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>> in fact thats what united states court of appeals for the second circuit ruled in several of these cases. this is not the first one weve seen. >> right. >> in times they have upheld the words to be used in public venues they used your argument. >> should have been a lawyer. >> look at you. >> one lucky buy. >> i got a tweet from one of my old broadcasters. we pitched a lot of times in front of nobody but that was by choice. that is all right. all good. >> new report is v. real -- is revealing...