WEBVTT 1 00:00:00.640 --> 00:00:04.000 You're listening to KFI AM six forty the Bill Handles 2 00:00:04.000 --> 00:00:08.560 show on demand on the iHeartRadio f kf I AM 3 00:00:08.759 --> 00:00:11.480 six forty Bill Handle. Oh yes, it is a Monday, 4 00:00:11.519 --> 00:00:18.039 November fourth, coming up tomorrow, November fifth, Tuesday, and we 5 00:00:18.199 --> 00:00:25.679 elect a president or not. So here is the real problem, 6 00:00:25.839 --> 00:00:29.239 and this is crazy. Look at the contradiction here, and 7 00:00:29.280 --> 00:00:36.880 that is the more careful the election system is, the 8 00:00:36.880 --> 00:00:42.479 more oversight, the more safeguards are put in place, the 9 00:00:42.600 --> 00:00:47.159 quicker the recounts are established, and just take it may 10 00:00:47.280 --> 00:00:49.799 just take longer because of the new rules that are 11 00:00:49.840 --> 00:00:53.920 set up just to make it safer. Okay, with that 12 00:00:54.039 --> 00:00:56.200 in mind, here's the contradiction I'm gonna throw at you. 13 00:00:57.439 --> 00:01:01.600 Taking longer to make sure it it's safe is really 14 00:01:01.640 --> 00:01:06.319 about taking longer to commit the fraud. It's easier to 15 00:01:06.359 --> 00:01:09.200 commit fraud when you have more time to commit fraud. 16 00:01:10.040 --> 00:01:13.000 So therefore it should go quicker. But wait a minute, 17 00:01:13.000 --> 00:01:19.079 if it goes quicker, then you can't catch the fraud. Wow, 18 00:01:20.280 --> 00:01:24.159 isn't that special? And unless the polls are completely wrong, 19 00:01:24.879 --> 00:01:27.560 and they can be because they had been wrong before. 20 00:01:27.640 --> 00:01:31.239 Look what happened with Hillary and Donald Trump in twenty sixteen. 21 00:01:32.719 --> 00:01:36.439 All these changes, the overhaul of election laws since the 22 00:01:36.439 --> 00:01:39.680 pandemic has put us in a whole new set of rules, 23 00:01:41.280 --> 00:01:43.719 and so a lot of the problem is the delay, 24 00:01:43.799 --> 00:01:45.879 which is going to be delayed because of the patchwork 25 00:01:45.920 --> 00:01:50.680 of rules and how votes are counted, especially in battleground states. 26 00:01:52.560 --> 00:01:55.439 So it is a double hit. We're going to be 27 00:01:55.480 --> 00:02:00.200 really careful. We've made it really difficult to commit any 28 00:02:00.359 --> 00:02:03.599 kind of malfeasons, but it takes time to make sure 29 00:02:03.760 --> 00:02:06.120 it's all in place, and then of course that gives 30 00:02:06.159 --> 00:02:09.240 time for us to commit the fraud. I mean, we're 31 00:02:09.280 --> 00:02:11.719 a custom turning on our TV at least late into 32 00:02:11.759 --> 00:02:14.199 election night and seeing some kind of winner, you know, 33 00:02:15.159 --> 00:02:19.000 prediction from one of the networks. Well, that's no longer 34 00:02:19.000 --> 00:02:23.199 a thing. Change behavior about voters, how we cast our ballots, 35 00:02:23.840 --> 00:02:27.159 the rules that have changed. When mail ballots, for example, 36 00:02:27.199 --> 00:02:29.960 can be tallied, you know, when can they be counted 37 00:02:30.039 --> 00:02:34.080 starting the night of the election, before the election, because 38 00:02:34.080 --> 00:02:35.879 you can do mail in ballots as long as a 39 00:02:35.919 --> 00:02:40.400 month before. Can they be counted before that? It's all different. 40 00:02:40.960 --> 00:02:43.840 By the way, when does that vote count when you 41 00:02:43.879 --> 00:02:46.719 do a mail in? Is it when it's postmarked? Is 42 00:02:46.719 --> 00:02:50.319 it when it arrives at the polling center or at 43 00:02:50.319 --> 00:02:53.719 the counting center. Don't know about that either, different rules, 44 00:02:53.719 --> 00:02:56.360 different places, and in lawsuits of course are hitting, which 45 00:02:56.400 --> 00:02:59.680 is going to delay everything. As of yesterday, seventy six 46 00:02:59.719 --> 00:03:03.319 million Americans have voted, either through mail ballots or in 47 00:03:03.360 --> 00:03:07.319 person early voting. They set up booths, and several states 48 00:03:07.560 --> 00:03:11.759 have reported record breaking early returns, including two that are critical, 49 00:03:11.840 --> 00:03:15.319 Georgia and North Carolina. More than four million Georgians have 50 00:03:15.400 --> 00:03:18.960 cast ballots as a Friday, much further or much greater 51 00:03:19.039 --> 00:03:23.319 in numbers than prior elections. Secretary of State Brad Rafinsberger, 52 00:03:23.400 --> 00:03:26.919 who of course very famous for not caving into Donald 53 00:03:26.960 --> 00:03:30.280 Trump when Trump said, find me eleven thousand votes, he said, 54 00:03:30.319 --> 00:03:34.319 Georgia voters, No, We've made it easy to cast a ballot. 55 00:03:34.360 --> 00:03:36.560 It's just that simple. That's why we have so many 56 00:03:36.560 --> 00:03:40.919 more people voting California. Not that it matters in the 57 00:03:41.000 --> 00:03:44.919 presidential because we know Kamala Harrison has it. We now 58 00:03:46.439 --> 00:03:48.560 use mail in ballots. We send mail in ballots to 59 00:03:48.639 --> 00:03:53.560 every registered voter. By the way, everybody's register too. If 60 00:03:53.599 --> 00:03:57.680 you get a driver's license, you're registered. And that also 61 00:03:57.719 --> 00:04:02.000 happens in the number of battleground states, so it is 62 00:04:03.319 --> 00:04:10.400 really dicey now. In various states before, for example Georgia, 63 00:04:10.960 --> 00:04:13.759 they didn't even start counting until all of the votes, 64 00:04:13.879 --> 00:04:17.079 or didn't start counting until the votes were the last 65 00:04:17.160 --> 00:04:20.120 day of voting before, which means they started counting. It 66 00:04:20.160 --> 00:04:24.360 took a little while. There's the conspiracy theories, fraud. Michigan 67 00:04:24.639 --> 00:04:28.360 was fraud. And if tomorrow's election is going to be close, 68 00:04:28.399 --> 00:04:32.000 and it's going to be close, be prepared again. The 69 00:04:32.079 --> 00:04:36.079 lawsuits are already being prepared, They've already been filed. And 70 00:04:36.120 --> 00:04:39.399 this is why I have such a horrible time with 71 00:04:39.439 --> 00:04:45.279 this election and the legitimate argument that there really is 72 00:04:45.319 --> 00:04:50.600 an attack on democracy. There really is. The attack on 73 00:04:50.680 --> 00:04:54.319 democracy is really simple, and that is those of Trump's supporters, 74 00:04:54.399 --> 00:04:56.000 not all of them, not all of them, but enough 75 00:04:56.040 --> 00:04:59.680 of them. And trump position is, we will not have 76 00:04:59.720 --> 00:05:04.279 a fair election unless he wins. Democracy in this country 77 00:05:04.439 --> 00:05:10.279 is about bringing Donald Trump back. Not bringing Donald Trump 78 00:05:10.319 --> 00:05:13.519 back back back is a violation of the Constitution of 79 00:05:13.519 --> 00:05:18.399 the United States. And unfortunately, so many people, so many 80 00:05:18.399 --> 00:05:22.920 people believe that. I mean, isn't it possible that we 81 00:05:23.000 --> 00:05:26.920 have a fair election where the real winner is elected president? 82 00:05:27.040 --> 00:05:32.000 Not anymore, doesn't exist anymore. That's the part that's so 83 00:05:32.079 --> 00:05:34.240 depressing for me. Forget about in the policy. I mean, 84 00:05:34.279 --> 00:05:38.079 I disagree with Trump on reproductive rights. I agree with 85 00:05:38.199 --> 00:05:41.399 him on a lot of what he does in terms 86 00:05:41.399 --> 00:05:45.439 of foreign policy. I agree a lot of what he 87 00:05:45.519 --> 00:05:51.639 does with China. I disagree with Kamala Harris on a 88 00:05:51.720 --> 00:05:54.480 lot of stuff. I mean, you know, taxes are her 89 00:05:54.480 --> 00:05:56.839 favorite friend. Where she going to get the money to 90 00:05:56.879 --> 00:05:59.480 do a tenth of what she's saying she's going to 91 00:05:59.480 --> 00:06:03.879 do without making the bank. That's all BS politics. But 92 00:06:04.000 --> 00:06:07.000 what isn't BS politics is to argue that we do 93 00:06:07.040 --> 00:06:10.439 not have fair elections in this country, especially because of 94 00:06:10.480 --> 00:06:14.879 the accusations, because of votes being so close, all of 95 00:06:14.879 --> 00:06:20.120 the safeguards. The safer our elections are, and they're getting 96 00:06:20.160 --> 00:06:25.279 safer and safer more secure, the bigger the argument that 97 00:06:25.519 --> 00:06:31.040 they are fraudulent to the point where if it can 98 00:06:31.079 --> 00:06:36.439 be established that virtually every vote is legitimate, there's gonna 99 00:06:36.439 --> 00:06:37.839 be a few there aren't. You got one hundred fifty 100 00:06:37.839 --> 00:06:40.439 million votes out there. So let's say we set up 101 00:06:40.519 --> 00:06:44.160 a system where it is so secure, it is so crazy, 102 00:06:45.199 --> 00:06:50.480 that every vote is counted legitimately that in and of 103 00:06:50.519 --> 00:06:56.120 itself is fraudulent because Trump loses or if Trump loses, 104 00:06:58.680 --> 00:07:01.439 you know, there's the attack democracy. Do I care if 105 00:07:01.480 --> 00:07:04.439 Trump wins or loses? Well, yeah, but you know, I'm 106 00:07:04.480 --> 00:07:08.639 willing to accept that. You know, yeah, I'm fine with that. 107 00:07:08.720 --> 00:07:10.959 You know, welcome to America. Like the Supreme Court, people 108 00:07:10.959 --> 00:07:13.600 are bitching and moaning about the conservative members of the 109 00:07:13.600 --> 00:07:15.560 Supreme Court. Oh my god, look what he did, three 110 00:07:15.639 --> 00:07:19.319 member conservative members. Hey, read the constitution, guys. You know, 111 00:07:20.279 --> 00:07:25.560 a president nominates the Senate confirms what else is going on? Well, 112 00:07:25.560 --> 00:07:28.160 I shouldn't have done that. He's the president. Of course 113 00:07:28.160 --> 00:07:32.879 he should do that. That's who he is. But the 114 00:07:32.879 --> 00:07:36.680 rest of it, No free elections in this country unless 115 00:07:36.720 --> 00:07:42.279 there's a Republican win. That's scary. That is scary. All right. Now, 116 00:07:42.360 --> 00:07:44.240 let me tell you a group of people that are 117 00:07:44.279 --> 00:07:49.279 really affected by virtually every local ordinance that's passed, every 118 00:07:49.399 --> 00:07:52.879 proposition that's passed out there. It seems the homeless people. 119 00:07:53.560 --> 00:07:56.199 Homeless people are affected, and you know what they don't do. 120 00:07:56.240 --> 00:07:59.920 They don't vote. And why Well, let's start with home 121 00:08:00.000 --> 00:08:06.279 homelessness maybe arguably being the biggest problem facing California, certainly 122 00:08:06.519 --> 00:08:09.079 it is. If you talk to Karen Bass who ran 123 00:08:10.079 --> 00:08:14.319 on the platform of homelessness. Paul Caruso, her opponent, ran 124 00:08:14.360 --> 00:08:19.600 a homelessness Gavin Newsom elected on his promise and his 125 00:08:19.759 --> 00:08:23.319 debt dealing with homelessness his second time out. What was 126 00:08:23.360 --> 00:08:28.959 the biggest problem in California homelessness? And so the very 127 00:08:29.000 --> 00:08:32.600 people that are affected about being affected by being homeless, 128 00:08:32.639 --> 00:08:36.840 who happen to be the homeless, they don't vote. And 129 00:08:36.919 --> 00:08:41.559 it's not that they are purposely kept from voting. I mean, 130 00:08:41.600 --> 00:08:43.759 I don't think anybody is purposely kept out of the 131 00:08:43.840 --> 00:08:48.679 voting booth. I think or mail. I think it's so 132 00:08:48.879 --> 00:08:51.840 I do know, I know it is that you have 133 00:08:51.879 --> 00:08:55.320 to have an address, don't you. Let's say you do 134 00:08:55.360 --> 00:08:58.480 a mailing ballot. We're going to send a ballot to you. Now, 135 00:08:58.559 --> 00:09:02.399 do you know that you can't have as an address 136 00:09:02.799 --> 00:09:06.000 for mailing purposes, for the vote purposes, to ballot purposes. 137 00:09:06.480 --> 00:09:10.480 You can have a po box, okay, you can have 138 00:09:10.559 --> 00:09:16.120 a homeless shelter. That makes sense. And this one absolutely 139 00:09:16.120 --> 00:09:18.720 stunned me when I saw this. You can have the 140 00:09:18.879 --> 00:09:25.000 cross streets on as a mailing address, the corner of 141 00:09:25.240 --> 00:09:30.960 Fourth and Maine, No no, yes, yes, yes, you want 142 00:09:31.000 --> 00:09:33.360 to look this up. This comes out of cal Matters. 143 00:09:34.039 --> 00:09:36.039 And you know when I say stuff like that, I 144 00:09:36.080 --> 00:09:39.440 don't just make it up. I mean I attribute it. 145 00:09:39.440 --> 00:09:42.200 It's as col Matters that came up with this and 146 00:09:42.279 --> 00:09:46.360 cal Matters when you talk about voting issues, no one 147 00:09:46.399 --> 00:09:52.000 really argues about the efficacy of this. So those ballots 148 00:09:52.000 --> 00:09:57.000 can be mailed and you'd registered to vote shelter Cross 149 00:09:57.000 --> 00:10:00.559 Street of the Park Street sidewalk where they in the night, 150 00:10:02.399 --> 00:10:09.080 which is interesting because people don't usually send their addresses 151 00:10:09.120 --> 00:10:13.000 as a street corner. Now they can't register there, but 152 00:10:13.039 --> 00:10:16.919 they can vote out of there. Now. Of course voters 153 00:10:16.960 --> 00:10:19.639 can get who don't do a mailing can go to 154 00:10:19.679 --> 00:10:23.559 a polling place. But again, homeless people, and do homeless 155 00:10:23.600 --> 00:10:26.600 people lack transportation? You bet they do. But here is 156 00:10:26.639 --> 00:10:29.240 another issue which we don't think about very often, and 157 00:10:29.279 --> 00:10:33.039 this was my dealing with homeless my brother's ex fiancee 158 00:10:34.399 --> 00:10:37.879 who I found on the street. She had been living 159 00:10:37.879 --> 00:10:40.960 on the streets for three years when we found her, 160 00:10:41.840 --> 00:10:45.879 and it's a horrific story, and we ended up putting 161 00:10:45.879 --> 00:10:48.279 her in a hotel and she ended up getting governmental 162 00:10:48.279 --> 00:10:51.919 services worked out. But as she explained it she couldn't 163 00:10:51.919 --> 00:10:54.759 get a night's sleep when I always had to be open, 164 00:10:54.840 --> 00:10:56.759 and that's on the sidewalk, which is really easy to 165 00:10:56.840 --> 00:10:59.440 sleep on it because afraid of her stuff being stolen, 166 00:11:00.279 --> 00:11:05.039 afraid of being assaulted. The thought of leaving her stuff 167 00:11:06.360 --> 00:11:09.240 on the sidewalk and going someplace was impossible because it 168 00:11:09.240 --> 00:11:13.000 would all be stolen by other homeless people. And so 169 00:11:13.080 --> 00:11:17.320 the thought of going to a polling place without bringing 170 00:11:17.399 --> 00:11:24.840 everything with you is very difficult. So limited access to 171 00:11:24.919 --> 00:11:27.120 voting information because what do you do on the street, 172 00:11:27.879 --> 00:11:29.679 and you've got a bunch of other things to worry 173 00:11:29.679 --> 00:11:34.159 about tomorrow. I've already voted by mail. But the day 174 00:11:34.200 --> 00:11:36.840 I voted by mail, and it was last week sometime, 175 00:11:37.399 --> 00:11:40.080 I didn't worry about where my next meal was coming from. 176 00:11:40.960 --> 00:11:43.159 I didn't worry about where I was going to sleep 177 00:11:44.279 --> 00:11:48.080 that night. Did I worry about you ripping me off? Well, 178 00:11:48.120 --> 00:11:49.960 of course, that's why I have the German shepherds that 179 00:11:50.000 --> 00:11:52.440 eat people in the alarm systems. But that is a 180 00:11:52.440 --> 00:11:54.440 different issue completely, right, Neil. 181 00:11:55.679 --> 00:11:57.480 Yes, yes, yeah. 182 00:11:57.519 --> 00:12:01.799 The point is it's very very difficult for homeless people 183 00:12:01.840 --> 00:12:05.840 to vote, and it turns out that where you've got 184 00:12:06.639 --> 00:12:11.879 thirty forty to fifty percent voting record, and depending on 185 00:12:11.919 --> 00:12:15.039 the state, depending on which county with the homeless, it's 186 00:12:15.039 --> 00:12:17.840 way less than ten percent. I am surprised it's even 187 00:12:17.919 --> 00:12:22.720 ten percent of the homeless people who actually vote. And 188 00:12:22.759 --> 00:12:25.360 how much do you know? Do the homeless people pay 189 00:12:25.360 --> 00:12:29.200 attention to politics? Do they watch CNN? Do they watch Fox? 190 00:12:29.919 --> 00:12:34.679 Do they have access to the internet. I'm reading two 191 00:12:34.759 --> 00:12:37.120 papers a day, three papers a day, while I'm doing 192 00:12:37.120 --> 00:12:40.480 the show during the breaks, while I'm making my coffee, 193 00:12:40.519 --> 00:12:44.759 while I'm cooking up my fritatas, while I'm eating my bagels, 194 00:12:45.480 --> 00:12:47.720 while I'm going to the bathroom. This show actually gets 195 00:12:47.720 --> 00:12:49.639 in the way of this of my life. Have you 196 00:12:49.679 --> 00:12:53.360 noticed how often I have said that, yes, yes, yeah, 197 00:12:53.480 --> 00:12:57.759 it just really gets in the way sometimes. But at 198 00:12:57.840 --> 00:13:02.679 least I get my information. Okay, since it is Monday 199 00:13:02.759 --> 00:13:05.360 and it is the last half hour the show, it 200 00:13:05.519 --> 00:13:07.799 is time for a couple of segments of do they 201 00:13:07.799 --> 00:13:12.840 have a case? With Wayne and Me? So let's dive 202 00:13:13.039 --> 00:13:14.759 right into do they have a case? 203 00:13:15.200 --> 00:13:19.600 All right, but masseltov to you one down, one to go. 204 00:13:19.879 --> 00:13:24.600 Yeah, he's referring to my daughter Barbara Handel, who is 205 00:13:24.639 --> 00:13:30.919 now Barbara handle Penny. That's what no. I literally, no, 206 00:13:31.080 --> 00:13:35.759 that's Brandon's last name. So she is now missus Penny. 207 00:13:35.799 --> 00:13:40.200 And okay, it's done, and now I go for my 208 00:13:40.240 --> 00:13:43.600 next one. I'm telling her. Actually I did that when 209 00:13:43.639 --> 00:13:45.840 I did my speech. I turned to Pamela and said, 210 00:13:46.919 --> 00:13:49.879 what I'm spending tonight. This is for both of you. 211 00:13:49.879 --> 00:13:51.679 Yours is going to be in Las Vegas in front 212 00:13:51.679 --> 00:13:55.480 of an Elvis impersonator. Enjoy yourself tonight. Okay, let's do 213 00:13:55.559 --> 00:13:56.240 it all right. 214 00:13:56.919 --> 00:13:59.200 I don't know if you remember many years ago there 215 00:13:59.240 --> 00:14:01.600 was a television for Dirt Devil Vacuums that. 216 00:14:01.559 --> 00:14:04.320 Foh yes, I do remember, dare yes. 217 00:14:04.720 --> 00:14:07.159 Dancing around with a vacuum cleaner. 218 00:14:07.519 --> 00:14:10.000 It was controversial at the time because fred Astaire had 219 00:14:10.039 --> 00:14:13.080 said in his will that he didn't want anything. 220 00:14:12.759 --> 00:14:13.879 Like that to ever happen. 221 00:14:14.320 --> 00:14:18.919 But he died and his widow did give permission, so 222 00:14:19.120 --> 00:14:23.879 Dirt Devil was allowed to use Fred Astaire dancing with 223 00:14:23.960 --> 00:14:27.720 a vacuum. Now we come to a lady from ELLINOI 224 00:14:28.039 --> 00:14:33.320 named Elizabeth Huston, who is suing Hurst Communications, the publisher 225 00:14:33.360 --> 00:14:39.120 of many magazines, including Good Housekeeping, who says they used 226 00:14:39.159 --> 00:14:45.519 her identity against her will in violation of Illinoi's. 227 00:14:44.960 --> 00:14:46.840 Right of Publicity Act. 228 00:14:47.080 --> 00:14:50.679 Most states have a law like this company cannot use 229 00:14:50.759 --> 00:14:54.279 your name or likeness without your permission in order to 230 00:14:54.360 --> 00:14:57.679 sell their stuff. Now, what she's talking about is a 231 00:14:57.759 --> 00:15:02.559 list that Hurst sells of all the subscribers to all 232 00:15:02.600 --> 00:15:06.919 of their publications. Nine point one million people on this list, 233 00:15:07.240 --> 00:15:11.679 and they sell it to data miners and aggregators and brokers. 234 00:15:12.279 --> 00:15:14.559 And the idea is they get your information, they see 235 00:15:14.600 --> 00:15:17.720 what you subscribe to, and then they send you ads 236 00:15:17.799 --> 00:15:23.080 in the mail direct mail advertising. So she says, you 237 00:15:23.320 --> 00:15:27.480 are using my identity without my permission in order to 238 00:15:27.600 --> 00:15:32.399 promote Good Housekeeping, which, by the way, I'm still having 239 00:15:32.440 --> 00:15:34.759 trouble believing this bill even though it is in a 240 00:15:34.840 --> 00:15:39.799 published Seventh Circuit Court of Appeals opinion. Good Housekeeping itself 241 00:15:39.879 --> 00:15:42.799 has over one point seven million subscribers. 242 00:15:44.399 --> 00:15:46.120 So that's her claim. 243 00:15:47.159 --> 00:15:51.360 Good Housekeeping and hearst for their side, They say, Okay, 244 00:15:52.240 --> 00:15:53.559 we admit. 245 00:15:53.679 --> 00:15:56.519 For sure you are on this list that. 246 00:15:56.399 --> 00:16:01.799 We sell, and we admit we didn't get your permission 247 00:16:02.919 --> 00:16:06.480 to put your name on this list. However, you have 248 00:16:06.559 --> 00:16:10.360 no case because we're not doing it. We're not using 249 00:16:10.399 --> 00:16:11.720 you for a commercial purpose. 250 00:16:12.240 --> 00:16:12.759 Understood. 251 00:16:13.759 --> 00:16:16.039 She says, of course you are. You're selling this, you're 252 00:16:16.080 --> 00:16:20.080 selling this list. And they say, we're not using you 253 00:16:21.480 --> 00:16:23.679 to sell the list. 254 00:16:24.639 --> 00:16:28.759 You are the list. So it's different. 255 00:16:29.120 --> 00:16:33.720 Fred Astare dancing with a vacuum is clearly using fred 256 00:16:33.759 --> 00:16:37.639 Astare to sell a vacuum. We're not using you holding 257 00:16:37.679 --> 00:16:41.120 up the list and saying you love the list, you're 258 00:16:41.240 --> 00:16:41.679 the list. 259 00:16:43.440 --> 00:16:46.200 You're not using you for a commercial purpose. Yeah, does 260 00:16:46.279 --> 00:16:47.559 she have a case? 261 00:16:47.759 --> 00:16:50.600 Oh this gets this is really interesting stuff. So now 262 00:16:51.639 --> 00:16:54.559 first first argument, because I'm sure the court hasn't seen 263 00:16:54.600 --> 00:16:59.360 this before, is does her activities fall within the definition 264 00:16:59.440 --> 00:17:02.159 of that law? Okay, that's what the courts have to 265 00:17:02.200 --> 00:17:05.200 deal with when we really don't know and see if 266 00:17:05.240 --> 00:17:07.359 I tell me if the court was going this way 267 00:17:07.359 --> 00:17:10.400 of thinking, and that is, the court quite often, in 268 00:17:10.519 --> 00:17:14.480 absence of anything else, will look at legislative intent. What 269 00:17:14.680 --> 00:17:18.160 do we think the intent of the legislature was when 270 00:17:18.200 --> 00:17:23.240 they passed this law. Is it the way you described 271 00:17:23.240 --> 00:17:27.160 that fred Astaire dancing where it's there's no issue where 272 00:17:27.160 --> 00:17:32.359 it's very clear cut, or does it encompass her situation 273 00:17:32.559 --> 00:17:39.559 about these mailing lists? And that is the issue of 274 00:17:40.039 --> 00:17:43.319 just the very definition of using her name, her likeness, 275 00:17:43.400 --> 00:17:46.799 certainly her name. Then there's two other issues. One is 276 00:17:47.160 --> 00:17:50.720 simply practicality. If she has a case, one point eight 277 00:17:50.759 --> 00:17:54.880 million people have cases, they can all sue. Okay, So 278 00:17:55.000 --> 00:17:58.519 that just blows everything up, And there are a couple 279 00:17:58.559 --> 00:18:01.240 of ways of dealing with if the courts could even 280 00:18:01.359 --> 00:18:05.960 argue this legislature can saying that Good Housekeeping simply has 281 00:18:06.000 --> 00:18:08.839 to send to all of its subscribers. You opt out, 282 00:18:08.880 --> 00:18:11.640 we can't share the list, which is in the way 283 00:18:11.680 --> 00:18:14.720 that it's going. I am going to argue she does 284 00:18:14.839 --> 00:18:18.640 not have a case because it does not fall within 285 00:18:18.839 --> 00:18:22.119 the parameters of the law that was written. This is 286 00:18:22.400 --> 00:18:25.440 brand new stuff, way outside of the law, and for 287 00:18:25.519 --> 00:18:28.279 her to try to cram it into the existing law 288 00:18:28.440 --> 00:18:31.079 doesn't fly. That's the way I would interpret it. 289 00:18:31.839 --> 00:18:33.000 Oh well, so did they? 290 00:18:33.400 --> 00:18:37.039 Wow, Yeah, she has no case and this really is 291 00:18:38.160 --> 00:18:41.240 this law? You said, what's paramount here is the intent 292 00:18:41.279 --> 00:18:43.880 of the law. The intent of the law is to 293 00:18:43.960 --> 00:18:47.720 protect people from having their identity used to make it 294 00:18:47.759 --> 00:18:52.119 seem as if they are endorsing some kind of product 295 00:18:52.240 --> 00:18:55.279 or service when they never gave permission to be used 296 00:18:55.279 --> 00:18:59.440 that way. What she has is some kind of data 297 00:18:59.640 --> 00:19:02.440 private to see gripe that. 298 00:19:02.720 --> 00:19:06.519 Well, I don't like you. I don't want to be on. 299 00:19:06.440 --> 00:19:08.839 This list, right, which is a totally. 300 00:19:08.480 --> 00:19:12.079 Different marketers, Well, that's a different it's a completely different issue. 301 00:19:12.119 --> 00:19:14.680 And and to your point, yes, there should certainly be 302 00:19:14.759 --> 00:19:18.200 a way to opt out of your information being shared 303 00:19:18.240 --> 00:19:19.480 on this list, and for. 304 00:19:19.519 --> 00:19:20.880 All I know, there is. 305 00:19:21.640 --> 00:19:25.440 And she just got a lawyer who went down the 306 00:19:25.480 --> 00:19:28.599 wrong road and really went all the way down to 307 00:19:28.640 --> 00:19:30.160 the end of the road and lost. 308 00:19:30.400 --> 00:19:32.599 And it would be up to the legislature to make 309 00:19:32.799 --> 00:19:36.000 that law, which they are doing, as you said, across 310 00:19:36.039 --> 00:19:38.839 the board in terms of privacy, in terms of the 311 00:19:38.920 --> 00:19:41.240 data mining, and as a matter of fact, a lot 312 00:19:41.279 --> 00:19:44.759 of the major players are doing that on their own 313 00:19:45.240 --> 00:19:48.920 because of political pressure. That is, you want to opt 314 00:19:48.960 --> 00:19:52.759 out of whatever, you know, data mining or this information whatever, 315 00:19:52.799 --> 00:19:56.400 we can't use it or unsubscribe. Okay, we're gonna come back. Damn. 316 00:19:56.400 --> 00:19:57.799 I'm a good end that one. I thought I was 317 00:19:57.799 --> 00:20:01.720 making most of that up. I did. 318 00:20:01.759 --> 00:20:03.039 Okay, all right. 319 00:20:03.039 --> 00:20:05.160 We have a story, a case of a young lady 320 00:20:05.160 --> 00:20:08.640 in her middle finger. The young lady a soccer player 321 00:20:08.839 --> 00:20:12.519 at the University of Connecticut on a one year scholarship, 322 00:20:13.880 --> 00:20:18.519 and the scholarship does come with some strings attached, particularly 323 00:20:18.599 --> 00:20:21.960 the part that says your scholarship can be reduced or 324 00:20:21.960 --> 00:20:29.880 canceled if you engage in serious misconduct that brings substantial 325 00:20:29.960 --> 00:20:35.319 disciplinary penalty. And in the student Athlete handbook it specifically 326 00:20:35.319 --> 00:20:38.519 says you're not allowed to do unsportsmanlike behavior, including, but 327 00:20:38.559 --> 00:20:43.200 not limited to obscene or inappropriate language or gestures. So 328 00:20:44.599 --> 00:20:48.519 they get to the national finals against Florida I believe 329 00:20:48.519 --> 00:20:50.599 it was or it was the University of South Florida, 330 00:20:50.599 --> 00:20:55.240 and they win. Yukon wins. Here's this lady on TV 331 00:20:56.920 --> 00:21:02.079 middle finger to the camera. Is it looks like right away? 332 00:21:02.160 --> 00:21:02.599 Oops? 333 00:21:02.720 --> 00:21:07.839 Turns it into a peace sign, but too late, So 334 00:21:09.119 --> 00:21:12.519 to jump to the ending of her saga here, they 335 00:21:12.559 --> 00:21:14.200 completely cancel her scholarship. 336 00:21:15.759 --> 00:21:18.519 She sues the school. She sues the. 337 00:21:18.440 --> 00:21:23.920 School not for First Amendment violations. No, no, no, you know, 338 00:21:24.039 --> 00:21:26.240 in the last case, the lawyer like went down the 339 00:21:26.279 --> 00:21:29.799 wrong road. This lawyer at least went down the right road. 340 00:21:30.440 --> 00:21:37.160 She sues for Title seven sex discrimination because she flipped 341 00:21:37.200 --> 00:21:41.400 the bird momentarily on a TV broadcast after winning a championship. 342 00:21:41.680 --> 00:21:43.680 And she brings to the table. 343 00:21:43.759 --> 00:21:48.880 Stories of several male athletes who did things that were 344 00:21:49.039 --> 00:21:55.400 arguably as bad and in some cases were not punished 345 00:21:55.559 --> 00:22:00.480 at all, and in some cases were punished little bit. 346 00:22:01.839 --> 00:22:06.079 And so she tries to make the case that she 347 00:22:06.400 --> 00:22:12.839 got a harsher penalty because she's a lady. 348 00:22:13.079 --> 00:22:14.119 Does she have a case. 349 00:22:14.319 --> 00:22:17.200 I don't think so. I mean, she's arguing selective enforcement 350 00:22:17.880 --> 00:22:18.359 is what she is. 351 00:22:18.599 --> 00:22:18.880 She is. 352 00:22:19.400 --> 00:22:23.240 Let's it straight out selective enforcement. I can think of 353 00:22:23.279 --> 00:22:27.839 all kinds of reasons, different time, different place, different circumstances. 354 00:22:28.640 --> 00:22:30.279 I don't know if the court brought that up. I 355 00:22:30.279 --> 00:22:31.960 don't know if the school brought that up. 356 00:22:33.160 --> 00:22:35.720 Well they did, But do you want to hear a 357 00:22:35.720 --> 00:22:36.920 couple of the examples? 358 00:22:37.039 --> 00:22:37.640 Yeah? Please? 359 00:22:37.839 --> 00:22:38.240 All right? 360 00:22:38.559 --> 00:22:42.240 So there was a male football player who kicked the 361 00:22:42.359 --> 00:22:46.000 dead ball into the stands during a game against Brigham Young. 362 00:22:47.039 --> 00:22:49.160 He got, of course, it was a fifteen yard penalty, 363 00:22:50.079 --> 00:22:53.759 no discipline, not the sapline at all. Yeah, not the 364 00:22:53.799 --> 00:22:55.160 same for kicking that ball. 365 00:22:56.000 --> 00:22:58.079 I would distinguish that one out. 366 00:22:58.160 --> 00:23:01.519 Here's another one. There was a male soccer player. He 367 00:23:01.680 --> 00:23:06.279 was arrested for theft. And this is the male athlete 368 00:23:06.319 --> 00:23:10.480 that got the worst punishment of the examples that she 369 00:23:10.599 --> 00:23:14.720 gave he got a warning, and he was required to 370 00:23:14.799 --> 00:23:18.279 participate in a workshop called living your Values. 371 00:23:18.400 --> 00:23:21.799 Okay, now that's hilarious. When was that. 372 00:23:24.000 --> 00:23:27.359 This all went down circa twenty eighteen? 373 00:23:27.519 --> 00:23:30.480 No, I'm talking about the males who were disciplined, same 374 00:23:30.519 --> 00:23:33.240 period of time. Okay, Well, I think that helps her 375 00:23:33.319 --> 00:23:38.200 case if it's in the same the same timing, because 376 00:23:38.440 --> 00:23:41.240 you argue with same group of people. Depending on when 377 00:23:41.279 --> 00:23:45.160 they decided to enforce it. New policy going to be stricter. 378 00:23:45.920 --> 00:23:48.720 I think I don't think the discrimination is going to 379 00:23:48.759 --> 00:23:55.799 fly because what flipping the bird at someone is that 380 00:23:56.039 --> 00:24:00.720 is blatant right there, And certainly this thinction between the 381 00:24:00.720 --> 00:24:03.440 football player kicking the football in the stands the other 382 00:24:03.480 --> 00:24:06.200 one arguable. But I think she loses. 383 00:24:07.559 --> 00:24:11.200 Well, she wins in the sense, wow, okay, she she 384 00:24:11.359 --> 00:24:12.160 wins in. 385 00:24:12.119 --> 00:24:16.160 The sense that she is allowed to proceed with her cause. 386 00:24:16.240 --> 00:24:18.400 Oh I understand, but that's no, that's a win her. 387 00:24:18.559 --> 00:24:20.880 The old this appeal was, you know, the the argument is. 388 00:24:20.920 --> 00:24:23.359 Due, you have a case here, you have you not 389 00:24:23.440 --> 00:24:26.279 even allowed to try to have a case, right, So 390 00:24:26.720 --> 00:24:29.480 the circuit court said she's allowed to try. 391 00:24:29.559 --> 00:24:30.680 There's enough there. 392 00:24:31.119 --> 00:24:36.240 Okay, As you know, at this stage. Uh, the burden 393 00:24:36.359 --> 00:24:39.200 is very small to prove that you have something that 394 00:24:39.279 --> 00:24:42.240 you should be allowed to pursue. 395 00:24:42.839 --> 00:24:43.799 And that's what they said. 396 00:24:43.799 --> 00:24:45.759 They said, well, there's enough there that she should be 397 00:24:45.799 --> 00:24:48.079 allowed to pursue it. That does not mean, as you 398 00:24:48.119 --> 00:24:50.839 point it out, that a jury is going to it. 399 00:24:51.160 --> 00:24:53.200 I understand, but no, she does have The point is 400 00:24:53.279 --> 00:24:55.440 she does have a case. So I mean, thank you 401 00:24:55.519 --> 00:24:58.079