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.
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- 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,
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- This might not be the right standard anymore
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- For 2026 and onward.
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- - [jay] well, i think, jordan, that's exactly right.
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- You had a dual burden here,
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- Which you don't have in any other kind of case.
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- So that you had this dual burden where you had
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- To meet the threshold of knowledge, of falsity
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- And then the burden was on us to establish
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- The issues rather than the defendant having
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- To establish their defense.
- 00:11:16.543 --> 00:11:18.244
- But look, the fact that the supreme court said we wanna hear
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- From you on this is a big, it's a very positive development
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- For justice here.
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- Alan dershowitz was wronged.
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- 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