you. All right. 152 00:09:24.240 --> 00:09:29.600 So here's the bottom line, based on information that KFI 153 00:09:29.759 --> 00:09:35.039 has gotten scientifically. Nobody listens to this show, but thank 154 00:09:35.080 --> 00:09:36.519 you very much for not listening. 155 00:09:37.120 --> 00:09:38.440 Am I allowed to say that, Neil? 156 00:09:41.200 --> 00:09:44.600 Does it matter if I say yes or no what 157 00:09:44.639 --> 00:09:48.120 you're going to say? And the other thing that happens 158 00:09:48.120 --> 00:09:50.799 in polling and I'll finish up with this to give 159 00:09:50.799 --> 00:09:54.000 you an idea of just how weird it is. Different 160 00:09:54.039 --> 00:09:58.320 demographics have different weights. What does waiting mean based on 161 00:09:58.399 --> 00:10:02.200 the fact that certain group of people respond to polls 162 00:10:02.440 --> 00:10:06.759 in different percentages? For example, what they go after White 163 00:10:06.759 --> 00:10:13.600 people they respond in x percent. Hispanics respond fewer that 164 00:10:13.639 --> 00:10:14.720 are asked for the polling. 165 00:10:14.799 --> 00:10:15.759 They're weighted more. 166 00:10:16.159 --> 00:10:20.480 In other words, you have fifty whites, they are weighted 167 00:10:21.639 --> 00:10:25.440 less than fifty Hispanics because the Hispanics. 168 00:10:25.480 --> 00:10:28.240 I'm just throwing something out. It's not necessarily Hispanics or anything. 169 00:10:28.000 --> 00:10:32.399 But just different demographics are weighted differently, where the numbers 170 00:10:32.480 --> 00:10:35.080 may point out to one thing, but the waiting is different. 171 00:10:35.320 --> 00:10:41.720 Waiting weight like in weights. And so this whole thing 172 00:10:42.600 --> 00:10:45.919 is so difficult to understand. 173 00:10:46.480 --> 00:10:50.519 It's so there's so statistics involved, so many statistics involved, 174 00:10:51.200 --> 00:10:56.919 that the world of polling is so insanely complicated. Oh 175 00:10:56.960 --> 00:11:00.679 here's the other thing. How about this. Every campaign has 176 00:11:00.720 --> 00:11:05.600 their own pollsters. There are Democratic pollsters that work for 177 00:11:05.679 --> 00:11:09.480 the Democratic Party, and there are Republican polsters that work 178 00:11:09.960 --> 00:11:15.799 for the Republican Party. And the best story about polling is, 179 00:11:16.000 --> 00:11:18.519 I think who I'm trying to remember who The pollster 180 00:11:18.679 --> 00:11:23.159 was for Jimmy Carter. But over the weekend he told 181 00:11:23.279 --> 00:11:25.240 Jimmy Carter was in pretty good shape with Ronald Reagan. 182 00:11:25.360 --> 00:11:29.320 Polling wise, it was pretty close. And it all collapsed 183 00:11:29.320 --> 00:11:30.399 over the weekend. 184 00:11:30.480 --> 00:11:33.559 Before the vote, and he had to tell Jimmy Carter, 185 00:11:33.679 --> 00:11:34.679 you're going to lose the race. 186 00:11:36.279 --> 00:11:37.879 And Carter wouldn't believe him. 187 00:11:39.279 --> 00:11:41.600 He said, look at my look at what's going on. 188 00:11:41.720 --> 00:11:44.080 You know, look at how close we are. And the 189 00:11:44.080 --> 00:11:47.240 pollster said, uh uh, your polls. 190 00:11:46.960 --> 00:11:51.440 Are collapsing, and he was right, So there are. And 191 00:11:51.440 --> 00:11:52.720 I don't know why I threw that in there. It's 192 00:11:52.759 --> 00:11:54.320 just a great little bit of history. I wanted to 193 00:11:54.320 --> 00:11:57.440 share with you. But as we look at the polls, 194 00:11:57.600 --> 00:11:58.679 keep in mind. 195 00:11:58.919 --> 00:12:03.159 That, yeah, well they can be wrong big time. Look 196 00:12:03.159 --> 00:12:06.759 at the polls that were with Look at Hillary versus 197 00:12:07.320 --> 00:12:08.879 Donald Trump in twenty sixteen. 198 00:12:10.039 --> 00:12:11.600 I'm the one that says she's gonna win. Look at 199 00:12:11.600 --> 00:12:12.440 the poles she's gonna win. 200 00:12:12.519 --> 00:12:14.480 Look at the polls, and the last minute it turned 201 00:12:14.480 --> 00:12:15.799 around for a whole bunch of reasons. 202 00:12:16.159 --> 00:12:17.519 All Right, we're gonna talk more. 203 00:12:17.360 --> 00:12:19.600 About the polls coming up over this path over this 204 00:12:19.679 --> 00:12:24.120 next week, because well this election is completely completely insane. 205 00:12:24.799 --> 00:12:26.759 And this is when it's a good thing to be 206 00:12:26.759 --> 00:12:30.080 involved in the world of talk on radio because we 207 00:12:30.120 --> 00:12:32.559 get to play with this thing like very few people do. 208 00:12:32.679 --> 00:12:34.799 All right, hey, why don't we do this? Do they 209 00:12:34.799 --> 00:12:37.600 have a case with Wayne and me? Wayne, just go 210 00:12:37.840 --> 00:12:38.480 right into it. 211 00:12:38.679 --> 00:12:39.240 Yes, we have. 212 00:12:39.440 --> 00:12:42.120 You're gonna love this case. Two law firms. Learner and 213 00:12:42.320 --> 00:12:44.159 Row is one of them. The other one is the 214 00:12:44.240 --> 00:12:47.360 Accidental Law Group. Didn't they write a musical Learner in Row, 215 00:12:48.960 --> 00:12:53.840 great musician? Most one of them did. Okay, So the 216 00:12:53.879 --> 00:13:00.399 Accident Law Group engages in what's called conquesting. This is 217 00:13:00.480 --> 00:13:05.399 where you buy a search term on Google in the 218 00:13:05.480 --> 00:13:08.840 name of your competitor, so that when people search for 219 00:13:08.879 --> 00:13:13.120 your competitor, they will be directed first in the search 220 00:13:13.200 --> 00:13:16.320 results to your website. And this is what the Accident 221 00:13:16.360 --> 00:13:19.159 Law Group did. They bought Learner and Row as a 222 00:13:19.200 --> 00:13:21.720 search term. Now, of course, Learner and Row is trademarked 223 00:13:21.720 --> 00:13:24.919 by Learner and Row, so as you might imagine, Learner 224 00:13:24.960 --> 00:13:28.480 and Row said, uh, we are suing you for trademarked infringement, 225 00:13:28.679 --> 00:13:32.840 violating the Lanham Act and the Accident And one thing 226 00:13:32.840 --> 00:13:35.919 you should know about conquesting is in and of itself, 227 00:13:36.000 --> 00:13:40.600 it's totally legal and it is quite common. So the 228 00:13:40.639 --> 00:13:46.440 Accident Law Group says, we have done nothing wrong because, yes, 229 00:13:46.559 --> 00:13:51.440 it's true, when people search for you, they're the first 230 00:13:51.440 --> 00:13:52.720 search result is US. 231 00:13:52.799 --> 00:13:53.480 That's true. 232 00:13:54.039 --> 00:13:57.480 But once they click on us, we in No, it's 233 00:13:57.600 --> 00:13:58.759 very clear it's us. 234 00:13:58.879 --> 00:14:01.919 It's very clear it's not you. It's very clear it's us. 235 00:14:02.240 --> 00:14:07.200 Therefore, there is no consumer confusion, and you must have 236 00:14:07.360 --> 00:14:11.720 consumer confusion to be in violation of the Lanham Act 237 00:14:11.720 --> 00:14:19.519 and have a trademark claim. So the lower court says, yeah, 238 00:14:19.639 --> 00:14:22.720 I mean, it's maybe underhanded in some way, but it's 239 00:14:22.759 --> 00:14:26.519 not illegal. So Learner and Row go up to the 240 00:14:26.600 --> 00:14:30.039 Ninth Circuit Court of Appeals and so what do you 241 00:14:30.080 --> 00:14:33.519 think about this? That is, if the resulting website does 242 00:14:33.559 --> 00:14:36.200 not in any way misrepresent itself. 243 00:14:37.600 --> 00:14:40.399 This gets really interesting because there's a couple points here 244 00:14:40.440 --> 00:14:41.200 I want to bring up. 245 00:14:42.000 --> 00:14:43.080 It certainly has. 246 00:14:42.960 --> 00:14:48.360 A smell test issue where it appears underhanded and sleezy, 247 00:14:48.519 --> 00:14:51.759 and they're not even saying it's not underhanded and sleazy. 248 00:14:52.600 --> 00:14:55.159 What it is is it's not confusing, and the law 249 00:14:55.240 --> 00:14:58.080 does not prohibit us from doing that. One of the 250 00:14:58.080 --> 00:15:02.559 things the court could say, is there's no violation here, 251 00:15:02.600 --> 00:15:05.480 and if Congress wants to pass something that is violative 252 00:15:05.600 --> 00:15:09.000 of law, pass the law that says you cannot do that, 253 00:15:09.600 --> 00:15:09.919 and that. 254 00:15:09.879 --> 00:15:13.080 Would be the easiest way out. I am, Oh, it's 255 00:15:13.120 --> 00:15:14.919 interesting which way I'm going to argue. 256 00:15:15.320 --> 00:15:20.720 I think their argument that it is not confusing and 257 00:15:20.840 --> 00:15:24.879 confusion has to be an issue. I think that that 258 00:15:25.320 --> 00:15:29.919 is going to prevail, even though it is the sleaziest 259 00:15:30.000 --> 00:15:30.879 underhanded thing. 260 00:15:31.159 --> 00:15:31.960 It has happened to me. 261 00:15:32.080 --> 00:15:35.519 By the way, just to let you know, you've gone 262 00:15:36.039 --> 00:15:40.639 there are places where my name has been and it 263 00:15:40.679 --> 00:15:45.559 immediately goes to a law firm that you know, I 264 00:15:45.799 --> 00:15:47.759 have nothing to do with, and they do things that 265 00:15:47.799 --> 00:15:50.000 I go, what are you doing? And they that's exactly 266 00:15:50.039 --> 00:15:55.320 what they did. Now you know, was there any confusion, Well, yeah, 267 00:15:55.360 --> 00:15:58.320 there's all kinds of confusion confusing me with the law 268 00:15:58.360 --> 00:16:00.480 in any way that's legitimate. 269 00:16:00.519 --> 00:16:06.120 I get that. But I think what the court said, 270 00:16:06.200 --> 00:16:06.720 and this is. 271 00:16:08.480 --> 00:16:14.840 I think they went on the language of the statute 272 00:16:15.799 --> 00:16:21.159 that did not make that any kind of violation and 273 00:16:21.279 --> 00:16:23.840 agree that it was horrible. And I would say they said, 274 00:16:23.879 --> 00:16:26.000 if Congress wants to change it, they can change it. 275 00:16:26.080 --> 00:16:28.519 That's my take on that what happened? All right, that's 276 00:16:28.519 --> 00:16:29.120 pretty good. 277 00:16:29.200 --> 00:16:31.639 Now I'm going to give you just a statistic here 278 00:16:31.679 --> 00:16:34.600 from the case, because, as you know, Learner and Row 279 00:16:34.679 --> 00:16:40.159 would have to prove there was confusion. So they were 280 00:16:40.200 --> 00:16:43.840 able to get one hundred and nine thousand, three hundred 281 00:16:43.840 --> 00:16:48.240 and twenty two specific times that somebody searched for Learner 282 00:16:48.240 --> 00:16:51.679 and Row and instead ended up at an alg website, 283 00:16:52.320 --> 00:16:56.360 and in two hundred and thirty six of those instances, 284 00:16:56.960 --> 00:17:00.840 the caller mentioned Learner in Row even though they were 285 00:17:00.879 --> 00:17:05.480 talking to Accident Law Group, which is a zero point 286 00:17:05.720 --> 00:17:10.759 two one percent of the total number of consumers that 287 00:17:10.880 --> 00:17:11.839 were conquested. 288 00:17:12.200 --> 00:17:13.240 Yeah, that makes good. 289 00:17:14.240 --> 00:17:18.119 You feel stronger that there was not really actionable confusion. 290 00:17:18.240 --> 00:17:20.240 Yeah. I think that's a good argument, saying there were 291 00:17:20.279 --> 00:17:23.480 so few that uh, and that's the only data out there. 292 00:17:23.519 --> 00:17:26.640 There were so few that were that actually were confused. 293 00:17:27.359 --> 00:17:30.759 Uh. We were voting or were ruling in favor of 294 00:17:30.839 --> 00:17:34.240 Learner and Learner and Low who wrote South Pacific. 295 00:17:35.000 --> 00:17:39.759 It's actually Accident Law Group that wins. They're the conquests, right. 296 00:17:39.640 --> 00:17:41.640 That's what I That's what I basically didn't I say 297 00:17:41.640 --> 00:17:42.079 that that's. 298 00:17:41.920 --> 00:17:44.680 Exactly what you wanted to make your your Learner and 299 00:17:44.759 --> 00:17:46.160 Low jokes. 300 00:17:46.160 --> 00:17:49.880 So yeah, that's what I say against. 301 00:17:49.680 --> 00:17:52.680 Learner and Low, who wrote so many beautiful musicals. Yeah 302 00:17:53.680 --> 00:17:55.279 all right, all right, well you got that one right. 303 00:17:55.400 --> 00:17:58.279 Yeah, it's and that's a that's a little wonky and 304 00:17:58.480 --> 00:17:59.359 really interesting. 305 00:17:59.400 --> 00:18:01.480 This is what I love about this segment is you 306 00:18:01.640 --> 00:18:02.519 come up with these. 307 00:18:02.400 --> 00:18:06.519 Cases, have you made sure that you have purchased or 308 00:18:06.559 --> 00:18:09.640 the people behind Handle on the Law have purchased Handle 309 00:18:09.680 --> 00:18:12.640 on the Law on Google? Have you purchased Yeah, I 310 00:18:12.960 --> 00:18:16.039 have Bill Handles show podcast on Google. 311 00:18:16.160 --> 00:18:18.000 Yes, yes, somebody else. 312 00:18:18.119 --> 00:18:20.039 And the point is that none of that is a 313 00:18:20.200 --> 00:18:24.359 referral service, and it goes to referral services that are 314 00:18:24.400 --> 00:18:28.559 other people. And yeah, it's just really sleazy, to say 315 00:18:28.559 --> 00:18:28.960 the least. 316 00:18:30.000 --> 00:18:34.039 Okay, guys walking down the street with some friends celebrating 317 00:18:34.079 --> 00:18:39.319 his birthday. There's some street musicians playing in a parking lot, 318 00:18:39.440 --> 00:18:42.839 so this group stops to listen to the street musicians, 319 00:18:43.400 --> 00:18:48.480 and here comes Sergeant Reginald Beasley Detroit p D, who, 320 00:18:48.759 --> 00:18:52.119 for reasons that may never be known, is walking past 321 00:18:52.160 --> 00:18:55.240 them with a couple of other officers and says to 322 00:18:55.319 --> 00:18:58.000 these four people who are standing on the sidewalk watching 323 00:18:58.000 --> 00:19:01.240 the musicians and I'll have to censor it. But he goes, 324 00:19:01.440 --> 00:19:04.799 he just walks by and he goes keep that ass moving. 325 00:19:07.400 --> 00:19:12.240 So the birthday boy engages him in a little conversation 326 00:19:12.400 --> 00:19:15.160 about like why are you talking to us like that? 327 00:19:16.599 --> 00:19:21.039 And then Sergeant Beasley says, you need to keep moving. 328 00:19:22.240 --> 00:19:25.599 So the birthday boy says, what why why can't we 329 00:19:25.680 --> 00:19:28.960 just stand on the sidewalk, And then Sergeant Beasley says, 330 00:19:29.079 --> 00:19:33.640 you have five seconds to get moving, and the birthday 331 00:19:33.640 --> 00:19:40.119 boy says, or what? And then Sergeant Beasley goes five four, 332 00:19:41.000 --> 00:19:47.000 three and on two, grabs the guy's arm and pulls 333 00:19:47.000 --> 00:19:49.400 his handcuffs out with the other hand, which is not 334 00:19:49.559 --> 00:19:52.000 fair because he said the guy had to the count 335 00:19:52.000 --> 00:19:58.119 of five. So one of the friends grabs the guy. 336 00:19:58.240 --> 00:20:03.599 Here the plaintiff grabs his arm, pulls him away, walks 337 00:20:03.680 --> 00:20:09.400 him away from Sergeant Beasley, and then the birthday Boy's 338 00:20:09.519 --> 00:20:12.319 girlfriend comes over to him and they're you know, she's 339 00:20:12.359 --> 00:20:18.599 trying to like, hey man, let's not cause a scene whatever. Meanwhile, 340 00:20:18.680 --> 00:20:22.680 Sergeant Beasley has decided it's taser time, so he pulls 341 00:20:22.720 --> 00:20:23.440 out his taser. 342 00:20:23.480 --> 00:20:24.920 He's pointing it at these two. 343 00:20:25.480 --> 00:20:30.200 The girlfriend has her arms around her boyfriend a hug. Now, 344 00:20:30.240 --> 00:20:33.799 I know you don't like hugs bill generally speaking, but 345 00:20:34.240 --> 00:20:39.079 this sergeant apparently didn't like other people hugging. So while 346 00:20:39.160 --> 00:20:45.680 the girlfriend is hugging her boyfriend, whose back is turned 347 00:20:45.799 --> 00:20:50.279 to the sergeant, Sergeant Beasley tases him right in the back, 348 00:20:51.279 --> 00:20:56.279 and then they're both arrested for a resisting arrest. Now, 349 00:20:56.319 --> 00:20:58.680 they actually went to a trial and were acquitted. 350 00:21:00.319 --> 00:21:05.079 How it comes? How does the prosecution even go there? 351 00:21:05.759 --> 00:21:08.119 I mean, based on what you said, and then there 352 00:21:08.119 --> 00:21:12.599 are witnesses and I don't even see how that's going there. 353 00:21:12.960 --> 00:21:18.279 Well, probably because Sergeant Beasley's side of the story is 354 00:21:18.359 --> 00:21:22.279 that the birthday boy was resisting arrest. 355 00:21:22.680 --> 00:21:28.359 Okay, but why was he being arrested? You got me? Okay. 356 00:21:29.359 --> 00:21:34.319 This is now the lawsuit against sergeant Beasley for excessive force. 357 00:21:34.720 --> 00:21:40.240 He wants qualified immunity. I didn't violate anybody's constitutional right. 358 00:21:40.319 --> 00:21:43.599 He was resisting arrest, so I tasted him, I'll have 359 00:21:43.640 --> 00:21:46.400 you know. And this will probably wrap up the presentation. 360 00:21:47.000 --> 00:21:50.519 The law in the Sixth Circuit is an officer can 361 00:21:50.640 --> 00:21:58.160 taste somebody if they're actively resisting arrest, which requires violence 362 00:21:58.880 --> 00:22:05.160 or a show of force or hostile language, coupled with 363 00:22:06.599 --> 00:22:09.119 failing to comply with an officer's commands. 364 00:22:09.799 --> 00:22:10.519 If it is. 365 00:22:12.680 --> 00:22:17.400 Passive resistance, you are not allowed to tasee somebody. So, 366 00:22:17.640 --> 00:22:23.279 hearing what happened and Sergeant Beasley saying I should get 367 00:22:23.319 --> 00:22:28.319 qualified immunity because he was actively resisting arrest, what do 368 00:22:28.400 --> 00:22:31.640 you think the Sixth Circuit did, given the description of 369 00:22:31.680 --> 00:22:32.960 the facts that I've just given you. 370 00:22:33.079 --> 00:22:36.160 Okay, unless this is a trick question, no, I promise you, 371 00:22:38.559 --> 00:22:39.599 I don't in my pocket. 372 00:22:39.720 --> 00:22:43.000 I don't see how he could would be able to 373 00:22:43.359 --> 00:22:46.680 claim immunity, not only based on the facts as you 374 00:22:46.839 --> 00:22:51.720 describe him, but let's say there actually was some kind of. 375 00:22:51.599 --> 00:22:54.400 A basis of immunity, something you could hang your hat on. 376 00:22:55.119 --> 00:22:59.720 In the most minor way, Beasley's acts were so egregious 377 00:23:00.759 --> 00:23:05.440 that even if qualified immunity would somehow connect in the 378 00:23:05.480 --> 00:23:09.920 most minor way, he's gone beyond the pale in terms 379 00:23:09.960 --> 00:23:14.559 of the egregiousness factor. So I think, I mean, that's 380 00:23:15.119 --> 00:23:16.680 that's an easy one. I don't see how he could 381 00:23:16.680 --> 00:23:17.599 possibly prevail one. 382 00:23:17.640 --> 00:23:20.000 Of course, no, theF the officer now will face a 383 00:23:20.079 --> 00:23:21.720 lawsuit for excessive force. 384 00:23:21.799 --> 00:23:23.319 And how does he stay a lot. 385 00:23:23.359 --> 00:23:26.279 How does he stay at an officer under those circumstances? 386 00:23:26.319 --> 00:23:30.240 Now you know there's there are police officers who are 387 00:23:30.279 --> 00:23:32.519 adjudicated against and stay on the force. 388 00:23:32.759 --> 00:23:34.119 I mean, we don't at this point. 389 00:23:34.160 --> 00:23:37.359 We don't know right now the lawsuit goes forward, we 390 00:23:37.400 --> 00:23:38.480 don't know what's going to happen. 391 00:23:38.559 --> 00:23:41.039 We don't know what the Detroit PD is going to do. 392 00:23:41.480 --> 00:23:43.680 But these people who were just trying to enjoy a 393 00:23:43.680 --> 00:23:45.519 birthday were really put through a lot of Hell. 394 00:23:45.960 --> 00:23:48.400 Yeah, immediately when you said it's taser time, I was 395 00:23:48.440 --> 00:23:50.559 thinking of mc hammer and. 396 00:23:52.319 --> 00:23:55.480 The cops starting to dance around it's taser time. 397 00:23:55.599 --> 00:23:58.880 All right, We'll talk again next week at eight point 398 00:23:58.880 --> 00:24:02.400 thirty once again. Thanks way, all right, that's it, We're done, guys. 399 00:24:02.599 --> 00:24:05.480 Tomorrow morning we start all over again at five am 400 00:24:05.640 --> 00:24:08.319 wake up call with Amy and then Neil and I 401 00:24:08.400 --> 00:24:11.119