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WBEN NewsRadio 930>Audio & Video on Demand>>3-7 Tom Bauerle Show Hour 2

3-7 Tom Bauerle Show Hour 2

Mar 7, 2014|

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Automatically Generated Transcript (may not be 100% accurate)

News radio 930 WB he had. I -- the look and he would be great but I think that yeah if -- but hold look. -- -- -- -- -- Maybe you're better off not having the surgery but taking the pain -- why can't really feel stupid but apple people in charge. I'm not only -- I don't know what this. Good. Kind of evicted people you know. I'm very happy for these greedy and dirty you know partner one simple request. And ask. There have sharks went. But didn't make everything that I. It is our land we're talking about one of my favorite issues and that is the constitution of the United States particularly. The bill of rights of which he first bill the web First Amendment to the -- bright spears you know that whole freedom of speech freedom of religion. The establishment clause we will not have a state religion nor will the state prohibit the free exercise of religion which is often forgotten. In today's interpretation. But we have a guy in Hamburg whom I happen to believe is being bowl. Because he has been issued summonses by the zoning Nazis. That's probably strong by the zoning officials saying that his son is in violation. Village ordinances and it's going to the tone -- Even though it's a village ordinance and I'm sure Paul could explain that he felt inclined to do it when I say Paul my guest is Paul Camry -- local attorney and he lives. For the First Amendment I mean this is this as his bag maybe this kind of thing is exactly his bag. And one part in my bag that. Lima criminal defense -- day in and day out but this is a sub specialty. And you know I wanted to just. You -- that distinction between what do in this I thought I did that mean we it is a little bit better. Okay let me let me re ask the question are their power parallels between this case Paul. And a similar possibly analogous case out of the do Missouri. Well yes note here here's the situation in what do. When lady want it to express something against the war there were exceptions. To sign -- But the Supreme Court found that those exceptions. Did not include. Allowing personal messages political messages and so. And then. You know remember I said there has to be -- -- other channels and they have to be. And they have to be affordable. And -- In this amber ordinance the argument that the city is going to make it does. Necessarily mean that it will be successful. But they're going to say we in fact. Political. Action unlikely to. But it's restricted to four weeks these four. And election out if I worst rusty. I would be arguing all of this is a personal message on my -- charge. A homeowner. This is not something that's tied to specific bands like an election. And so really the only way I can protest this actively. They -- expect is support either criticism of formal. And state or simply criticism of the state back. I'm -- cents on the side of my house and saw a lot. And none of your exceptions copper so that statute. Spiteful. Very important part of political speak. And there are no adequate. Alternative avenues you know light candles and posters and like that the Supreme Court finds those things are not. Adequate or not this. And you get and you know it YouTube -- just. And -- on felt awful about it sink in at W he would do well that's the argument I would make. If I'm amber I'm gonna say it's time place and manner we have a political exception. And that's all you. Okay well what Paul another question that has come up and ultra my best to get a cheap laugh out of this from some people but when it comes to science. Especially those who might remember people will be Larry -- When it comes -- does size matter. Yeah sure of course you have to be able to get that. I mean a space if this -- instead. You know you have a political message this to be an inch. But on the other hand. You know if it's a political maps that we like to see obviously that being an obvious example. There's a little bit more but new -- and I think what happened is whoever. Came up with this Hamburg ordinance was trying to get or how do whether. It is another story I don't think. That they're saying because. I think what do -- To no particular event. Justice -- equity it would it would two off to war. What I any particular day. Is right in Hamburg exception is. To a green event which election. So to me you should have the right to get a personal message out other events or weeks before somebody's trying to elect. Even though it be relevant Stockton about well. That'll be there -- that. -- -- if you the other that you mention Ostrosky and by Ostrosky you're talking about James Ostrosky who is an attorney who's also Avery a strong libertarian. The first thing you would do would be to search exactly how many of these violations summonses have been issued previous to this one and under what circumstances. Yeah all right and I think you're gonna find the answers -- And you can't try to prove. And would you then try to prove forgive my interrupting again but would you then try to prove them that the enforcement against this particular message was arbitrary capricious and therefore in violation of this man's civil rights. Now what I would do it at the judge should conduct here. And put the people under -- that would force the statute. And that adds that all the powers that this came here and who brought it here. But the circumstances. What was the discussion and I can you that it would somebody strong in the party who decided they did like the message. And they decided to direct the assaulting attic up there. And I -- -- underwrote and -- and hole. That you know that troops would come up most times it does because. Even though they might feel powerful politicians are a little bit daunted by the idea. Lying under oath that that could be a real. Allies do I ask for hearing. And I stay might -- preliminary research shows. That there were no violations issued for people -- political speech and as opposed to. You know ever -- a product or is this or something like that which are clearly not. You know in the same category and what it is that the judge -- hearing we put these people underwrote. And I'll bet you that. That I'll start because somebody did like the -- If on the other hand you were deep spending Hamburg in this matter. What would you do. Well that he -- -- -- for -- to -- about like the bully it like you but out what I would say is that it's time place and manner. We do have an exception for political speech. You did mention all the all sold the relevant time credit speech the most relevant time as when he being reelected. And four weeks we elected you sign up and get your message out for four weeks at a very relevant event which is his reelection. And that's how would be to set. So let's just get back to something you said earlier. All all all actually another question -- Cayman. You know sometimes people get involved in these called the -- -- special developments which are are governed by homeowners associations. I don't think that is the case here but when you are part of a Condo association or homeowners association. You basically doomed when you make that purchase sign away some of your rights do you not. Well yes and no let me give me. If you have a private. You write like that called -- whatever like a -- huge -- the -- And you let somebody. On the end. And speak. Through sign through who. Through whatever then you're stuck now you made it quasi public forum. And you have to open it up to all speech whether you like it or that is long and since fighting words and so. So that's the first question is it quasi public. We got into this beleaguered. In the Maryland man said MD. The whole tour that they. Where it honestly I was born and all the rest of that they tried to say that only Marilyn Manson couldn't play at the battle. The meadowlands is really 88 not state Salt -- City. Even though it's administered by. -- public authority and they several everybody else to -- but yeah. I thought it was also publicly recognize cemetery we Jimmy Hoffa being. That's just where people's sacred. Well what happened. Actually so at what they apple allow. Religious revivals and other things there they obviously open up form to speech that they agree -- Added this is clearly content based. Adds an injunction to soothe the app or allow it and the federal court agree -- an order. The Rangers. And once you open yourself up some canned speech so they're called this an example. If home owners association a while some religious group committed for a sign you know -- whatever. They would -- You then how many others who say things that they don't agree wit and that would be the. All I have but just one more question for and I'm gonna get to right after traffic on that WBM but I -- make sure that their Friday go a little better in the past few days have gone for summer afternoon commuters we do pride ourselves folks on getting your traffic information asap Alan Harris thrives on -- I thrive Monica's that we help people every day in a lot honestly. We do enjoy it here's Alan Harris. Well I don't believe in heaven or -- -- so there. Maybe closest you'll find a heaven is Hedo in Jamaica and I don't think there's condoned in scripture. -- as far as AccuWeather partly cloudy tonight the overnight low 29 tomorrow that cloud cover a couple of snow shoppers 36. Have such a horrible person 42 at news radio 930 WB yet. Paul is there any thing I failed to ask you about this Hamburg case the First Amendment. And political science. Which would be germane to the discussion but IA not being an attorney did not ask the question -- of asking the question. I'm not gonna take we've covered all the issues all the relevant issues once we. That discriminatory. Time place and manner either not exceptions. Either adequate. Other avenues of expression. -- Arabic T. Saying that -- to be analyzed. You know it if -- Hamburg official right now I'm thinking to myself why -- really wanna put my taxpayers on the potent -- hook. -- zillions of dollars in punitive and compensatory damages when this guy wins in a civil rights lawsuit. Well I I think not only do they now want to look at -- two judges. That the last thing they wanted to do -- be involved in something that it acts but they expect. Because they know that there are also a lot of voters out there. -- -- Our gun supporters. And nobody wants to ruffle feathers so in my opinion that story why they have bail out. This. So we'll see courts go it's really the best places federal court because -- -- reported for life. -- it is constitutional issue civil rights issue. And that's for a Paul -- tell you as always worked profound pleasure and even honor it is to speak with you on occasions like this and I'm delighted that you took the time and trouble to a touch -- -- us. But -- fighter also because you know there -- a lot of people who really don't know the area and it's important. Just get legal information out but -- correctly for patient out. They're too many people commentators. Nationally and locally basically don't know what they're talking. To others. See an insult to me I'm glad to be our. But but it just so so -- -- you would give me an -- plus some what I said before your parents right. -- and I was impressed that you know about what do. Say would do is so very very well don't take anybody who's done any kind of work in the First Amendment area and it is Ottawa. Actually -- Steve Steve all stuff brought that to my attention I can't even claim originality on that I promised some -- I'll have an original thought when that happens I'll let you know. Yeah it it it's but but there that maybe some. RO Paulo we'll talk to you soon and one of these days I'll take you to Kennedy's golf. You got a table below for our -- driven to dean thanks very much take it easy walk every local attorney and. Defender of liberty and you know there's going to be times when Paul's gonna say things and you're gonna say I don't like that. But he is very consistent defender of individual rights even the ones that we don't like sometimes. And as I've said folks. Here's here's how you know you work in the right this is my opinion. If you would find yourself just -- exercised. If a Republican town went after and Obama lover. As a Democrat town is going after a Cuomo -- It if you can be equally outraged by both attacks on liberty consider yourself an American and my friend. Please I mean don't call me 3 in the morning needing a grand but you know a friend of the distance on WB Ian. It is. 33 AM news radio 930 WPP. At night and again I don't wanna thank you a local attorney Paul -- for joining us guessing as a criminal defense attorney but then he also is an expert par -- launch -- -- constitution. Specifically. The bill of rights and if you listen to my show at all within the past year year and a half you know that I've had a very very heavy emphasis. On the bill of rights and one of the reasons don't. The things that I upset over and over again. And I'm glad that some people actually get this and actually I'm kind of honored by. Because some of the people whose knee jerk reaction to me in the past has been I think the bastard. I think when they listen to what I say. -- I would be equally as passionate in my defense. Of an Obama supporter. I felt was being unfairly maligned persecuted or attacked in a Republican town. As I am over what this guy in Burke is going through folks those are empty Woertz. That is reality. That is how I really really figure. I've told this before I don't like bullies. And on the kind of guy that if Christians or Catholics are being bullied. All be there to defend if Jews are being bullied I'll be eager to defend if Muslims are being bullied I'll be there to defend if homosexuals are being bullied I'll be there to defend our people like bullies. I just I don't and I know sometimes people might think probable. Probably a -- when other people are being bullied dammit. Does that make me just as -- probably remembers I was gone the either. But you know folks there is. Something to reset and a lot to be alert. From. From Dr. Martin Luther -- I don't like a legitimate all this week but I mention them a number of times I recently. And the reason -- well -- only reasons. I happen to be very much in the Dr. Martin Luther King these days. Number one. His intellectual superiority. The man is very. Genius beyond measure. He knew people he -- issues. Number two. He was a fallible human beings just like a certain talk show host back in Africa named top. Martin Luther King was never perfect he liked the ladies. Martin Luther King Oliver was extremely spiritual and he had a sense of a higher purpose about him. Which didn't benefit him -- benefited other people who did not have. The intellectual gifts and the spiritual reality and the awakening that he had that. And Martin Luther King also knew when he learned this from Gandhi and he learned it from Thoreau he also knew that sometimes. To make a point. Sometimes. You stay out of the gutter and sometimes you take the high road and you let the opposition. Horror you're an all over you will you stand there and take it because there's a certain nobility. In -- One final one might almost -- turning the other cheek. Because what other people see what you are willing to endure. To make your point. I want to tell you something that can make you more converts. To your political cause then can a rally a march assigned. Or any number of venomous posts on Twitter or FaceBook or social media in any way shape or four. And I will never give up my testosterone. And what little I have left but I'll never give that up. But folks. When you really pay attention. To doctor Martin Luther king and what he did in -- very short life. It it's quite remarkable. And he was also I might add a Republican but it's -- back when Republicans have for -- so. That's the lesson for today one of my lessons for today. There's a time a street fight there's time to brawl. But there's also a time. Tool lets your enemies. And to let the opposition show the world who they are. And how intolerant they ER. And often you'll find in life than your enemies will make your way forward. By their own action. And I know that for some argue that's a tough concept to grasp. Those of you who have Smithsonian on demand on -- -- Time Warner it's channel 1019. Smithsonian on demand if you have a chance this weekend. And you don't know anything about. Doctor Martin Luther -- that you thought that Ronald Reagan just signed Martin Luther King day into a holiday because you want it to appease all black people or appeal to the black vote. You really need to watch that show. The Martin Luther King tapes some of the most incredible footage I've ever seen. I've watched it two or three times. And it never fails to just. -- Brittany. To the edge of my seat even knowing the unhappy. Outcome the only bad thing I can say about the show is that Jesse Jackson plays a prominent role. And it also you know what and there's also a lesson in that for those who would open their eyes and pay attention. That no matter how well intentioned Jesse Jackson might have been in his youth. That eventually. He became like almost the anti Martin Luther K. He did he did this stuff Martin Luther King never would have -- -- In terms of basically well extorting people. Hey you're racist but if you get a million dollars to -- cause you're not a racist anymore Martin Luther King never would have done. I'm convinced that I only wish and that's a bad thing about studying history folks is that sometimes you come across these people. And you've heard them before but that you know more about that you take the time to learn more about them and -- yourself perhaps as I do. Boy I wish it would have met him. I I I wish I would have had a chance to met Martin Luther can't. I really do. I I just at edges to interview him would have been unbelievable you know -- -- -- WBN's John -- folks actually had a chance to interview and hang out with Dr. Martin Luther King I kid you not. And some of the best moments of his life went up for John recount that story. -- the moments he spent with that doctor kick. So for those -- you -- carrying the fight a what is tie this up now around the edges just in case anybody thinks a rambling. The fight for your rights to party. Was done by the beastie wars but the fight for your rights. You've got to know -- to be bellicose. You have to know. -- to scream and shout from the rooftops. You have to realize when it is time to be. Filled with rage. And filled with anger and righteous indignation. But. You also. As a defender of freedom. And as somebody who values liberty and if you're listening to my show I know you already do. You also strategically. And tactically have to know when it's time to pull back. And when it's time to let the enemy show there colors of hatred and disrespect. And non encompassing and non inclusion. Okay. Believe me when I tell you these things folks. You know Michael Savage in the -- we just -- said. That's what he does he's paid to study this stuff and communicated to well that's what I've sent. Not that he stole it from me -- but that's what we'd do as as talk show hosts and sometimes folks it's very tempting. When you've got a clear shot you can tell. And and you've got setter -- all it up in the scope and all you've got to do and I'm speaking metaphorically by the way not threatening anybody but. Sometimes the hardest thing to do is to know. That you could take out your target and beat down -- it. Yet there's a higher road to be taken that can win you more adherents. And he got to know -- to just take your hand away. Set your piece down and do it another way and again I'm speaking metaphorically. Not in reality. So with this -- situation in Hamburg. I have a question for another Paul -- every exploited very very well. He's an attorney who specializes in criminal law and the First Amendment so obviously I would expect him to explain it very well. Do you think the guy in Hamburg is being picked on because it's a Democrat town now. And this guy signs are against and -- safe and against Andrew Cuomo. And unless somebody can prove to me evidence to the contrary your -- evidence to the contrary. That is my belief. That this man is being persecuted. Over his political viewpoints. And as I said very close to the beginning of the show. I hope that he is able to file a civil rights lawsuit. And a civil rights lawsuit that will compensate him for his legal fees as well as punish. The town or village of Hamburg for infringing upon what is a sacred right. For which liberals. Conservatives. Black white Asian have all died over the years because I always like to remind you guys it wasn't just the conservatives who stormed the beaches are indeed there. -- great classic American liberals who also stormed the beaches on. Don't ever forget that none of us has a monopoly. On defending this country and what it wants. It was a joint effort we could not have done it separately. We have to do it together. Keep these things in mind folks I speak the truth. And don't give me quote asked Veritas even though we are coming up upon Easter. And Good Friday -- were pilots said Jesus what is true. Quote -- -- very tops its Latin what is truth. A very very penetrating question and a disturbing question irrespective of the age in which it is past. So do you think those guys -- -- ball 8030930. Michelle -- seamlessly go from biblical Latin to. Is is he being -- just like that. 8030930. Is the phone number. Start ninth birdie on the cellphone. And 180616. WB EN would you wanna live extort a guy whereas this sign on his garage. It would not bother me in the least. And why would it not bother me in the least. Because I live in a neighborhood where I've got an all pro liberal who's always got signs up. And I respect his First Amendment right to put up signs now where I live we do have -- I'm restriction. OK but every election cycle they're up. And and god bless him for being involved. He might not agree with anything I say anymore that I agree with anything he sets. But it is his right as in America. To express his opinion without fear being vandalized. Castigated. Violated. Smeared it or anything else. And and that's what that's what he's being an American what it's all about folks. 8030930. Start I'm 3180616. WB yen. And the preceding ten minutes may have been some of the finest radio done in 35 years. I'll tell you what is much as I. As as as much as I don't wanna make Allen work too hard tonight because the poor guy is like earned about five -- this week. If you know what's going on that is slowing things up on the tuna the east all the way from the big blue water tower all the way back through Miller's report. Let us know our traffic command number is 80303218030321. And if you ever rented any major major major major traffic. Mongolian clustered dances you can give me a call -- -- thirtieth always free. Let me get to it to the calls on WBM -- I got to close a window -- legacy this fellow's name on line one it's bill on a cell -- Bill well welcome to the show Iran. It can't -- ball. Of course. I -- -- yeah I think you've been -- by the count of -- like I really agree to videos. I wanted. Well I heard this story first during the morning. You -- -- mortgage and one thing that excited -- that intro to read that because there are important. To that. It if that's the case then the guys just do. Because they gave him a warning. And told him he can't do it in violation of -- -- code. But if the -- code itself is unconstitutional. I wouldn't call that Stewart but I called it courageous. Well. Yes and no it can't go to a place Fareed I mean you're not -- building within ten feet of a property boundary you're not a lot. All Jim Crow laws were in were in place for a reason to but the reasons were pretty good. I was trying to have fun with you I'm not trying to be contentious jerk I'm just trying to I'm trying to have a little fun with you and give us both thinking okay. No no I agree I agree completely I don't I don't like a lot of people all part how go to a place for reading. And if they issued a war in drilling and he didn't change. It and I mean there aren't there -- a because legally they cinema put -- stake in the ground book been received by. Port forward. And and avoided the conflict with the -- code and they couldn't do anything about it. So if they -- being. Any didn't changer then at that point he's just been really. Always say no I I disagree because I bet would be like saying Martin Luther King was an idiot. From marching in Birmingham because he was just basically begging to do have the law. I saw him. Well I see an analogy there did you announcing the analogy. Only bothers them would be idiots because. The British said you will pay this tax on -- and the founding fathers set up yours inducted into Boston Harbor. Yeah but I think there's a big difference between having. I huge public outcry in the huge push for bank. -- -- -- -- -- -- It's earlier this is the First Amendment to the constitution. Of which we are speaking. Mean that's kind of important. Well -- First Amendment that would be in the bank but if you live in a place there as -- about how all you can do these bank. You'd have to abide by those -- Let me let -- take let me take -- different let me take a different approach. -- what you're saying here and that is this what. If the town of Hamburg. Where the village of Hamburg has issued no other citations. For this alleged violation. In the past year. Does that not seem then to be arbitrary and capricious at a political retribution. Oh yeah I thought I agree with you completely up that point I think he's I think you'd be in this would be and all the dirty air that's for sure. Well it might voided if they get ensuring the war in October. Which it sounds like they did. And he still didn't change and I don't need to be a debate but I doubt in my mind at that point would have made that I'd like to pick. Come back briefly and told that Albert. Right I understand that I I you know what went. Again we get back to -- to Avery basic point if you were doing nothing wrong. And the talmud gives you a warning and you say up yours you have no legal right to stand upon because the First Amendment -- the First Amendment trumps your silly little law. Then I don't think the man is an idiot I think the man is rather he wrote. -- yeah there's nobody I don't know the the First Amendment trumps our law. -- -- The foundational law of this country trumps everything well least used to until we had a president who said that whenever and wherever possible he would basically. Go past congress into a river valley one. We no longer are a nation of laws -- you may have me on that one. Well I. I I appreciate I appreciate the brain droppings -- I can steal a a phrase from George Carlin and I don't mean that in a -- to -- way could talk it would. They aren't they cute right -- we look at. 8030 my thirtieth WB and your calls coming up.

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