Were Macklemore’s First Amendment Rights Violated?

0:00This is an I Heart Podcast. Guaranteed Human. Want to know you're on the best path to the right car? Start at CarMax where every car is carMax certified and backed by a 10-day money-back guarantee at a price that's up front from the start. Visit CarMax.com for details. Want to drive? CarMax. This is Jacob Goldstein from What's Your Problem. Running a business is hard enough. Don't make it harder with a dozen apps that don't talk to each other. And for sales, another for inventory, a separate one for accounting, that's software overload. ODO is the all-in-one platform that replaces them all. CRM, accounting, inventory, e-commerce, HR, fully integrated, easy to use, and built to grow with your business. Thousands have already made the switch. Why not you? Try ODO for free at odo.com. That's odo.com. This is Matt Rogers from Los Coulteries. That's with Matt Rogers and Bowen Yang.

1:00This is Bowen Yang from Los Coulteries. That's Matt Rogers and Bowen Yang. You know when people try a new food, and suddenly it's like, okay, hold on. I got a new favorite food. That's the reaction a lot of people are having when they first try Cupid Mayo. Yeah, it's the one with the red cap and the little baby on the bottle. You've probably seen it at the grocery store. And this mayo is different. Most mayonnaise uses whole eggs. Cupid only uses egg yolks, gives it this rich umami flavor. It's smoother, deeper, almost buttery. Once people try it, they start putting it on everything. Egg sandwiches, fries, burgers, chefs use it, restaurants use it, people who really care about flavor use it, put it on just about anything. Then you'll understand. You'll be the original Japanese mayonnaise. Ryan Reynolds here from Int Mobile. I don't know if you knew this, but anyone can get the same premium wireless for $15 a month plan that I've been enjoying. It's not just for celebrities, so do like I did, and have one of your assistant assistants to switch you to Mint Mobile today. I'm told it's super easy to do at MintMobile.com slash Switch. Up front payment of $45 for three month plan,

2:02equivalent to $15 per month required. Intro rate first three months only, then full price plan options available, taxes and fees extra, default terms at MintMobile.com. I want to tell you about Keeper security because unlike built-in password managers, Keeper works across platforms, which allows you to securely share information with your family, with your colleagues, with your friends. And what I like about it is it goes beyond the world gardens of Apple, Google and Samsung, so that everything is accessible regardless of what device you're on. Keeper family allows you to extend this to partners and kids, making it easy to securely share important information. I personally store things like Passport and Credit Card details, so I'm not scrambling every time I travel. And it's been a complete game changer storing and accessing passwords, which makes my life more efficient, and when you're busy but also focused on security, like I am, that is absolutely critical. Keeper is offering a 50% discount on personal or family subscriptions using the promo code techstuff at Keeperssecurity.com at checkout.

3:03We know kids don't hold back. And I wouldn't want them to. Get in there, make a mess. Slide for home, bring on the stains. I've got oxyclaim versatile stain remover. It works on over 100 stains, and it's America's number one stain butter added a brand. It's color safe and chlorine free. So I use it on whites, colors, and dark fabrics. An oxyclaim isn't just for laundry. Mix it with water for use all around the house, kitchens, bathrooms, and even floors. When my kids go all in, I say go for it, because I've got oxyclaim to get the stains out. It's not clean unless it's oxyclaim. Bite into a stacked sandwich made with hero bread or a fully loaded bagel. And the only thing you'll think is delicious. You won't think it's up to 19 grams of protein, but it is. You wouldn't believe it has 11 to 32 grams of fiber, but it does. Hero bread makes loaves, buns, tortillas, bagels, and noodles packed with taste but without all the net carbs. We're talking zero to five grams net carbs per serving. With hero bread, there are no compromises. Just flavor.

4:03There's none of the stiff baked goods you expect from better for you brands. There's just the soft, fluffy bread you crave. Plus small batch drops of indulgent favorites like the popular 2 gram net carb hero croissant and the 3 gram net carb hero panoschocolat. And right now, hero bread is offering 10% off your order. Go to hero.co and use code iHeart at checkout. That's code iHeart at h-e-r-o dot c-o. All figures per serving of hero bread see nutrition facts on hero.co. Calls are media. Welcome to Ikedabit here. I'm Kevin Foster and today we're separating the art from the artist specifically taking Macklemore's solid political takes and isolating them from his, let's just say, iconic bars like, what up, I got a big cock. For those who aren't caught up, Macklemore was touring with Ed Sheeran not long ago before he was removed from the tour for espousing pro-Palestine statements

5:05on stage at MetLife Stadium in New Jersey. Specifically, he said free Palestine a few times and thanks students at Columbia University for kicking off the encampments movement in spring of 2024. Those students inspired his song, Hins Hall. The title student protesters gave Columbia's Hamilton Hall, named after Hins Rajab, a five-year-old who was brutally murdered by the Israeli defense forces in Gaza in January of 2024. In a beautiful case of Leopard's eating faces Ed Sheeran's entire lineup of opening acts and his backing band withdrew from the tour in solidarity with Macklemore. In his next performance, Sheeran gave a sort of apology speech to the crowd, reading off a teleprompter in which he did not use the words genocide or Palestinian. Rather than focusing on that due to the outstanding negative response to Macklemore's statements from Zionist billionaires, I think it's worth listening to some of what he actually said on stage.

6:05Here's a clip from his Instagram. To all of my Jewish brothers and sisters, criticism of Israel, criticism of apartheid being against genocide in no way is a criticism of you. My message is for peace, love, for all human beings to be treated with dignity, respect, and equality. So I say free Palestine. I say free Lebanon. I say free Cuba. I say free Congo. Free Sudan. Free all people in America living in fear over this terrorist organization ice. None of us will be free until we are all free. This song is called Hens Hall. Some deeply frightening stuff in there, at least for Robert Kraft, the pro-Israel billionaire owner of the New England Patriots

7:05football team, Angelette Stadium, in Foxboro, Massachusetts near Boston, where Macklemore was set to appear on tour with Shearin. Kraft was not happy with Macklemore's support of Palestinian equal rights on stage, and he confirmed to Rolling Stone that he barred Macklemore from appearing at the Boston shows over quote, recent actions, material shared from the stage during Ed Shearin's shows in New Jersey, and a broader history of anti-Semitic rhetoric, and imagery that we believe has been deeply offensive and hurtful to the Jewish community, unquote. Despite Macklemore's clear calls for equality and peace, Kraft felt his presence at Gillette Stadium would stymie the supposed goal of providing a quote, welcoming environment for all guests, and ensuring that all events held at our venue not provide a platform for hate speech, unquote. Funnily enough, those shows ended up getting canceled anyway due to severe weather warnings. But Kraft allegedly did not stop there.

8:05According to a post by Macklemore following his removal from the tour, Shearin apparently said that Kraft had rallied other stadium owners with an ultimatum. According from that post, if Macklemore stays on the tour, you will not be allowed to play in our venues, unquote. Messina Turing Group, the promoter of the US portion of Shearin's tour, said in a statement that they were notified by venues from the upcoming US tour dates that they would not allow a concert to take place with Macklemore in the lineup. Obviously, this represents a serious affront to freedom of speech, something that is far from new on the matter of Palestine. As of yet, Kraft has not discussed or denied the allegations of mounting this pressure campaign against the rapper. In response to the controversy, basically everyone and their mother chimed in, including representative Alexandria Ocasio-Cortez, who pretty well lays out the real focus of this episode. This is about how just a handful of stadium owners

9:06and the elite can prevent an entire massive issue, in this case the genocide in Gaza, but it doesn't stop there. It could be speaking out about AI. It could be speaking out about any issues. Here's where things get interesting. Rolling Stone lists seven stadium venues that allegedly objected to Macklemore's inclusion in the tour, and of those seven, five are publicly owned by either the city, county, or state in which they reside. I could spend quite a lot of time talking about how I think Edge Shearin is a coward, how it is a political statement to fold in favor of genocide deniers, but what I'm far more interested in is the first amendment implications of craft's alleged actions and the ways in which billionaires are able to wield authority over our rights, even through public institutions and capital. To discuss this in depth, I've interviewed friend of the pod, Mo Meltzer Cohen, a law professor at CUNY School of Law, experienced in defense of people targeted

10:06on the basis of first amendment protected beliefs, identities, and association. Let's dive right into that. I'm kind of wondering if you can just tell me from what you know about this case, what do you make of a billionaire kind of organizing a censorship campaign like this? Have you seen similar things in different contexts around free speech? Well, certainly, and they're all all manner of ways in which coercive social or economic pressure is brought to bear on different people or different events or forums in order to constrain the expressive conduct of different people or different groups. There's certainly nothing at all that is unique or unusual about that. I think what's important to recognize before we really get too deep into this is when we're talking about free speech principles,

11:07we can talk about free speech as or free expression as a shared cultural value. But the first amendment only applies to the government. Right? So when we're talking about censorship, we need to be clear about whether we're talking about a private individual or company refusing to platform particular speech, which is certainly censorship, but it isn't government censorship of the kind that the first amendment is concerned with. Right? Yeah. The first amendment as a legal principle, a set of legal principles, is a constraint on the power of the government to censor political speech or to censor free expression. Right? It's a constraint on the power of the state

12:07to restrict people's ability to speak, to associate with each other, to believe freely. And so I think what's interesting about this particular situation that you've raised is that, you know, an event planning company or a private theater or Robert Kraft himself as an individual are certainly at liberty to decline, to give a platform to any speech that they find offensive. Robert Kraft takes some bridge at somebody's music. He is under no obligation to subsidize it, to support it, to give it a platform. But you've pointed out that some of these stadiums at which these performances were scheduled to occur are owned by cities,

13:08are munisably owned or are owned by the state. I think one of them you said is owned by the state of Florida? Yeah. So I can like dive into a little bit of the details on that. There's specifically the stadiums that are in Philadelphia, Atlanta, Tampa, Indianapolis, and Arlington, Texas. They're not all operated by public entities, but they are all owned by public entities between, you know, City, County, and State. But in the examples where they are privately operated, it's like the Atlanta Falcons or the Philadelphia Eagles. But, you know, I reached out to these different groups, and in some cases they tried to push it onto the operators. Like in Philadelphia, they told me to reach out to the Eagles for Lincoln Financial Stadium. They did not respond to my emails. And then I had this, I think it was a Lucas Oil Stadium in Indianapolis. They did actually respond, but that was from the capital improvement board for Marion County, Indiana. And they said, quote, we can confirm

14:08Missina Touring's announcement that Macklemore will not be performing at the upcoming show. And then they said Lucas Oil Stadium is a public facility and as such is content neutral, which, you know, I had to follow up and ask about that. And they didn't respond to that, but it's a bit silly when they're sort of barring a performer. But like you said, where I feel like this was especially sort of troubling was in Tampa, they're both owned publicly and it's operated by the Tampa Sports Authority, who did not respond to my request for comment. And that seems to create this sort of complex situation. I don't know exactly what all the contracts are behind the scenes and who gets to control these things. But if it's a publicly owned and operated facility, I mean, does that raise some concerns? It sure does. And so it's interesting that they reached back out to you that Lucas Oil Stadium said, we are content neutral. So that's a legal term of art. So let's now it a little bit.

15:08Yeah. So as I said, the first amendment is a constraint on the power of the government to dictate speech, right? It says the government cannot be the arbiter of expression. And so if you have a stadium that is owned by the government, presumably that forum is a public forum in the same way that a public park would be considered a public forum. And that's legally significant. Why is that legally significant? Because in a what's called a traditional public forum, land and area that is owned by the government. Well, the government is permitted to impose constraints on the time, place, and manner of expression.

16:10Those constraints, first of all, they have to be reasonable constraints. And those constraints may not be imposed on the basis of content or viewpoint discrimination. Right. So that's what they're saying when Lucas Oil Stadium says, Lucas Oil Stadium is content neutral is a very ineligent way of saying, we are discriminating on the basis of viewpoint. So constraints may be imposed, but they have to be content neutral. They can't be based on viewpoint discrimination. They have to be narrowly tailored to serve a significant government purpose or a significant government interest. And there are a range of things that are understood to be legitimate or valid significant government interests. Right. They are things like public safety, making sure that school children's educational activities

17:11are not disrupted. Right. Making sure that people have access to and from public buildings. Right. These would be considered valid government interests. Now, that issue sort of points up the fact that with respect to stadiums in particular, there are frequently events held at stadiums where in the wake of those events, typically sporting events, there are threats to public safety. There are very often extremely foreseeable incidences of boisterousness, you'll always say, after, you know, the super bowl or the Stanley Cup, you know, publicly owned stadiums are not exercising their right to impose reasonable constraints on the time place and manner of expression by shutting down the super bowl,

18:16right, in anticipation of what they could reasonably expect to be routiness. I think Mamdani would be recalled if he tried to stop the next games over public safety concerns. I don't think Mamdani would ever do such a thing. I think so. No, I know. They won. Yeah. This is Jacob Goldstein from What's Your Problem. Running a business is hard enough. Don't make it harder with a dozen apps that don't talk to each other. One for sales, another for inventory, a separate one for accounting. That's software overload. Odo is the all-in-one platform that replaces them all. CRM, accounting, inventory, e-commerce, HR, fully integrated, easy to use, and built to grow with your business. Thousands have already made the switch. Why not you? Try Odo for free at odo.com.

19:17That's odo.com. This is Matt Rogers from Los Culturistas with Matt Rogers and Bowen Yang. This is Bowen Yang from Los Culturistas with Matt Rogers and Bowen Yang. Okay, we've been talking about Cupid Mail for a minute now, Bowen. Wow, the feedback we're getting. I mean, so many of y'all love this stuff. You're stopping us in the street going, I love Cupid. And if you're thinking, wait, what is Cupid? Do you not have the internet? It's the OG Japanese mayonnaise. The one with the red cap and the little baby on the bottle. Once you know what, you start seeing it everywhere. People ask what makes it different from basic mayo? Will the answer egg yolks? Cupid is made with egg yolks only, giving it this incredibly rich umami flavor that elevates everything. Burgers, fries, sandwiches, chicken, noodles, chefs use it, restaurants use it, people who really love food and flavor use it. Whatever you're eating, Cupid. So if you haven't tried Cupid yet, find the bottle with the red cap and see what everyone's talking about.

20:18You'll understand. Cupid, the original Japanese mayonnaise. I want to tell you about Keeper security because unlike built in password managers, Keeper works across platforms which allows you to securely share information with your family, with your colleagues, with your friends. And I personally store things like passport and credit card details so I'm not scrambling every time I travel, which makes my life more efficient. And when you're busy but also focused on security, like I am, that is absolutely critical. Keeper is offering a 50% discount on personal or family subscriptions using the promo code techstuff at Keeperssecurity.com at checkout. Hey Ryan Reynolds here from InMobile now I don't know if you've heard but Mint's premium wireless is $15 a month. But I'd like to offer one other perk. We have no stores. That means no small talk. Crazy weather we're having, no it's not, it's just weathering. And then introverts dream. Give it a try at MintMobile.com slash switch.

21:19Up from payment of $45 for three month plan $15 per month equivalent required. New customer offer for three months only then full price plan options available. Taxes and fees extra. See MintMobile.com. We know kids don't hold back. I wouldn't want them too. Get in there. Make a mess. Slide for home. Bring on the stains. I've got oxyclaim versatile stain remover. It works on over a hundred stains and it's America's never one stain fighter added a brand. It's color safe and chlorine free. So I use it on whites, colors and dark fabrics. An oxyclaim isn't just for laundry. Mix it with water for use all around the house. Kitchen's bathrooms and even floors. When my kids go all in, I say go for it. Because I've got oxyclaim to get the stains out. It's not clean unless it's oxyclaim. Bite into a stacked sandwich made with hero bread or a fully loaded bagel. And the only thing you'll think is delicious. You won't think it's up to 19 grams of protein. It is. You wouldn't believe it has 11 to 32 grams of fiber. But it does. Hero bread makes loaves, buns, tortillas, bagels and noodles packed with taste but without all the net carbs.

22:19We're talking 0 to 5 grams net carbs per serving. With hero bread, there are no compromises. Just flavor. There's none of the stiff baked goods you expect from better for you brands. There's just the soft fluffy bread you crave. Plus small batch drops of indulgent favorites like the popular 2 gram net carb hero croissant and the 3 gram net carb hero pano chocolat. And right now, hero bread is offering 10% off your order. Go to hero.co and use code iHeart at checkout. That's code iHeart at h-e-r-o dot c-o. All figures per serving of hero bread see nutrition facts on hero.co. The crispy chicken crunch wrap slider that you love is back at Taco Bell. And it's back with attitude because now you can enjoy the all white meat chicken nuggets inside a slider sized crunch wrap with hidden valley diablo ranch. What do you love most? The crispy chicken nuggets, the crunch wrap slider or maybe the hidden valley diablo ranch? But yes, the answer is yes. The crispy chicken crunch wrap slider, a brand new classic is back only at Taco Bell.

23:21In any event, it is really important to understand that it is permissible for the government to impose constraints on from expression. They have to be reasonable constraints. They have to be content neutral, right? Not discriminating on the basis of viewpoint. They have to be narrowly tailored, meaning they can't just be okay. We're going to shut down everything because we have some concern, some speculative concern that like maybe there's going to be some rowdy behavior. And finally, and critically, those constraints have to leave open what are called ample alternative channels of communication. Right. So absolutely canceling a performance would not leave open ample alternative channels of communication. Right. Yeah. And it's not clear what the public interest is in this case because you know, there are exceptions.

24:25There are things that fall outside the zone of First Amendment protections and there are things like fighting words, you know hate speech, true threats. But it's very clear that criticism of Israel support for Palestine solidarity with Palestine. Those things are not hate speech, right. Criticism of the political ideology of Zionism. These are not instances of anti-Semitic hate speech, right. Yeah. And so it's, you know, however offensive Robert Kraft or anyone else might find solidarity with Palestine to be. It is not speech of a kind that is exempted from the protections of the First Amendment. So, you know, if again, if there's a private event company or a privately owned stadium that says we don't want to have more play, they're at liberty to do that, right.

25:29They can make that decision. Yeah. We can't have or at least what deserves interrogation, what deserves a serious inquiry is a publicly owned government run entity shutting down speech at the behest of a wealthy, powerful individual, not on the basis of needing to impose a reasonable constraint or a reasonable restriction on the time place or manner of expression. And so, you know, if you're a citizen based on a content neutral analysis that is narrowly tailored to serve some significant government interest while also leaving open ample alternative channels of communication, right. And about a public stadium bowing to that kind of pressure, particularly in light of the fact that Kanye West can perform freely.

26:31And Kanye West is pretty openly anti-Semitic. And this is sort of a not even really a side note, but Kanye West performed multiple times at Raymond James Stadium in Tampa at the end of June. And, you know, while the set list FM doesn't say that he performed his song, Kyle Hitler that I guess came out in 2025. It's hard to believe or at sometimes, but it's the open hypocrisy of that is just a sounding. Well, it's never been about anti-Semitism, right. I mean, just as a side side note, there are more Christian Zionists in the United States than there are Jews in the entire world and they are explicitly motivated by explicitly anti-Semitic goals, right. One of which is to create a mass exodus of Jewish people from the so-called, you know, global North. Oh, God. And the other of which is to hasten the apocalypse at which point according to the Christian Zionist eschatology, some Jews will become Christian and remaining Jews will go to go to hell.

27:47So this is not and has never been about anti-Semitism. It is about criticism of Israel. It is about solidarity with Palestine. Now, yeah, you know, we're looking at this very sort of niche and narrow issue of what are the implications for the first amendment when we have a municipal owned or a government owned event space. And a performer is prevented from or forbidden from performing in that space clearly on the basis of what would typically be understood to be protected speech. Why does it matter? I mean, just to clarify, I am not an expert certainly in whatever kinds of leases or contract arrangements. There are between these cities or states and, you know, third party event planning. Yeah, bennies, which, you know, if there is enough space in between, you know, the stadium and the decision being made potentially by a private third party.

29:03That might initiate some of those first amendment protections. Yeah, right. I don't know because I don't know enough of the facts on the ground there. And nevertheless, I think it is really important for us to address ourselves to this question. Am I a Macklemore fan? I, you know, not particularly. I mean, he's fine, but my concern is not with a wealthy and powerful recording artist. My concern is that we look at this situation with Macklemore. And I think it is obscuring a whole range of threats to free expression for the rest of us, right? Because no, is anyone going to be real worried about Macklemore's wealth there? No, he's fine to his credit by his own admission. He's not suffering.

30:03My concern is not with Macklemore, not being allowed to play a show. My concern is with the implications for the rest of us when we're allowing these kinds of incursions into first amendment protections. And I think this is such an interesting case because the fact that it's Macklemore is actually functioning, I think, to camouflage what those threats are. Yeah. Right. Because we're also focused on the fact that it's this wealthy, powerful guy that we're missing the fact that the first amendment can't be mobilized to protect his free expression. How else might we see these end runs around constitutional protections for the rest of us? I think there are a lot of things that are protected by the first amendment that aren't necessarily legible to us as first amendment protected beliefs associations or activities, right?

31:13Because we often will think about things that are first amendment protected as being like the right to go to a particular kind of religious institution or the right to go to a protest, right? But a lot of the most important first amendment case law deals with things like our multiple adolescents allowed to hang out on the public sidewalk together without getting arrested, right? Does it constitute probable cause of unlawful conduct for there to be more than two black children hanging out together on the stoop? Yeah. Right. That's not the kind of first amendment protected activity that most people think about. It's not the top of mind when you say first amendment. Right. I think people are thinking about, you know, people like marching against the war and Vietnam. Yeah.

32:13But we do many things every day that are protected by the first amendment, not just, you know, posting on the internet, not just, you know, having privacy with respect to who we're calling, right, being permitted to make phone calls and anyone we want. Like a birthday party is a first amendment protected gathering, right, our right to assemble our right to free association, right. And so having an incursion into those protections, any incursion into those protections has implications for all of those other things. And if we stop paying attention and we say, oh, this is sort of a punchline, right, oh, Maccamores being canceled by the rich right wing stadium owners. And we don't look at the fact that there is a public performance that is being canceled by potentially the government.

33:22And we're missing a whole range of risks because what's that stake is not Maccamores career. What's that stake is the ability of all of the rest of us to freely associate to petition the government to believe the things that we believe. Without being censored, without being punished for doing so. This is Jacob Goldstein from What's Your Problem. Running a business is hard enough. Don't make it harder with a dozen apps that don't talk to each other. One for sales, another for inventory, a separate one for accounting. That's software overload. Odo is the all-in-one platform that replaces them all. CRM, accounting, inventory, e-commerce, HR, fully integrated, easy to use, and built to grow with your business.

34:30Thousands have already made the switch. Why not you? Try Odo for free at odo.com. That's odo.com. This is Matt Rogers from Lost Culture East. This is Matt Rogers in Bowen Yang. This is Bowen Yang from Lost Culture East. This is Matt Rogers in Bowen Yang. We've been talking about Cupid Mail for a minute now, Bowen. Wow, the feedback we're getting. I mean, so many of you all love this stuff. You're stopping us in the street going, I love Cupid. If you're thinking, wait, what is Cupid? Do you not have the internet? It's the OG Japanese mayonnaise. The one with the red cap and the little baby on the bottle. Once you know what, you start seeing it everywhere. People ask what makes it different from basic mayo? Well, the answer? Eguks. Eguks. Cupid is made with egg yolks only, giving it this incredibly rich umami flavor that elevates everything. Burgers, fries, sandwiches, chicken, noodles, chefs use it, restaurants use it, people who really love food and flavor use it.

35:31Whatever you're eating, Cupid hit. So if you haven't tried Cupid yet, find the bottle with the red cap and see what everyone's talking about. You'll understand. Cupid, the original Japanese mayonnaise. This is Osvaloshin from Tech Stuff and I want to tell you about Keeper Security because unlike built in password managers, Keeper works across platforms which allows you to securely share information with your family, with your colleagues, with your friends. And I personally store things like passport and credit card details so I'm not scrambling every time I travel, which makes my life more efficient. And when you're busy but also focused on security, like I am, that is absolutely critical. Keeper is offering a 50% discount on personal or family subscriptions using the promo code Tech Stuff at KeeperSecurity.com at checkout. We know kids don't hold back. And I wouldn't want them to. Get in there, make a mess, slide for home, bring on the stains. I've got oxycline versatile stain remover. It works on over 100 stains and it's America's never one stain butter added a brand. It's color safe and chlorine free.

36:34So I use it on whites, colors and dark fabrics. And oxycline isn't just for laundry. Mix it with water for use all around the house, kitchen, bathrooms and even floors. When my kids go all in, I say go for it because I've got oxycline to get the stains out. It's not clean unless it's oxycline. Bite into a stacked sandwich made with hero bread or a fully loaded bagel. And the only thing you'll think is delicious. You won't think it's up to 19 grams of protein. But it is. You wouldn't believe it has 11 to 32 grams of fiber. But it does. Hero bread makes loaves, buns, tortillas, bagels and noodles packed with taste but without all the net carbs. We're talking 0 to 5 grams net carbs per serving. With hero bread, there are no compromises. Just flavor. There's none of the stiff baked goods you expect from better for you brands. There's just the soft fluffy bread you crave. Plus small batch drops of indulgent favorites like the popular 2 gram net carb hero croissant and the 3 gram net carb hero panoshock a lot. And right now, hero bread is offering 10% off your order. Go to hero.co and use code iHeart at checkout. That's code iHeart at h-e-r-o.co.

37:45All figures per serving of hero bread, see nutrition facts on hero.co. I think when you're diagnosed with cancer, you crave a semblance of normalcy and control and so work allowed me to be me. So I think it's really important that companies stay flexible. Cancer in a diagnosis can be all consuming, but it doesn't have to be. Research shows there is a significant connection between the ability to continue to work and cancer recovery. We can make work a better place for healing. Learn more and sign the pledge at workingwithcancerpledge.com. Hi, this is highly breakman, Angel Jaretana, Jeremy Colhane, Patrick McDonald, and we're the hosts of the artists on artists on artists on artists podcast. The improvised character comedy podcast were each week a new panel of artists discuss their craft. And as for a panel of wellness influencers, what I try to do is, vote journal. I don't know, I think you guys heard of vote journaling. Yeah, it's reading. It's called reading. So you're so we don't like to use that word anymore.

38:46Okay, a panel of New Yorker cartoonists. Have you guys done Terry Gross's Peloton class? No! I've been dying too. I'm so sorry. I'm seeing a reading of Sadako in the Pousin Paper Cranes by Audrement Donald at the Wonderland bookstore, 14. I went to the Wonderland bookstore yesterday and I heard Nora Jones do a reading of Zero Dark Thirty. No way! Patrick of the last bookstore though, Kim Kertroll is reading the guitar tabs of yesterday. A panel of Eurovision participants. And we do a little Halloween sometimes. Does the Pope dress up? He, he winks on a lowly. He gets rid of next to the microphone. I hear you get the elbows here, the eyelashes hit each other. You never seen Italy so quiet as when the Pope gets up to wink on Halloween. Listen to artists on artists on artists on artists on the I heard radio app Apple podcasts or wherever you get your podcasts. One of the other things that deserves to be said here is one of the reasons that this is a little bit confusing

39:52and that the waters are so muddied. Is this issue that I referred to a minute ago with respect to these publicly owned stadiums leasing out. Digital authority to these third party companies, right? Yeah. Our private and which are as non government entities are not subject to the constraints of the First Amendment. That's not a problem with the First Amendment. That's a problem with the privatization of public life. Yeah. And I think we're seeing that in a lot of other realms as well. So for example, as we see traditional government functions being more and more assumed by private utilities. We have a situation where what you know 40 years ago might have been people petitioning the government not to build a pipeline.

40:53Right. That would have been a First Amendment protected. Gather right. We might have a protest at a government building. That would be protected by the First Amendment. Now if you have a group of people who want to protest for example, a pipeline. That whole process beginning to end may be so controlled by a private corporation. That there's no government building to protest that anymore. Right. And so what would otherwise been a First Amendment protected protest is now a bunch of trespassing charges. Yeah. Right. Because the place that people are going to do that protest to carry out that protest may be private property. Right. Yeah. You know, we're no longer petitioning the government. Now we're petitioning energy transfer partners. This sort of raises this question. On the one hand, I'm like, oh, I'm not as worried about Robert Kraft getting to say, oh, Maclumall is not welcome at Gillette Stadium.

41:59I'm thinking about the ways in which he's able to use his wealth and capital to sort of manipulate the situation with government entities or call on his NFL buddies to kick them out in other places. But there is also a consideration of around the concentration of wealth and the ways in which privatization is rapidly happening in various different instances across the country. And at what point do you see the shrinking of the public square just generally across the board and the ways in which billionaires are unable to control the narrative through that ownership. Yeah. I think one of the other things that is worth pointing out is a lot of times when we're talking about First Amendment retaliation or, you know, what we're seeing here. Right where you see an organization public or private engage in this kind of really obvious censorship on the basis of viewpoint.

43:04We usually do not see the kind of smoking gun, but you know, the putting it in an email. Yeah. And saying, I don't want to see this individual being allowed to perform for the following reason, which is that he expressed solidarity with Palestine. Right. We usually see at least a little bit more well, usually we don't have a smoking gun email. Yeah. Yeah. Or talking to the press about it like. And I think that one of the things that's actually unusual about this situation is that maybe just due to wealth and power rubber craft didn't have any compunction or concern about very publicly saying I don't want this to happen because I am offended personally by the political content of of his speech. Yeah. And I would say, you know, typically people who are at least in government who have the kind of power no better than to say the quiet part out loud.

44:07Yeah. And I think it's sort of interesting. I guess just that the billionaire class has become so comfortable with their own strength, I guess, that they're not concerned about being publicly very honest. Yeah. About their desire to censor certain people. And so, you know, in this instance, it may actually be an interesting opportunity. Just because some of these stadiums are publicly owned. And so to the extent that those stadiums can be shown to have canceled the show under pressure from this private actor. And on the basis of that private actors, sort of personal convictions, it does create an interesting opportunity. You had said something about not being clear on what the leases were and the, you know, the arrangements and contracts.

45:11And I am also not clear on what those contracts are or how they might implicate First Amendment concerns or undermine First Amendment rights. But if there were to be, for example, a lawsuit filed about it. Some of that stuff would come out in discovery in the process of turning over evidence. If nothing else, I kind of hope that, you know, one of the impact litigation outfits does file a suit. Not because I am concerned about vindicating Mackelmore's First Amendment rights. But because I think we need to really be vigilant and alert to the actual legal mechanisms by which the government is performing an end run around. Constraints on state power. To wrap this episode up, I just wanted to highlight again, although it may feel a bit silly to talk about all this in the context of Mackelmore, a multi-millionaire.

46:16I think the point is that this sets a bad precedent. Notably, we've witnessed crackdowns on university students over Palestine solidarity protests. There was a new ruling against a student from the University of Texas Austin just last week. There may still be open questions about these stadiums and their complicated contract arrangements. But either way, the wealthier wielding influence over the public square. With all that said, here is Mo with one final note. I would just like your listeners to be alert to all of the ways in which our daily lives are frankly made possible by First Amendment protections that we don't think about very often. And I would like to plug the concept and the practice of not talking to law enforcement until you have had an opportunity to consult with council. Yeah, always good.

47:18It could happen here is a production of Cool Zone media from more podcast from Cool Zone media. Visit our website, coolzonemedia.com or check us out on the iHeart Radio app Apple Podcast or wherever you listen to podcasts. You can now find sources for it could happen here listed directly in episode descriptions. Thanks for listening. This is Jacob Goldstein from What's Your Problem? Running a business is hard enough. Don't make it harder with a dozen apps that don't talk to each other. One for sales, another for inventory, a separate one for accounting. That's software overload. Odo is the all-in-one platform that replaces them all. CRM, accounting, inventory, e-commerce, HR, fully integrated, easy to use and built to grow with your business. Thousands have already made the switch. Why not you? Try Odo for free at odo.com. That's odo.com. This is Osvaloshin from Tech Stuff and I want to tell you about Keeper Security because, unlike built-in password managers, Keeper works across platforms which allows you to securely share information with your family,

48:24with your colleagues, with your friends. And what I like about it is it goes beyond the world gardens of Apple, Google and Samsung so that everything is accessible regardless of what device you're on. Keeper family allows you to extend this to partners and kids, making it easy to securely share important information. I personally store things like Passport and Credit Card details so I'm not scrambling every time I travel. And it's been a complete game changer, storing and accessing passwords, which makes my life more efficient. And when you're busy but also focused on security, like I am, that is absolutely critical. Keeper is offering a 50% discount on personal or family subscriptions using the promo code Tech Stuff at KeeperSecurity.com at checkout. We know kids don't hold back. I wouldn't want them to. Get in there, make a mess, slide for home, bring on the stains. I've got OxiClean versatile stain remover. It works on over 100 stains and it's America's never-one stain fighter added a brand. It's color safe and chlorine free. So I use it on lights, colors and art fabrics.

49:25And OxiClean isn't just for laundry. Mix it with water for use all around the house, kitchen, bathrooms and even floors. When my kids go all in, I say go for it because I've got OxiClean to get the stains out. It's not clean unless it's OxiClean. Bite into a stacked sandwich made with hero bread or a fully loaded bagel. And the only thing you'll think is delicious. You won't think it's up to 19 grams of protein, but it is. You wouldn't believe it has 11 to 32 grams of fiber, but it does. Hero bread makes loaves, buns, tortillas, bagels and noodles packed with taste but without all the net carbs. We're talking 0 to 5 grams net carbs per serving. With hero bread, there are no compromises. Just flavor. There's none of the stiff baked goods you expect from better for you brands. There's just the soft, fluffy bread you crave. Plus small batch drops of indulgent favorites like the popular 2 gram net carb hero croissant and the 3 gram net carb hero pano chocolat. And right now hero bread is offering 10% off your order.

50:27Go to hero.co and use code iHeart at checkout. That's code iHeart at h-e-r-o dot-c-o. All figures per serving a hero bread see nutrition facts on hero.co. People at work supported me while I was going through treatment. By not treating me like somebody who was going through treatment. Treatment sucks. Answer sucks. Being engaged with work really helped too. Oh, I just knew I was going to beat this day. Research shows there is a significant connection between the ability to continue to work and cancer recovery. We can make work a better place for healing. Learn more and sign the pledge at workingwithcancerpledge.com. I'm Lacey Mosley, author, actor, stand-up comedian, creator and host of SCAM Goddess Podcast. The True Crime Comedy Podcast, all about robbery, fraud and those who practice it. Each week I bring on an amazing guest. Ooh, I scammed them. What? I could talk to you for an hour. You're a generational yapper, like me. That's why I had to make yapping a job.

51:27And now you can catch full episodes of my show on YouTube. Start listening to SCAM Goddess on the iHeart Radio app, Apple Podcast or wherever you get your podcast. SCAM Goddess! You know when you try new food and suddenly it's like, wait, how did I not know about this? Ryan C. Crest here. That's how people are reacting to Cupid Mayo. The one with the red cap you probably seen on TikTok. What makes it different? Egg Yokes. Cupid uses egg yolks only, giving it this rich umami flavor that elevates just about anything. Chefs use it, restaurants use it, food lovers use it. You never tried it? Find the red cap and see what everyone's talking about. Cupid, the original Japanese mayonnaise. This is an iHeart Podcast. Guaranteed Human.