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Send he goes talk and breaking news. This is a game 760 metres trial I'm advocating that's one of the stories we're following and I am 761 well Martina's the man accused of shooting his older brother to death during a fight at pounders sports pub in Escondido last year was ordered today to stand trial on murder and attempted murder charges he's being held on $4000000.00 bail San Diego County Water Authority general manager Maureen Stapleton says she will retire after nearly 25 years of the agency's how she was appointed general manager in 1905 schools in the Julian Union High School District Julian Union School District and mountain Empire school district will be closed tomorrow and that's because of the expected snow this report is sponsored by state or brothers get club size items at state or brothers with no membership fees fast checkout same quality and hundreds of items at every day low prices state or brothers where you always get more club sizes for less showers into tomorrow with temperatures in the fifty's am 760 talk and breaking news. Here's a. Rather timidly going to. Be in the bowels of a hidden somewhere under a brick comes to you remember this week we once again made contact with the. Market and here are number 87738138118773813811 we're going to do. Something that this program's become known for we're going to take a step back we're not going to go into the Sprint lane with all the others right now we make it there we may not but we want to. Take a look at our history your history as it applies today because it's very relevant to current events and that is freedom of the press. I'm not going to do a long dissertation on this I will one day but I'm not going to do it now. Freedom of the press. You know freedom of the press is nothing more than an extension of freedom of speech. There was freedom of speech before there was a press. The revolution that enabled a free press was the printing press. Was the printing press. And. Many of the great patriots both in this country and other countries. That were responsible for advancing the case of Western Lightman and reformation with the men who say they were men. Who ran the printing presses and there were a relative handful of them. In the early colonial period much of the equipment was shipped to what we now call the United States for the colonies from Britain. And these printers were often on the run because the colonial governments basically they were British governments. At the time. Which suppress them if they didn't like what they were printing and there was prior restraint subject matter limitations and also it's very controversial. From a religious perspective because some of the so-called heretics. Would print things that. Traditional and fundamental church authorities would disagree with. And so we have freedom of speech. And then we have a printing press. Which was a very difficult process. We only had a handful of newspapers in the pre revelled Revolutionary War period and many of them would print also pamphlets we had what we call pamphleteers. And they would get the word oh now you might say well there was a real concentration of power with only a handful of printers but the truth is. There really wasn't the concentration of ideology. Through mechanisms there was a concentration of philosophy through a belief system. But there were all kinds of people commenting on all kinds of things. And the information would be read in a newspaper or be read in a pamphlet and keep in mind America not yet a united country is a very big place. And transportation was very slow communication was very slow so even though we had these relatively few printing presses and relatively few newspapers in these pamphleteers and so forth. Information basically was carried by word of mouth. Over dinner. One farmer to another the American people were actually quite literate. They read philosophers that aren't even taught in our public school system because those philosophers would be cited in order to advance the cause of liberty and representative government. And anti taxation. They would be used as justification for the views of what would become the American Revolution for independence. Now again I said I'm not going to do a long dissertation on this but let's jump ahead a little bit. As you know who listen to this program the original Constitution did not have a bill of rights. The reason wasn't. A. An objection to what was in what would become the Bill of Rights the reason was a very rational one which was if we start listing these rights but if we miss one what if we mistake. Because individual human rights are really quite infinite whereas government's powers are quite limited and so they felt under the construct of the constitution that they could amend it to include these various amendments and besides they had promised. The states of Massachusetts and Virginia and New York which were all hedging whether or not to ratify the constitution believe it or not. That their concerns would be addressed in the 1st Congress which they were. And in the House of Representatives James Madison took to the floor of the house. He was elected to Congress from Virginia he had actually defeated somebody you may have heard of James Monroe who had become president down the road. But they ran in the same district. They've been the same area. James Madison took to the floor of the house he said Fellows we made a promise to the States they would take into consideration their concerns. Which they shared with us. As a basis for ratifying the Constitution and we said we would and now we must and so Madison asked that the House of Representatives meet as a committee of whole. But they voted that down. So they had a committee that would look at these amendments chaired by Madison they came up with 17 of them. They sent those proposals to the Senate the Senate will do them down to 12 and I remember the Senate was not the Senate of today senators were not elected. By the People of the state. They were chosen by the legislature. So they came up with the house adopted the 12 and then they sent these amendments for ratification to the states which met in conventions as they could under Article 5 there was a convention in each state. And the states adopted 10 of the 12 amendments. The 1st 10 amendments the Bill of Rights 10 of the 12 Amendment One of them being the 1st meant. That when these amendments were adopted and for some time thereafter. They applied to the federal government they protected the individual and the states. From this new centralized federal government they did not apply to the states let me repeat that these amendments did not apply to the states that would come later in an invention by the Supreme Court called the incorporation doctrine. In which they would decide which amendments or which part of which amendments. Would be applied to the states that's not in the Constitution it's something that the Supreme Court did whether you like it or not that's what the court. One of the amendments much after its adoption that was applied in incorporated into the States is the 1st Amendment . The 1st Amendment has a number of protections and it doesn't religious liberty which is ignored by the left for the most part the right to assembly. And others but it also has. Freedom of the press. Freedom of the press. Press points to the 1st Amendment and freedom of the press and says that's us and we're defending freedom of the press. Now back to history I told you when the 1st Amendment and the others were adopted they didn't apply to the states that includes freedom of the press. Many of the states had their own protections in their constitutions for the press and speech. But they had something else. Libel laws. Libel laws. Before the 1st Amendment was incorporated by the Supreme Court to apply to the states. The states have their own laws as applies to libel. Seditious libel I guess they would call it. And so while you would have federal prosecutions against newspapers. Public officials and politicians you might well have state prosecutions and you certainly would have state lawsuits civil lawsuits for libel in state courts. Virtually every other member of the Constitutional Convention. Supported that. Thomas Jefferson who was not at the Constitutional Convention he was in France at the time. Came to support it too. And in fact even though the Republicans came to office opposing the Alien and Sedition Acts that were imposed. By James Adam and the Federalists. Republicans came to office opposing those laws at the federal level nothing to do the state. And unlike Adams who supported the systematic prosecution of the opposition party newspapers Jefferson did not even at the state level but he would never interfere with state law and the right to bring cases against individuals or newspapers. As a matter of fact. So long as the national government. The power to punish abuses of the press the actions of state governments. Could have been limited in effect but still they had an effect. And as Richard Buel Professor Richard Buel has written this thread of local prosecution helped make the Federalist instrumental in establishing the right in several state judicial systems to plead truth as a defense. Truth would become an absolute defense to a libel suit. So dependent on the state. But in many states and a growing number of states truth was an absolute defense to live. Moving forward much faster in 1964 the Supreme Court stepped in again when it comes to public officials and basically said you know you newspapers journalists you media types have at it. You can say almost anything. About a public official about a politician. It doesn't matter there has to be actual malice and they created a test they manufactured fabricated a test which is enormously difficult for any public official to when. They're rare occasions. So no longer are state libel laws. Supreme when it comes to public officials and the media. No longer longer our regular libel law Supreme when it comes to public officials in the media. Difficult test that was put in place. 55 years ago. By the Supreme Court on its own. What have been the consequences of that I'll explain that when we return blood. Varian. What if donut shops were like most investment firms they'd sell one kind of donut and expect everyone to like sprinkles no. 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Chair extra comes with a 30 day no questions asked guarantee of complete satisfaction go to extra live in dot com now and use code live in foot rest and you'll get a free foot rest that's Exchequer Levin dot com. Betting he's funny get out the phone your big gulp and you always learn something from our club and he's on the radio. So what what's happened is there is affectively no way for any individual organization. In the public square to defend itself. Against libel from the media. So you have people on c.n.n. And m s n b c and other places who just day in and day out call the president a racist or a Nazi or a whatever it is. Throw out any kind of libel they wish. Because they know effectively there's no recourse. For any public official you don't have to be elected. And you don't even have to be a public official a public person I think. And so what the Supreme Court did in 1964 is a Change the 1st amendment to change the history behind the 1st Amendment and it's put it put its finger on the scale of justice and it leans very very heavily toward media corporations. Now one might say well then people would use all these lawsuits to try and put them out of business. You know that's the effect that every business has to deal with. C.n.n. Is a massive corporation it's part of a massive conglomerate and this n.b.c. Is part of a massive can clobber we're talking about tens of billions of dollars both. The New York Times is owned by the richest man on the face of the earth the Washington Post is supported by one of the richest men on the face of the earth. And what I'm saying to you is I don't encourage fabricated or fallacious lawsuits of any sort whether you're suing Exxon Mobil. Mart Microsoft Apple or any media conglomerate. But are we better off because of this decision in the u.s. Versus Nixon you know. Our great Justice Clarence Thomas who understands American history one of the few who does John Roberts doesn't Kabanov doesn't. He said maybe we ought to revisit this us versus next versus Sullivan rather this United States versus Solomon decision in 1984 and immediately he's attacked as doing Donald Trump's dirty work How's he doing Donald Trump's dirty work Donald Trump will be out of office one term 2 terms long after this has significance. But that's what you can expect from the critics in the media that's what they do they attack. We don't have a free press today. We have pretenders. And you'll notice more and more talk show hosts are talking about this since I've been talking about this for years now in great detail going through the history going through the specifics more and more of them finally have the guts to speak out it's fun to watch like many of our colleagues and talk radio supported comprehensive immigration reform until we took the point of the spear here and fought it like hell when they joined ranks. The silent. They're all hiding. I spoke out about the silent coup