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This is a photograph of a smiling woman with her dog and the embedded joke which is text that's on the photograph itself is i will murder your whole family. does that make any difference? again, when it comes down to whether there's a harassment case or something actionable, does that make any difference? >> it makes a huge difference. paul, did nobody grow up in a neighborhood? was nobody on a sports team ever? clearly we need to go back to joke writing 101. the reason the meme is because the woman and the dog are on it. it's ridiculous. even if martin wanted to bring a lawsuit, he would have...

Draft pick. he was loosing his job. the team had a four-game loosing streak and he couldn't handle what was going on. that is not to defend ritchie incognito for using racial slurs. he was thrown out of nebraska, oregon and rams and is on his way out. there is a harassment case. this isn't to say he knows right from wrong. but martin in this instance went to the principal for issues and we don't know the other half of the story. we don't know the dolphins or martin's story. >> the dolphins day mroont tonight for the first time since

That's not part of the federal judicial system. >> bigger picture. these prisoners say the solitary confinements lockups goes on for years and years in some cases. they are protesting, they're not using the words cruel and unusual but why don't they take this to the legal venue. why don't they sue? i know a driver of bin laden who sued donald rumsfeld and won. why don't they do that? >> the california prison system has been found to be in violation in the past year or two. they have repeatedly told the california system you have to release some people because the prisons are so horribly overcr...

Make a run at the white house in 2016 wants to make it perfectly clear he's a natural born united states citizen in compliance with the united states constitution. he's a texas republican. his name is ted cruz. he was born in canada to an american mother, which may technically make him a dual citizen. if that's the case, cruz says he plans to renounce his canadian citizenship. he issued a statement saying nothing against canada but i'm an american by birth and as a u.s. senator, i believe i should be only an american. senator cruz moved to the united states when he was age four across the bord...

Off. sincerely, one pissed off mother. while you germinate for a little bit i want to bring in federal prosecutor jeffrey toobin and cnn legal analyst mark nejame. where to begin? let me start with you because the canadian authorities are taking this seriously. they are looking into the possibility that this might constitute criminal behavior and a threat of some kind what have you found? >> canada doesn't have the first amendment. in the united states i don't think this would be grounds for any sort of case. the first amendment allows you to say some hateful things and i think it would cover ...