Sekulow - Supreme Court Orders CNN To Respond

March 4, 2026 | 25:49

Jay Sekulow speaks about the protection of religious freedoms in America.

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Sekulow | Sekulow - Supreme Court Orders CNN To Respond | March 4, 2026
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  • - welcome to "sekulow packed show".
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  • Today, jordan's in studio, will's in studio.
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  • My dad's gonna be calling us.
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  • It's gonna be really jam packed.
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  • Maybe we'll have jordan actually break,
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  • Tell us what's happening here.
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  • This is of course in our connection with cnn
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  • And our supreme court case.
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  • - that's right.
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  • So we have got a case at the us supreme court right now
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  • We've asked the supreme court to take.
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  • This case is about new york times versus sullivan,
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  • Which is defamation of public figures.
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  • And you know, the definition
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  • Of public figures has certainly changed with social media.
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  • Basically everybody can be a reporter.
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  • Everybody's putting videos up.
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  • So the definition of it versus the time
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  • When that case came out, very different.
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  • But the idea is that if you are considered a public figure,
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  • The news doesn't just have to make a misstatement or lie
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  • Or get the facts wrong about you
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  • To file a lawsuit for defamation.
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  • You have to actually prove as the person
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  • Who was injured, that you have to prove that you were,
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  • It was actual malice by the media organization,
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  • Which is a very high standard.
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  • So it's like they knew it was wrong and they were doing it
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  • Because they wanted to hurt you.
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  • So they, they, that that standard of course gets into the,
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  • You have to get into the minds of people
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  • And the burden is on the person who they lied about.
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  • The burden is not on the cnn to show
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  • That it wasn't actual malice.
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  • Somehow you, the public figure have to show
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  • That there was actual malice, which means getting
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  • Inside a newsroom, getting inside the heads and intent.
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  • And so as the world has changed
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  • And as the media has changed so rapidly with podcasts
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  • And all these issues, i mean,
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  • Almost everybody could fall under the line
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  • Of so many new people.
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  • Not everybody, but so many people could fall
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  • Under this public figure. - public figure, yeah.
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  • - and then if someone says horrendous things
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  • About you, you have no legal recourse
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  • If you can't prove actual malice.
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  • So this case challenges that standard.
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  • And this is what happened.
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  • When we filed, cnn waived
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  • Their right to reply to our application.
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  • So for the court, the cert petition
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  • For the court to take the case.
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  • That was because they were hoping the court
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  • Would just take ours and then,
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  • And then say, okay, we're not, you know, they take it
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  • To conference just with ours
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  • And that means likely not hear the case.
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  • - [logan] right, throw it out.
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  • - the supreme court yesterday gave cnn a deadline to reply.
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  • So even though they waived their reply,
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  • They are now being asked by the supreme court to reply
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  • To our brief, which means it's not 100%
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  • The supreme court will take the case,
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  • But this is exactly what cnn did not want to happen.
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  • So their strategy was we're not even going
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  • To, we're not even going to respond.
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  • We'll let the court just handle this.
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  • And the court has now handled it by saying,
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  • We want your response within a month.
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  • - yeah, this is a good moment.
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  • - well, exactly.
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  • And when you looked at the, the decisions
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  • By the lower courts that got it up to this level, many
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  • Of them ruled in favor with cnn
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  • Because of the new york times v. sullivan reasoning,
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  • Even with judges at the appeals court level saying,
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  • Under all standards, this is defamation.
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  • However, because of new york times v. sullivan,
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  • We cannot find that there was defamation here.
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  • So even that, the lower courts push it up
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  • To that supreme court question
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  • Of, is the new york times v. sullivan standard
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  • Even still relevant in its form as it is?
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  • And that's exactly why we're going
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  • To the supreme court with it.
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  • - that's right.
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  • Next segment, my dad, jay sekulow, is gonna be joining us.
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  • I think he's gonna break down a little bit more of this,
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  • 'cause you can not imagine how many times
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  • I've been reached out to by one
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  • Of those, quote, unquote, public figures
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  • Who feel like their name is being drug through the mud
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  • For things that they never did over and over again.
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  • And sadly we've had to tell them,
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  • There's really not much we can do,
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  • 'cause this is how the standard has been.
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  • This is the standard in america.
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  • Well, we wanna be a part of changing that.
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  • - back to "sekulow".
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  • Our dad, jay sekulow, is joining us right now.
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  • Of course, this has been a big update.
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  • If you're just joining us on the broadcast,
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  • Thank you for watching.
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  • Of course, supreme court now is ordering cnn to respond
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  • And respond to essentially our suit, saying, you know,
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  • At this point, we're considered a public figure
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  • When you have been told lies continually over
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  • And over again, proven lies, that there needs
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  • To be some better standard of accountability.
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  • And dad, this is a big moment because cnn has been told,
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  • You can't just ignore this, you have to respond.
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  • - [jay] yeah, so it's interesting.
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  • Cnn's strategy was when we filed the cert petition,
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  • You don't have to respond
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  • To a petition filed at the supreme court.
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  • It's not required.
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  • So they took the strategy
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  • Of, we filed our cert petition,
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  • Our, that is a formal request,
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  • Probably 80 pages of briefing,
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  • Asking the supreme court to hear the case.
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  • Then the other side can file a response
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  • Or they can waive a response.
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  • Here they waived their response thinking
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  • That that was gonna maybe be the end of the case.
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  • Well, we just got word late yesterday,
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  • And this is a huge development
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  • On a very strategic and important case.
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  • We got word yesterday
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  • That the supreme court of the united states has ordered cnn
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  • To file a response in writing
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  • By the end of middle of march, end of march.
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  • So they've got a file in about four to six weeks.
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  • The importance of this is then we will have the opportunity
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  • To respond again to cnn
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  • For the lies that they told about prof. dershowitz.
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  • And to, let me tell our aclj members and our aclj champions
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  • And those listening to broadcast,
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  • Remember what this case is about.
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  • Alan dershowitz is a democrat,
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  • Was one of our defense attorneys
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  • At the impeachment trial, the first one of donald trump.
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  • He was one of my co-counsel.
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  • We brought him into the case.
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  • He handled specific constitutional issues, very specific,
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  • Saying that there was no grounds to impeach
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  • The sitting president
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  • Of the united states during that proceeding.
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  • He got a lot of flack from the left
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  • On that, as you can imagine.
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  • But what happened was cnn went on air as soon as he was done
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  • With his first presentation,
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  • Misstated his main thesis of the case.
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  • In fact, they said, he said the opposite.
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  • So under the new york times versus sullivan,
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  • When you're dealing with a public figure,
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  • They basically had,
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  • As you said, logan, blanket immunity.
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  • They could say whatever they want.
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  • You had a, the standard that we would have to reach
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  • To prove defamation was, is very, very high.
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  • But what's interesting here is one of the judges
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  • At the 11th circuit court of appeals said
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  • That the only thing standing in the way
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  • From prof. dershowitz and justice
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  • Is this old 1964 supreme court case,
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  • Which actually talked about public officials,
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  • Like government officials.
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  • It didn't even really talk about public figures.
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  • You wanna know an interesting side note here,
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  • Logan and will, and that is alan dershowitz was a law clerk
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  • For justice goldberg in writing a concurring opinion
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  • On that very case, and it was taken way further
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  • Than what that initial supreme court decision meant.
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  • So this is a chance to right a wrong
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  • And to reflect the media as it now is.
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  • - and once again, this
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  • Is obviously a completely different media landscape
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  • Than it was
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  • When that original supreme court opinion was issued.
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  • And as even it shows that the person bringing this,
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  • Prof. dershowitz, was one of the people
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  • That helped craft the concurring opinion in that issue.
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  • But i think also we can't normally forecast
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  • Or tell what the supreme court's gonna do.
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  • It's very mysterious to the outside the way
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  • That they hold their conferences, which cases they decide
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  • To take and which they decide not to.
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  • But it does seem that this is at least a good sign
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  • That there are justices interested
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  • In reviewing new york times v. sullivan,
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  • That when we filed our cert petition
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  • And cnn decided we're not even gonna bother replying,
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  • That now the supreme court wants to hear
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  • What cnn has to say to defend itself.
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  • - [jay] yeah, it's interesting
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  • Because generally when the strategy
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  • Of not responding, which is what they initially did,
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  • Was also to kind of get a temperature read
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  • Of is the court interested in this or not.
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  • For instance, we were set for a conference to vote
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  • On certiorari on thursday, tomorrow.
  • 00:09:08.948 --> 00:09:13.520
  • They were to vote tomorrow on the case
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  • Whether they were gonna hear it or not.
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  • But what happened here was cnn was hoping
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  • That there would be no order,
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  • It would go to conference and be denied,
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  • But instead a number of justices of the supreme court said,
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  • No, we want to hear what cnn has to say
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  • And then we'll decide if we take it.
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  • So it's gonna delay it until probably april, maybe even may.
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  • We'll file another round of briefs in this.
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  • But this is a really significant case
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  • For accountability in the media and long overdue.
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  • - when you go back to 1964 when this case came out, dad,
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  • And you look now to 2026,
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  • Who is a public figure has changed so much.
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  • I mean, it's not just a handful of people
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  • Who make it on three tv channels
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  • Or are well known in local news or newspapers,
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  • And it's, it's, there's so many citizen journalists
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  • And podcasts and people in the media
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  • And the netflix, all these different ways.
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  • It's not the same kind of control.
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  • So that it makes it nearly impossible
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  • For anyone who's got any kind
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  • Of name out there and following
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  • To bring a defamation case
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  • Where someone has absolutely either lied about you
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  • Or just recklessly disregarded,
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  • That means you don't care if it's a lie
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  • Or not, to show that actual malice standard.
  • 00:10:26.159 --> 00:10:29.195
  • But you, the plaintiff, it's also a bizarre move in court,
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  • Have to prove the intent of the defendant in this case.
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  • I mean, you have to show what was going on in their head
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  • Or in their newsroom
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  • As they were putting the piece together.
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  • They don't have to defend it.
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  • You have to actually present it,
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  • Which also makes it almost an impossible bar to overcome.
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  • So, and this is, i think in the changing media landscape,
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  • The perfect time for the supreme court to look at this
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  • To say, you know,
  • 00:10:55.321 --> 00:10:56.890
  • This might not be the right standard anymore
  • 00:10:56.890 --> 00:10:58.291
  • For 2026 and onward.
  • 00:10:58.291 --> 00:11:00.493
  • - [jay] well, i think, jordan, that's exactly right.
  • 00:11:01.528 --> 00:11:02.829
  • You had a dual burden here,
  • 00:11:02.829 --> 00:11:04.297
  • Which you don't have in any other kind of case.
  • 00:11:04.297 --> 00:11:06.499
  • So that you had this dual burden where you had
  • 00:11:06.499 --> 00:11:09.169
  • To meet the threshold of knowledge, of falsity
  • 00:11:09.169 --> 00:11:11.471
  • And then the burden was on us to establish
  • 00:11:11.471 --> 00:11:14.607
  • The issues rather than the defendant having
  • 00:11:14.607 --> 00:11:16.543
  • To establish their defense.
  • 00:11:16.543 --> 00:11:18.244
  • But look, the fact that the supreme court said we wanna hear
  • 00:11:18.244 --> 00:11:21.047
  • From you on this is a big, it's a very positive development
  • 00:11:21.047 --> 00:11:24.484
  • For justice here.
  • 00:11:24.484 --> 00:11:26.152
  • Alan dershowitz was wronged.
  • 00:11:26.152 --> 00:11:27.821
  • We want to make it right.
  • 00:11:27.821 --> 00:11:29.489
  • That's why we're stepping in and hold the media accountable.
  • 00:11:29.489 --> 00:11:32.759
  • We get so many calls where people say,
  • 00:11:32.759 --> 00:11:34.761
  • We wanna hold the media accountable.
  • 00:11:34.761 --> 00:11:36.496
  • This is bad case.
  • 00:11:36.496 --> 00:11:37.764
  • - and dad, we have two now cases pending
  • 00:11:37.764 --> 00:11:39.465
  • At the us supreme court,
  • 00:11:39.465 --> 00:11:41.434
  • One out of calvary chapel in california
  • 00:11:41.434 --> 00:11:43.803
  • And those unbelievable fines that california, millions
  • 00:11:43.803 --> 00:11:46.639
  • Of dollars of fines.
  • 00:11:46.639 --> 00:11:48.041
  • They want to still levy
  • 00:11:48.041 --> 00:11:49.309
  • The state of california against the church,
  • 00:11:49.309 --> 00:11:51.711
  • The calvary chapel church there.
  • 00:11:51.711 --> 00:11:53.513
  • And of course this case,
  • 00:11:53.513 --> 00:11:55.381
  • And we both before the us supreme court,
  • 00:11:55.381 --> 00:11:57.617
  • The aclj handling those.
  • 00:11:57.617 --> 00:11:59.519
  • I just wanna remind people,
  • 00:11:59.519 --> 00:12:01.020
  • I mean these are happening nearly simultaneously, dad.
  • 00:12:01.020 --> 00:12:04.090
  • - [jay] no, they are.
  • 00:12:04.591 --> 00:12:05.592
  • And so we've got two major cases.
  • 00:12:05.592 --> 00:12:07.227
  • One on religious liberty, one on the first amendment,
  • 00:12:07.227 --> 00:12:10.296
  • And, i mean, these are big cases.
  • 00:12:10.296 --> 00:12:13.132
  • - just to underscore, people.
  • 00:12:13.132 --> 00:12:14.367
  • So we've got two up for consideration
  • 00:12:14.367 --> 00:12:16.636
  • At the supreme court right now,
  • 00:12:16.636 --> 00:12:18.304
  • Both involving speech one involving, again,
  • 00:12:18.304 --> 00:12:20.340
  • Religious liberty and, but both kind
  • 00:12:20.340 --> 00:12:23.009
  • Of first amendment cases
  • 00:12:23.009 --> 00:12:24.644
  • 'cause of course the free exercise of religion, free speech.
  • 00:12:24.644 --> 00:12:26.913
  • 'cause look, as jordan said, so many of us have gone
  • 00:12:26.913 --> 00:12:30.149
  • From what you considered a, you know, personality,
  • 00:12:30.149 --> 00:12:32.218
  • Radio personalities to television personalities,
  • 00:12:32.218 --> 00:12:34.787
  • To now anyone really can kind of fit in that world
  • 00:12:34.787 --> 00:12:37.790
  • Of being a public figure as we are all on social media.
  • 00:12:37.790 --> 00:12:40.193
  • So this protects you as well.
  • 00:12:40.193 --> 00:12:41.828
  • Of course this is doing it from the mainstream point
  • 00:12:41.828 --> 00:12:43.496
  • Of view, but there are many different ways
  • 00:12:43.496 --> 00:12:45.098
  • That this could upend current settled law that has been
  • 00:12:45.098 --> 00:12:48.768
  • A pain for all of us for many, many years, including,
  • 00:12:48.768 --> 00:12:52.238
  • Like i said, there are so many people
  • 00:12:52.238 --> 00:12:54.073
  • Who had rightful claims to this, who have reached out
  • 00:12:54.073 --> 00:12:56.009
  • To us over the years and we've had to have
  • 00:12:56.009 --> 00:12:58.311
  • That very kinda sad
  • 00:12:58.311 --> 00:12:59.712
  • And serious conversation with him saying, sadly,
  • 00:12:59.712 --> 00:13:01.547
  • There is nothing we can do.
  • 00:13:01.547 --> 00:13:02.649
  • You're a public figure.
  • 00:13:02.649 --> 00:13:04.017
  • The actual standard to get any kind
  • 00:13:04.017 --> 00:13:06.786
  • Of liable defamation was so high
  • 00:13:06.786 --> 00:13:09.923
  • That essentially we knew
  • 00:13:09.923 --> 00:13:11.691
  • You could just go out there and lie.
  • 00:13:11.691 --> 00:13:13.226
  • But you have a different court and it's a different day.
  • 00:13:13.226 --> 00:13:14.928
  • - well, it's, when you look at a lot of the stories
  • 00:13:14.928 --> 00:13:17.297
  • That are going on in the world right now,
  • 00:13:17.297 --> 00:13:19.532
  • Even with don lemon, with the protections that he's trying
  • 00:13:19.532 --> 00:13:23.202
  • To claim, the heightened protections
  • 00:13:23.202 --> 00:13:24.938
  • Because of being a journalist, it is something
  • 00:13:24.938 --> 00:13:27.006
  • That for a long time the media has gotten
  • 00:13:27.006 --> 00:13:29.709
  • An extra level of protection
  • 00:13:29.709 --> 00:13:32.011
  • Than what the first amendment just affords to everyone else.
  • 00:13:32.011 --> 00:13:35.515
  • So i think it's important
  • 00:13:35.515 --> 00:13:37.050
  • That something like new york times v. sullivan be reexamined
  • 00:13:37.050 --> 00:13:40.787
  • By the court, and that's exactly what we're doing here.
  • 00:13:40.787 --> 00:13:43.489
  • (gentle music)
  • 00:13:43.489 --> 00:13:47.004
  • (gentle music)
  • 00:13:47.004 --> 00:13:47.452
  • (gentle music)
  • 00:13:47.819 --> 00:13:49.721
  • - you may have seen news bubbling up about stephen colbert
  • 00:13:49.721 --> 00:13:51.923
  • And his ongoing battle with his own network with cbs.
  • 00:13:51.923 --> 00:13:55.360
  • Look, we have been on the air terrestrial radio
  • 00:13:55.360 --> 00:13:57.496
  • For 30 years now here at sekulow in some form or fashion.
  • 00:13:57.496 --> 00:14:02.167
  • We have been on the air terrestrial radio for 30 years
  • 00:14:02.167 --> 00:14:04.703
  • And we have always understood
  • 00:14:04.703 --> 00:14:06.138
  • That there are very specific rules the fcc lays out
  • 00:14:06.138 --> 00:14:09.574
  • When you have a political candidate on.
  • 00:14:09.574 --> 00:14:11.910
  • Now, i'm not necessarily saying
  • 00:14:11.910 --> 00:14:13.712
  • That i agree with those rules.
  • 00:14:13.712 --> 00:14:15.213
  • I'm not necessarily saying
  • 00:14:15.213 --> 00:14:16.348
  • That they should be held up in 2026.
  • 00:14:16.348 --> 00:14:19.017
  • But you know what?
  • 00:14:19.017 --> 00:14:19.851
  • They've been the rules.
  • 00:14:19.851 --> 00:14:20.952
  • They have been the law of the land
  • 00:14:20.952 --> 00:14:23.121
  • For a very long time at this point,
  • 00:14:23.121 --> 00:14:24.423
  • And we know what we have to do.
  • 00:14:24.423 --> 00:14:26.258
  • Typically it involves, by the way,
  • 00:14:26.258 --> 00:14:27.993
  • Because people know what our show content is,
  • 00:14:27.993 --> 00:14:30.662
  • All it typically is is say we have on a political candidate,
  • 00:14:30.662 --> 00:14:35.233
  • A lot of times they're more conservative leaning.
  • 00:14:35.233 --> 00:14:38.637
  • We also shoot off an email to their rep on the other side
  • 00:14:38.637 --> 00:14:42.441
  • And say, or the other candidate
  • 00:14:42.441 --> 00:14:44.142
  • And say, we'd be happy to have you on as well.
  • 00:14:44.142 --> 00:14:46.745
  • Nine times out of 10,
  • 00:14:46.745 --> 00:14:48.313
  • Actually i'd put 99% of the 99.9% of the time,
  • 00:14:48.313 --> 00:14:52.384
  • Either never hear back or you're gonna decline,
  • 00:14:52.384 --> 00:14:55.320
  • Because it's usually someone
  • 00:14:55.921 --> 00:14:57.122
  • Who knows what they're getting into.
  • 00:14:57.122 --> 00:14:58.356
  • - the rule is you basically just have
  • 00:14:58.356 --> 00:15:00.258
  • To make the invitation. - you to offer.
  • 00:15:00.258 --> 00:15:01.393
  • You have to offer. - and usually,
  • 00:15:01.393 --> 00:15:02.961
  • Like logan said, they, they are not ever going to say yes
  • 00:15:02.961 --> 00:15:04.963
  • To that because they, because you're not promising
  • 00:15:04.963 --> 00:15:06.798
  • It's gonna be a friendly interview
  • 00:15:06.798 --> 00:15:08.834
  • Or you're not gonna ask tough questions,
  • 00:15:08.834 --> 00:15:11.002
  • That you know, they, they know
  • 00:15:11.002 --> 00:15:13.105
  • That you're coming from a different perspective there.
  • 00:15:13.105 --> 00:15:14.673
  • But you have to give 'em that opportunity.
  • 00:15:14.673 --> 00:15:16.508
  • And that's only around really when you're talking
  • 00:15:16.508 --> 00:15:19.010
  • To people running for office,
  • 00:15:19.010 --> 00:15:20.979
  • When you're talking about them running for office
  • 00:15:20.979 --> 00:15:23.415
  • And their election, not talking to a senator
  • 00:15:23.415 --> 00:15:25.717
  • About a piece of legislation
  • 00:15:25.717 --> 00:15:27.152
  • And things like that. - no, no, no, no.
  • 00:15:27.152 --> 00:15:28.420
  • - so it's a limited time that we're talking about
  • 00:15:28.420 --> 00:15:30.589
  • Is when we're talking about when they're actually running
  • 00:15:30.589 --> 00:15:31.857
  • For office, you've got to at least offer
  • 00:15:31.857 --> 00:15:34.259
  • That time to the other candidates.
  • 00:15:34.259 --> 00:15:35.894
  • That's all the colbert show had to do is offer
  • 00:15:35.894 --> 00:15:38.530
  • That time to other candidates.
  • 00:15:38.530 --> 00:15:39.898
  • They don't have to treat them the same in the sense
  • 00:15:39.898 --> 00:15:41.933
  • That they could ask tough questions.
  • 00:15:41.933 --> 00:15:43.735
  • They could say, you said this.
  • 00:15:43.735 --> 00:15:45.103
  • Are you sure you'd be the best nominee
  • 00:15:45.103 --> 00:15:46.771
  • And two of the republican?
  • 00:15:46.771 --> 00:15:48.006
  • Yeah, i mean colbert could be nasty too
  • 00:15:48.006 --> 00:15:49.808
  • And likely, you know, both of them would say no.
  • 00:15:49.808 --> 00:15:52.010
  • Maybe in this case one of them would've said yes--
  • 00:15:52.010 --> 00:15:53.912
  • - [logan] because we're still in primary season.
  • 00:15:53.912 --> 00:15:55.113
  • - yes.
  • 00:15:55.113 --> 00:15:56.414
  • - and i think that's where things get
  • 00:15:56.414 --> 00:15:57.849
  • A little actually more interesting with this story
  • 00:15:57.849 --> 00:15:59.184
  • Is you have a candidate running in texas,
  • 00:15:59.184 --> 00:16:01.553
  • You have two candidates running,
  • 00:16:01.553 --> 00:16:03.321
  • And stephen colbert went out
  • 00:16:03.321 --> 00:16:05.290
  • And said, cbs told me i couldn't air this.
  • 00:16:05.290 --> 00:16:07.125
  • This is the interview they told you, they didn't wanna see.
  • 00:16:07.125 --> 00:16:09.861
  • This is not unlike what don lemon was doing.
  • 00:16:09.861 --> 00:16:14.166
  • These are publicity stunts.
  • 00:16:14.166 --> 00:16:15.901
  • Do not fall for the publicity stunts.
  • 00:16:15.901 --> 00:16:18.303
  • Stephen colbert has been very well aware
  • 00:16:18.303 --> 00:16:20.839
  • Of the rules that you have to go by.
  • 00:16:20.839 --> 00:16:22.641
  • Cbs gave him what we'd have to do to have this guest on,
  • 00:16:22.641 --> 00:16:25.810
  • Which was essentially invite jasmine crockett on as well,
  • 00:16:25.810 --> 00:16:28.880
  • Which seemed to be too far for stephen colbert.
  • 00:16:28.880 --> 00:16:31.850
  • - that's right.
  • 00:16:31.850 --> 00:16:33.285
  • And i wanna read the statement that cbs put out,
  • 00:16:33.285 --> 00:16:34.586
  • But i think this also ties in
  • 00:16:34.586 --> 00:16:36.488
  • To the new york times v. sullivan thing
  • 00:16:36.488 --> 00:16:39.324
  • That we were talking about earlier,
  • 00:16:39.324 --> 00:16:40.692
  • The case that we have at the supreme court,
  • 00:16:40.692 --> 00:16:42.227
  • 'cause this is dealing with very old broadcast rules,
  • 00:16:42.227 --> 00:16:44.863
  • The fcc equal time rule,
  • 00:16:44.863 --> 00:16:46.865
  • Which we have criticized things like this
  • 00:16:46.865 --> 00:16:48.767
  • With the fcc historically.
  • 00:16:48.767 --> 00:16:50.802
  • - [logan] yeah, i'm not saying i like the rule.
  • 00:16:50.802 --> 00:16:52.237
  • - it's not saying that it's not an outdated rule,
  • 00:16:52.237 --> 00:16:53.705
  • But it's also shows that he was gaming it for his own gain,
  • 00:16:53.705 --> 00:16:57.409
  • And this is what "the late show",
  • 00:16:57.409 --> 00:16:59.644
  • The statement from cbs said about "the late show".
  • 00:16:59.644 --> 00:17:02.614
  • "they were not prohibited
  • 00:17:02.614 --> 00:17:04.182
  • By cbs from broadcasting the interview
  • 00:17:04.182 --> 00:17:07.052
  • With representative james talarico.
  • 00:17:07.052 --> 00:17:09.321
  • The show was provided legal guidance
  • 00:17:09.321 --> 00:17:11.656
  • That the broadcast could trigger the fcc equal time rule
  • 00:17:11.656 --> 00:17:15.260
  • For two other candidates,
  • 00:17:15.260 --> 00:17:17.262
  • Including representative jasmine crockett
  • 00:17:17.262 --> 00:17:18.863
  • And presented options for how the equal time
  • 00:17:18.863 --> 00:17:21.967
  • For other candidates could be fulfilled,"
  • 00:17:21.967 --> 00:17:24.502
  • Which is what legal departments do every single day
  • 00:17:24.502 --> 00:17:26.838
  • At broadcast news organizations.
  • 00:17:26.838 --> 00:17:29.040
  • - not even just,
  • 00:17:29.040 --> 00:17:30.342
  • Every major mainstream television network,
  • 00:17:30.342 --> 00:17:34.479
  • Entertainment brand, i have been in the guts of them.
  • 00:17:34.479 --> 00:17:38.250
  • The messages that you would get from standards
  • 00:17:38.250 --> 00:17:40.585
  • And practices from lawyers, they approve every script
  • 00:17:40.585 --> 00:17:43.488
  • That goes out for the most part on all of these shows.
  • 00:17:43.488 --> 00:17:46.591
  • And they don't approve it for creative content.
  • 00:17:46.591 --> 00:17:48.727
  • They're not getting involved in saying,
  • 00:17:48.727 --> 00:17:50.262
  • I think that joke isn't funny.
  • 00:17:50.262 --> 00:17:51.696
  • What they're saying is that goes over the line.
  • 00:17:51.696 --> 00:17:54.232
  • - we can get-- - on what is legal for the fcc
  • 00:17:54.232 --> 00:17:56.401
  • Or when you're marketing the families
  • 00:17:56.401 --> 00:17:58.136
  • Or whatever it may be, there are rules.
  • 00:17:58.136 --> 00:17:59.938
  • - so then it says "the late show" decided
  • 00:17:59.938 --> 00:18:01.740
  • To present the interview through its youtube channel
  • 00:18:01.740 --> 00:18:03.842
  • With on-air promotion on the broadcast
  • 00:18:03.842 --> 00:18:06.011
  • Rather than potentially providing equal time options.
  • 00:18:06.011 --> 00:18:09.014
  • Also, you know, this was a game
  • 00:18:09.014 --> 00:18:11.283
  • Because at this point it has 5.8 million views,
  • 00:18:11.283 --> 00:18:15.220
  • This interview, which is titled
  • 00:18:15.220 --> 00:18:17.222
  • James talarico on confronting christian nationalism
  • 00:18:17.222 --> 00:18:20.792
  • In strange days in the texas legislature.
  • 00:18:20.792 --> 00:18:24.129
  • He did this whole game to play the victim card
  • 00:18:24.129 --> 00:18:27.098
  • So that they could get more views on it,
  • 00:18:27.098 --> 00:18:29.501
  • Because you know what they weren't probably gonna get?
  • 00:18:29.501 --> 00:18:31.936
  • 5.8 million views of that interview on "colbert's show".
  • 00:18:31.936 --> 00:18:35.540
  • So they are using this to look like a victim again.
  • 00:18:35.540 --> 00:18:38.977
  • Right?
  • 00:18:38.977 --> 00:18:40.445
  • Maybe there's other ulterior motives as well,
  • 00:18:40.445 --> 00:18:41.780
  • But then they're lying, because james talarico,
  • 00:18:41.780 --> 00:18:45.950
  • This candidate, has tweeted two things
  • 00:18:45.950 --> 00:18:49.287
  • That are factually untrue.
  • 00:18:49.287 --> 00:18:51.523
  • Breaking, our campaign raised $2.5 million in 24 hours
  • 00:18:51.523 --> 00:18:56.294
  • After the fcc banned our colbert interview.
  • 00:18:56.294 --> 00:19:00.732
  • And two, this is the interview donald trump
  • 00:19:00.732 --> 00:19:04.402
  • Didn't want you to see.
  • 00:19:04.402 --> 00:19:05.904
  • His fcc refused to air my interview with stephen colbert.
  • 00:19:05.904 --> 00:19:09.974
  • Trump is worried we're about to flip texas.
  • 00:19:09.974 --> 00:19:12.677
  • The fcc didn't ban the interview.
  • 00:19:12.677 --> 00:19:15.246
  • The fcc, if it had triggered equal time things
  • 00:19:15.246 --> 00:19:20.118
  • Could have fined cbs,
  • 00:19:20.118 --> 00:19:22.620
  • But it wouldn't have the power to take it off air.
  • 00:19:22.620 --> 00:19:26.091
  • Cbs's legal department presented options of how to air it
  • 00:19:26.091 --> 00:19:30.562
  • And they decided it wasn't worth
  • 00:19:30.562 --> 00:19:32.564
  • Giving jasmine crockett the airtime.
  • 00:19:32.564 --> 00:19:35.300
  • So maybe it's actually james talarico is concerned
  • 00:19:35.300 --> 00:19:38.370
  • He's not gonna be able to survive this primary
  • 00:19:38.370 --> 00:19:43.007
  • Without a little help
  • 00:19:43.007 --> 00:19:44.376
  • From someone like colbert violating sec rules.
  • 00:19:44.376 --> 00:19:47.412
  • - yeah, and colbert at this point, you know,
  • 00:19:47.412 --> 00:19:48.980
  • Is months away from his show ending.
  • 00:19:48.980 --> 00:19:50.482
  • He is trying to build his own clout and credibility,
  • 00:19:50.482 --> 00:19:53.051
  • I'm sure fielding offers from a lot
  • 00:19:53.051 --> 00:19:54.786
  • Of different organizations
  • 00:19:54.786 --> 00:19:55.920
  • Of where he's gonna land after this.
  • 00:19:55.920 --> 00:19:57.522
  • If not, he doesn't just build something on his own.
  • 00:19:57.522 --> 00:19:59.758
  • That is simply in the cards.
  • 00:19:59.758 --> 00:20:01.726
  • Look at it from a bigger marketing perspective.
  • 00:20:01.726 --> 00:20:04.162
  • Everything is marketing
  • 00:20:04.162 --> 00:20:05.730
  • And they are all trying to get you to watch this interview.
  • 00:20:05.730 --> 00:20:08.666
  • Why?
  • 00:20:08.666 --> 00:20:09.968
  • One, to generate views to give stephen colbert
  • 00:20:09.968 --> 00:20:13.471
  • A little bit more credit than he has right now.
  • 00:20:13.471 --> 00:20:17.275
  • And not credit in terms of credit, credit in terms
  • 00:20:17.275 --> 00:20:19.077
  • Of, you know, when he goes out to go sell himself again,
  • 00:20:19.077 --> 00:20:22.280
  • Which is what's gonna happen.
  • 00:20:22.280 --> 00:20:23.581
  • 'cause remember, in ratings, by the way,
  • 00:20:23.581 --> 00:20:26.117
  • If you look at pure ratings,
  • 00:20:26.117 --> 00:20:28.653
  • Stephen colbert was often number one,
  • 00:20:28.653 --> 00:20:29.554
  • Was typically number one.
  • 00:20:29.554 --> 00:20:31.055
  • However, on youtube, jimmy fallon destroys stephen colbert.
  • 00:20:31.055 --> 00:20:35.293
  • Destroys him.
  • 00:20:35.293 --> 00:20:36.428
  • So new media had turned really away
  • 00:20:36.428 --> 00:20:38.830
  • From stephen colbert and had turned,
  • 00:20:38.830 --> 00:20:40.965
  • So he needs that content to start spiking.
  • 00:20:41.800 --> 00:20:43.201
  • There's all kinds of motives that could go into this.
  • 00:20:43.201 --> 00:20:45.870
  • What i don't like is that he's playing a victim card.
  • 00:20:45.870 --> 00:20:47.806
  • It's something that we all are very well aware of,
  • 00:20:47.806 --> 00:20:49.908
  • Which is the equal time rules.
  • 00:20:49.908 --> 00:20:51.409
  • I don't think i even agree
  • 00:20:51.409 --> 00:20:52.577
  • With the equal time rules in 2026,
  • 00:20:52.577 --> 00:20:54.579
  • But i don't pretend they don't exist
  • 00:20:54.579 --> 00:20:56.414
  • Or that i've never heard about them before,
  • 00:20:56.414 --> 00:20:58.116
  • Or that this is the first time the fcc
  • 00:20:58.116 --> 00:20:59.717
  • Has gotten involved.
  • 00:20:59.717 --> 00:21:01.386
  • Give me a break.
  • 00:21:01.753 --> 00:21:03.021
  • - and here's how you know they knew this game
  • 00:21:03.021 --> 00:21:04.489
  • Would be played out and they would win it.
  • 00:21:04.489 --> 00:21:06.858
  • And it's not just the 5.8 million views
  • 00:21:06.858 --> 00:21:10.728
  • That they've gotten since they published it.
  • 00:21:10.728 --> 00:21:13.731
  • It's these comments that are beneath it.
  • 00:21:13.731 --> 00:21:16.034
  • I'm watching this because my government tried
  • 00:21:16.034 --> 00:21:18.169
  • To hide this from me.
  • 00:21:18.169 --> 00:21:19.604
  • Dear fcc, thank you for bringing this to my attention.
  • 00:21:19.604 --> 00:21:22.474
  • I wouldn't have seen it otherwise.
  • 00:21:22.474 --> 00:21:24.342
  • - [logan] right.
  • 00:21:24.342 --> 00:21:25.677
  • - the fcc doesn't want you to see this.
  • 00:21:25.677 --> 00:21:26.711
  • Let that sink in and share it.
  • 00:21:26.711 --> 00:21:29.147
  • The fact that those are the comments means
  • 00:21:29.147 --> 00:21:31.516
  • Their distortion of the truth
  • 00:21:31.516 --> 00:21:34.018
  • Of saying the fcc doesn't want you to see it.
  • 00:21:34.018 --> 00:21:35.787
  • No, the fcc just has a rule that may be outdated
  • 00:21:35.787 --> 00:21:39.691
  • And you can litigate that in the public eye,
  • 00:21:39.691 --> 00:21:41.960
  • But you can't sit here and say,
  • 00:21:41.960 --> 00:21:43.661
  • Donald trump doesn't want you to see me.
  • 00:21:43.661 --> 00:21:45.230
  • He's afraid we're gonna flip texas.
  • 00:21:45.230 --> 00:21:46.831
  • That's also saying that donald trump
  • 00:21:46.831 --> 00:21:49.067
  • Just wants jasmine crockett to have more airtime.
  • 00:21:49.067 --> 00:21:51.636
  • It's the most absurd argument--
  • 00:21:51.636 --> 00:21:53.271
  • - [logan] right.
  • 00:21:53.271 --> 00:21:54.405
  • - when we know what the reality is.
  • 00:21:54.405 --> 00:21:55.907
  • - it's not having jasmine crockett on
  • 00:21:55.907 --> 00:21:58.076
  • And not making that invite.
  • 00:21:58.076 --> 00:21:59.644
  • Shouldn't that be looked at from a very different point
  • 00:21:59.644 --> 00:22:02.814
  • Of view by the way, that you specifically don't want
  • 00:22:02.814 --> 00:22:05.850
  • To fulfill the obligation to have
  • 00:22:05.850 --> 00:22:07.252
  • The other democrat candidate running who happens
  • 00:22:07.252 --> 00:22:09.020
  • To be jasmine crockett?
  • 00:22:09.020 --> 00:22:10.321
  • I think that that should be a lot very telling
  • 00:22:10.321 --> 00:22:12.824
  • For mainstream media of what they want to present to you.
  • 00:22:12.824 --> 00:22:16.127
  • Okay?
  • 00:22:16.127 --> 00:22:17.395
  • Let's, you know, look really closely
  • 00:22:17.395 --> 00:22:18.563
  • At what we're talking about here.
  • 00:22:18.563 --> 00:22:19.931
  • - well, in reality, that's exactly what the reason
  • 00:22:19.931 --> 00:22:21.900
  • Of the equal time rule was, is so that people
  • 00:22:21.900 --> 00:22:24.702
  • Who had a giant platform couldn't pick
  • 00:22:24.702 --> 00:22:28.072
  • And choose who you got to see,
  • 00:22:28.072 --> 00:22:29.874
  • Be the gatekeeper of the candidates.
  • 00:22:29.874 --> 00:22:32.143
  • And jordan, this is almost proving something
  • 00:22:32.143 --> 00:22:34.913
  • That we aren't a big fan of, the equal time rule.
  • 00:22:34.913 --> 00:22:37.015
  • - [jordan] right.
  • 00:22:37.015 --> 00:22:38.583
  • - proving the need for it for people like stephen colbert.
  • 00:22:38.583 --> 00:22:40.285
  • - yeah, i mean, now my question
  • 00:22:40.285 --> 00:22:42.020
  • Is, i haven't looked it up on youtube.
  • 00:22:42.020 --> 00:22:43.454
  • Did more people watch on youtube than watch this show?
  • 00:22:43.454 --> 00:22:45.757
  • - [logan] i say 100%.
  • 00:22:45.757 --> 00:22:46.991
  • - 5.8 million have watched that interview.
  • 00:22:46.991 --> 00:22:49.027
  • - yeah, i'd say the average is about 2.5 million.
  • 00:22:49.027 --> 00:22:51.462
  • - so three more, 3 million more people
  • 00:22:51.462 --> 00:22:52.463
  • Watched it-- - at least.
  • 00:22:52.463 --> 00:22:53.798
  • - by not being on the air?
  • 00:22:53.798 --> 00:22:55.033
  • - [logan] exactly, it's all marketing.
  • 00:22:55.033 --> 00:22:56.601
  • - so, and that did, and the cbs had no problem with that?
  • 00:22:56.601 --> 00:22:58.469
  • - well, yeah, 'cause the equal time rule only applies to--
  • 00:22:58.469 --> 00:23:00.305
  • - [jordan] to broadcast.
  • 00:23:00.305 --> 00:23:01.940
  • - to terrestrial over the air broadcast.
  • 00:23:01.940 --> 00:23:03.274
  • It only applies-- - do you think
  • 00:23:03.274 --> 00:23:05.343
  • He could face more discipline,
  • 00:23:05.977 --> 00:23:07.412
  • Any kinda disciplinary action from cbs at this point?
  • 00:23:07.412 --> 00:23:09.147
  • - well, he's going very hard against the network.
  • 00:23:09.147 --> 00:23:11.249
  • - [jordan] yeah.
  • 00:23:11.249 --> 00:23:12.784
  • - in his monologue, he took their statement, which said,
  • 00:23:12.784 --> 00:23:14.552
  • We gave him options and he said,
  • 00:23:14.552 --> 00:23:16.487
  • Here's what i think about this,
  • 00:23:16.487 --> 00:23:17.722
  • And threw it in the trash can.
  • 00:23:17.722 --> 00:23:19.123
  • As logan said, maybe he's also trying
  • 00:23:19.123 --> 00:23:21.426
  • To exit his contract early.
  • 00:23:21.426 --> 00:23:23.328
  • - yeah, maybe he's trying to get out early
  • 00:23:23.328 --> 00:23:24.596
  • Or just build some clout to, you know, for--
  • 00:23:24.596 --> 00:23:26.664
  • - spin it
  • 00:23:26.664 --> 00:23:27.932
  • Into something else. - for ms,
  • 00:23:27.932 --> 00:23:29.067
  • What do they call it now?
  • 00:23:29.067 --> 00:23:30.068
  • To get--
  • 00:23:30.068 --> 00:23:30.902
  • - [jordan] now
  • 00:23:30.902 --> 00:23:32.170
  • - for someone to give him a sweet offer,
  • 00:23:32.170 --> 00:23:33.471
  • Which i'm sure he is gonna get by the way.
  • 00:23:33.471 --> 00:23:34.405
  • You know, he is a talented guy.
  • 00:23:34.405 --> 00:23:35.573
  • He's, he's a good broadcaster,
  • 00:23:35.573 --> 00:23:37.041
  • But these are the moments where i think, think
  • 00:23:37.041 --> 00:23:38.977
  • That, i wish the american people would see through the noise
  • 00:23:38.977 --> 00:23:43.514
  • And realize that you're just being marketed to and lied to,
  • 00:23:43.514 --> 00:23:47.218
  • And it has nothing to do with the politics of it.
  • 00:23:47.218 --> 00:23:50.855
  • It has nothing to do with donald trump.
  • 00:23:50.855 --> 00:23:52.223
  • It has nothing to do with this person running.
  • 00:23:52.223 --> 00:23:54.125
  • It has to do with drumming up youtube views
  • 00:23:54.125 --> 00:23:57.295
  • So he has more clout to go sell his show,
  • 00:23:57.295 --> 00:24:02.166
  • Win his wraps up in three months.
  • 00:24:02.166 --> 00:24:05.103
  • I see things a little bit differently
  • 00:24:05.903 --> 00:24:07.472
  • And also pretending that these laws haven't existed forever
  • 00:24:07.472 --> 00:24:09.641
  • And that you've had to deal with them before.
  • 00:24:09.641 --> 00:24:11.509
  • Okay, i guarantee you, you have.
  • 00:24:11.509 --> 00:24:12.944
  • Let's take the last call the day.
  • 00:24:12.944 --> 00:24:14.479
  • Let's go to bill in wyoming about the colbert situation.
  • 00:24:14.479 --> 00:24:16.681
  • Bill, go ahead.
  • 00:24:16.681 --> 00:24:18.216
  • - [bill] with these late night tv shows,
  • 00:24:18.216 --> 00:24:20.818
  • They can actually make their own political statements,
  • 00:24:20.818 --> 00:24:23.454
  • But if they disguise it under comedy,
  • 00:24:23.454 --> 00:24:26.624
  • Then they can get away with it.
  • 00:24:26.624 --> 00:24:28.192
  • Number two, if it's controversial,
  • 00:24:28.192 --> 00:24:29.994
  • What they can do is they can put it online
  • 00:24:29.994 --> 00:24:32.497
  • So it's controversial and then people will click on it.
  • 00:24:32.497 --> 00:24:35.700
  • So that's what's called click baiting
  • 00:24:35.700 --> 00:24:37.468
  • And they can make money out of it.
  • 00:24:37.468 --> 00:24:39.137
  • - yeah. - we just kind said
  • 00:24:39.137 --> 00:24:40.672
  • That the youtube, when they posted the interview to youtube,
  • 00:24:40.672 --> 00:24:43.307
  • More people saw it on youtube than would've seen
  • 00:24:43.307 --> 00:24:45.643
  • The interview if it was only on "the colbert show".
  • 00:24:45.643 --> 00:24:48.246
  • - [logan] yeah.
  • 00:24:48.246 --> 00:24:49.580
  • - by about at least 3 million more people--
  • 00:24:49.580 --> 00:24:50.615
  • - [logan] and by the way--
  • 00:24:50.615 --> 00:24:51.516
  • - saw it on youtube.
  • 00:24:51.516 --> 00:24:52.984
  • - that is true for television in general right now.
  • 00:24:52.984 --> 00:24:54.585
  • - [jordan] right.
  • 00:24:54.585 --> 00:24:56.020
  • - so not just related to this moment, stephen colbert.
  • 00:24:56.020 --> 00:24:57.321
  • A lot of what they said,
  • 00:24:57.321 --> 00:24:58.823
  • Jimmy fallon kills it because jimmy fallon
  • 00:24:58.823 --> 00:25:00.324
  • Has actually always been in the business of seven
  • 00:25:00.324 --> 00:25:02.427
  • To eight minute content from "saturday night live".
  • 00:25:02.427 --> 00:25:04.629
  • And then of course that they were the king of clips.
  • 00:25:04.629 --> 00:25:07.198
  • Same thing.
  • 00:25:07.198 --> 00:25:08.599
  • Many more people watch "saturday night live" now
  • 00:25:08.599 --> 00:25:10.334
  • On youtube the day after than watch it live in the moment.
  • 00:25:10.334 --> 00:25:14.005
  • It's just the world we live in.
  • 00:25:14.005 --> 00:25:15.740
  • - because they can make-- - more people watch this show.
  • 00:25:15.740 --> 00:25:17.175
  • (bright music)
  • 00:25:17.175 --> 00:25:18.710
  • 98% of you watching right now are not watching me live.
  • 00:25:18.710 --> 00:25:21.245
  • You know, you're watching this show at your own decision.
  • 00:25:21.245 --> 00:25:24.282
  • You don't miss shows anymore.
  • 00:25:24.282 --> 00:25:25.583
  • - one segment because you're not as interested
  • 00:25:25.583 --> 00:25:27.485
  • In that topic, but you're interested in a topic
  • 00:25:27.485 --> 00:25:28.986
  • That's coming up, and you go back and forth
  • 00:25:28.986 --> 00:25:31.389
  • To it throughout the day.
  • 00:25:31.389 --> 00:25:32.457
  • (bright music)
  • 00:25:32.457 --> 00:25:33.591
  • - [jordan] as always, let me thank everybody at tbn
  • 00:25:33.591 --> 00:25:35.493
  • For providing this time to us at no cost so we
  • 00:25:35.493 --> 00:25:38.362
  • Can update you on the most important issues of the day.
  • 00:25:38.362 --> 00:25:41.065
  • From all of us at the aclj, thanks, tbn.
  • 00:25:41.065 --> 00:25:43.334
  • (soft dramatic music)
  • 00:25:43.334 --> 00:25:43.334