The Philip DeFranco Show - PDS 2.27 Youtube Mom EXPOSED, Youtube's First Amendment Win, & Confusing Coronavirus Updates

Starting point is 00:00:00 Sup you beautiful bastards. Hope you have a fantastic Thursday. Welcome back to the Philip DeFranco Show. And actually a quick note before we get started. Today at shopdefranco.com, we are having a surprise limited drop. The last time we did a drop of beautiful bastard gear, which by the way, so many people bought

Starting point is 00:00:13 that there's still orders going out. There were a bunch of you that said we want more options. And so that's what we're doing. Today we're releasing two brand new, oh my God, so comfy color swamp, beautiful bastard hoodies, as well as the first ever and fantastic premium embroidered short sleeves. We've got the red on black and the white on harbor blue.

Starting point is 00:00:28 They're also only available for the next 48 hours. Right now at shopdefranco.com, grab them while you can. Of course, it is first come, first serve. Yeah, I really wanted to sneak this one in for you guys because we have like a whole thing planned for the next six months. But with that said, welcome to the Philip DeFranco Show, buckle up,

Starting point is 00:00:43 hit that like button and let's just jump into it. The first thing we're gonna talk about today are tech companies and free speech, which really is a topic that almost affects everybody, right, whether you're Joe Blow throwing out an opinion, if you have a show like me, or you're a massive company. The reason that we're talking about this is that yesterday a federal appeals court in California

Starting point is 00:00:59 ruled that privately owned tech companies like YouTube are not bound to the First Amendment and can censor content. Right, and this case comes from a lawsuit that was filed by PragerU against YouTube and its parent company in 2017 after some of their videos were demonetized and restricted. And in that lawsuit,

Starting point is 00:01:12 PragerU accused YouTube of discriminating against them and censoring them because they were biased against conservative views. Claiming that YouTube had intentionally demonetized and restricted the videos as a political gag mechanism to silence PragerU. With PragerU also claiming that YouTube regulates free speech on a quote, public forum and so it should be treated as a state gag mechanism to silence PragerU, with PragerU also claiming that YouTube regulates free speech on a, quote,

Starting point is 00:01:25 "'public form' and so it should be treated as a state actor, aka the government." So essentially arguing that YouTube and other large companies should be subject to the same scrutiny that the government is under the First Amendment. And on that point there, PragerU cited a case known as Marsh v. Alabama. And there, the Supreme Court ruled that a Jehovah's Witness

Starting point is 00:01:40 had the right to give out leaflets in a town fully owned by a corporation. So essentially, Prager's argument being that Google and YouTube are equivalent to that town in this situation. But in 2018, a district court judge dismissed the lawsuit. Judge there citing a more recent Supreme Court ruling in Lloyd Corp v. Tanner. In that case, they decided that a mall could ban people

Starting point is 00:01:55 from distributing anti-Vietnam war flyers on its property. And actually in that same ruling, the Supreme Court referenced and clarified that Marsh v. Alabama only applied to the town in that case. After that decision, PragerU appealed, which of course is the reason why it went to the Ninth Circuit Court of Appeals. And then, of course, we saw the decision handed down.

Starting point is 00:02:10 Now there, we saw one of the judges on the three-judge panel explain their decision, writing, "'Despite YouTube's ubiquity and its role "'as a public-facing platform, it remains a private forum, "'not a public forum subject to judicial scrutiny "'under the First Amendment.'" And adding, PragerU's claim that YouTube censored PragerU's speech faces a formidable threshold hurdle.

Starting point is 00:02:27 YouTube is a private entity. The free speech clause of the First Amendment prohibits the government, not a private party, from abridging speech. And in their decision, the judges also pointed to a Supreme Court ruling from last year. And in that case, the highest court found that, quote, "'Merely hosting speech by others

Starting point is 00:02:40 "'is not a traditional exclusive public function, "'and does not alone transform private entities into state actors subject to First Amendment constraints. Notably here, the judges also shot down a claim that YouTube was guilty of false advertising. Obviously, this was a win for YouTube and Google and following this decision, we saw YouTube's spokesperson responding,

Starting point is 00:02:56 saying Google's products are not politically biased, PragerU's allegations were meritless, both factually and legally, and the court's ruling vindicates important legal principles that allow us to provide different choices and settings to users. But Google also reportedly saying that PragerU's claim would have had disastrous consequences for the First Amendment and online discourse. But also on the other side of things PragerU doesn't appear to be done fighting. We saw their lawyer tell the Wall Street Journal,

Starting point is 00:03:16 Obviously we are disappointed. But adding, We will continue to pursue PragerU's claims of overt discrimination on YouTube in the state court case under California's heightened anti-discrimination, free speech and consumer contract law. All of that said, this is personally a very interesting case to me. I'm interested to see what happens from here. Partially because while I cannot deny that, you know, YouTube, Google, all these other companies,

Starting point is 00:03:35 they're private companies, there's not a monopoly, but there are only a select few places where you can kind of throw out your voice. You got YouTube, Twitter, Facebook, Instagram owned by Facebook. Right, I guess now you also have TikTok. Things have been getting more and more political there. Also to the point of having your content restricted

Starting point is 00:03:49 on YouTube, demonetized on YouTube. I can't speak to others' experience, especially conservative people. But what I will say is my definitely not conservative news show, I get demonetized every single day. Sometimes they remonetize the videos, usually after the chunk of people

Starting point is 00:04:03 that watch the videos watch them. Other times they stay demonetized or the word they try and point out now is limited. Just to use this week for example, only one video has remained monetized. And yesterday they hit me twice, one for apparently covering sensitive issues as well as adult content. And I really hate admitting this, I just feel very defeated when it comes to this topic and people see me complain, but I publicly complain like one out of every 25 times I feel like I want to. It's slowly been killing our show here on YouTube, which sucks, but we also understand we don't really have any control at this point. Once again,

Starting point is 00:04:32 I share my personal experience not intending to dismantle or dismiss other people's issues, especially if they have a different political affiliation, but to share a story that is unique to our experience given what our show is. That said, regarding the story, the allegations, the fight which appears will continue, I'd love to know your thoughts on that. And then, let's talk about a really troubling, but it was a heavily requested story. It's among the topics that end up getting this show hit, suppressed, but it is, it's a story that troubled me when people were sending it. There's this woman, we could call her a small YouTuber by the name of Michelle Grace.

Starting point is 00:05:02 She decided to upload a video that I'm guessing she was hoping that maybe there was some sympathy for her or someone was gonna help her out with her loss. But here's what I'm talking about. My two year old just got her ass peed. Because, no matter how many times I tell her, not to mess with my makeup, she never fucking listens. All of this apparently centered around the loss

Starting point is 00:05:39 of her Jeffree Star palette. She then goes on to say she might as well get a safe, but then she goes on to talk about the full extent of her loss and then she says something that kind of. She has ruined two palettes of mine and one of them is being discontinued. One second, my hand hurts. She's obviously the cop out of her.

Starting point is 00:06:04 Unsurprisingly, this was not received very well, being disliked on YouTube, then spreading on Twitter. We then saw Michelle post this text that she has now since deleted, where among other things she says, I don't beat my child. Yes, I said it as an expression, meaning I know I should not have posted the video. But then going on to say, yes, I spank and pop my child, but I don't do that unless I have to. She then goes on to say, yes, I did say my hand hurt, but truthfully, spanking her wasn't the reason. I shouldn't have to explain my parenting to people who aren't parents. And to that, I would say, well, bitch, hello. She then goes on to say that the child is a happy and healthy kid. And then, oh, the kicker, she says she's smart as heck for a two-year-old. As a parent and as a former child who was hit, my personal opinion with hitting or

Starting point is 00:06:42 spanking your child, I know people argue the difference, blah, blah, blah, is to not do those things, potentially hurting or instilling fear into a child, and rather using our words. If the child is smart and old enough, having a more in-depth conversation and definitely taking every opportunity to celebrate good behavior, right? A positive reinforcement. Also, since we're talking about two-year-olds, my two-year-old, for example, when it comes to bad behavior, we have a big focus on quiet time. But also, we don't treat it as a punishment. It's like a moment to take a breath Calm down our emotions think about what we've done and then we have a conversation about it afterwards for us It's been really effective to the point of he knows if he's had enough quiet time to calm down so we can you know Talk about why we don't do a thing

Starting point is 00:07:21 Hi What? More quiet time? All right, bye bye. But also, not making this about me, pushing my opinion to the side, I feel like most people can come together and go, yeah, hitting a two year old is wrong. That's a two year old,

Starting point is 00:07:36 they don't fully comprehend the situation. Could have been like, oh, mommy puts on makeup, I love mommy, I wanna be like mommy. And then you, what, you pop her, whatever you qualify as a pop. And as this backlash was was building Michelle shared more of the video that was going around This including part of the video where it appears she kind of tries to walk it back I don't know, a lot of parents might not agree with me. I don't normally, I don't normally speak my child. Unless I really have to, and usually it's just a pop.

Starting point is 00:08:18 And it barely hurts, she cries for like five seconds. But still for a lot of people that fell short, a lot of people saying, you still are saying pop your child. What kind of hit is that? Are people thinking that while she was filming, she realized, oh, I should probably downplay this moment. And this situation is still blowing up right now. I don't know what is gonna happen next.

Starting point is 00:08:34 I know a lot of people kind of wanted me to put a spotlight on this. There is a note that I can hit on and expand on. It's actually a comment that was left on the Twitter threads from a user who responded, "'Money comes and goes, "'but what you do to your child will stay forever.'" It does, and with this situation,

Starting point is 00:08:49 I'm hoping that this woman is being just a hyperbolic asshole, that it is not as bad as she initially claimed it to be before walking it back. But yeah, every parent out there should know, that shit sticks. The only thing hitting ever did when I was a kid was it made me resent and fear a parent,

Starting point is 00:09:03 and it fucked me up in a way. And if I can add a silver lining to this, granted it's a silver lining on a shit situation. I know because I went through it that I will never do that. But I also know, unfortunately, a number of people who were hit as a kid and they're like, I'm not messed up. They continue the practice.

Starting point is 00:09:19 Kids are like sponges. What you do to and around them is so incredibly impactful. Yeah, that's where I'm gonna end this one. And then let's talk about the coronavirus because we're seeing interesting, important, and somewhat scary updates. They can all feel very overwhelming, but we're gonna try and kind of break down what we're seeing.

Starting point is 00:09:35 So as of this morning, more than 82,000 people have been infected with the coronavirus and more than 2,800 people have died. And as we've mentioned before, most of the cases that we're seeing are still in China, but also on that note, in China we are starting to see the number of cases and deaths start to fall,

Starting point is 00:09:48 with China announcing today only 433 new cases and 29 new deaths. Right, so definitely a big drop. I mean, it was being reported before, thousands of people being sick, more than 100 deaths in a day. That said, we are seeing a much different story as the virus continues to spread outside of China.

Starting point is 00:10:02 I mean, South Korea, Iran, Italy, all starting to see these larger outbreaks. Just today we saw the Japanese prime minister asking for schools there to shut down through March and until after spring break. Saudi Arabia has banned foreign pilgrims from entering the country to visit Mecca. In Australia, Prime Minister Scott Morrison said, quote,

Starting point is 00:10:16 "'The advice we have received today "'is there is every indication that the world "'will soon enter a pandemic phase of the coronavirus. "'As a result, we have agreed today "'and initiated the coronavirus emergency response plan. Though, I do wanna note there, as of right now, technically this has not yet been declared a pandemic. Though, like Australia, that doesn't mean officials

Starting point is 00:10:33 in the United States haven't also started preparing for the virus. Just last night, we saw a lot of headlines like CDC reports first US coronavirus case of quote, unknown origin. That's a potentially really standout moment, not only for the United States, but also for the coronavirus in general as far as the unknown origin

Starting point is 00:10:47 That means that this person seemingly contracted the virus without traveling abroad and without knowingly coming in contact with anyone confirmed to have the infection Reportedly that person is from Solano County, California, which is near San Francisco And so here notably according to the Centers for Disease Control and Prevention This is the first sign that the virus could be spreading within a US community. Now if this is true, if this was some sort of community spread, then that, along with the fact that the virus is usually asymptomatic until after the first 14 days, means that it is possible that others are infected and that the virus is circulating undetected.

Starting point is 00:11:14 But, and it's really important you take all the information, I know with a story like this it's very easy to just kind of latch on to the scariest stuff. It is also very important to note here that the CDC currently still says it's also possible that this person may have just been exposed to a return traveler who was infected, right? Meaning that it is also very important to note here that the CDC currently still says it's also possible that this person may have just been exposed to a return traveler who was infected. Meaning that it is also possible at this moment that it might not actually be a case of community spread. I don't want to just cover this story so people panic click and then they see the content and then they panic more.

Starting point is 00:11:35 I want people to know the situation, to be concerned, to be prepared I think is the most important thing. And I mean not only for things like supplies like food and water and stuff like that. But I mean, and the Daily really hit on this, just mentally thinking of how this could affect your day-to-day life. Or just trying to go through the steps of what would it look like if you had to stay home and not leave for two weeks, or go to your job, or go to school, or the kids go to school.

Starting point is 00:11:55 Right, because let's say that there is a community spread, that this is going to go through the United States. Right, because right now, based on the information that we have at hand, and understand, this is still a developing situation, the coronavirus has a somewhat scary death rate. According to the World Health Organization, the fatality rate in Wuhan, China was between two to 4%,

Starting point is 00:12:09 though outside of Wuhan saying that it was 0.7%. But if it actually ends up being closer to two to 4%, I mean, that's kind of the reason why so many people have been looking back to 1918 when the Spanish flu was a thing. There, the World Health Organization estimates that it had a two to 3% kill rate. All right, and let's say the number's actually 3%.

Starting point is 00:12:24 Let's take how many people were infected with the Spanish flu in the United States, for example. All right, that's believed to have been 28%. If somehow 28% of people in the United States got it, not saying this is going to happen, but if it did happen, we would potentially be talking about fatality numbers like 2.7 million people. It's part of the reason why everyone should be concerned,

Starting point is 00:12:40 prepared, that restrictions should be put into place. Right, and so actually on that note, we're starting to see places in California declaring local emergencies. This including San Diego, Santa Clara, Orange County, also the city of San Francisco, which notably hasn't had any confirmed cases yet. And while yes, that big emergency label can be scary,

Starting point is 00:12:55 what this does is a few different things. First, in a city like San Francisco, which is a big international hub, it helps clear up funds so that the city can be reimbursed later by the state and federal government. Secondly, it allows staff to be pulled away from non-essential duties so they can focus on preparedness and prevention. Staff here, including people like public health nurses, case managers, social workers.

Starting point is 00:13:12 And third, it allows officials to look at things like shelters and other opportunities to expand. Right, so in the case of San Francisco, Mayor London Breed has argued that this is more of a move to be prepared for if slash when the virus does hit the city. And then of course, the final thing that I have to hit on here is that President Trump has placed Vice President Mike Pence in charge of the US government's coronavirus response team. Trump saying that Pence's experience handling health crises in Indiana when he was governor qualified him for this role.

Starting point is 00:13:35 Pence also saying at this announcement. This team has been at your direction, Mr. President, meeting every day since it was established. My role will be to continue to bring that team together, to bring to the president the best options for action to see to the safety and wellbeing and health of the American people. Pence also citing his response to a MERS outbreak

Starting point is 00:13:57 in Indiana in 2014. However, this announcement has also faced massive pushback. You have a lot of people bringing up Pence's response to an HIV outbreak back in 2015. Notably, in that situation, 30 people were confirmed to have HIV, and that outbreak happened because people were sharing needles while abusing the painkiller, Opana.

Starting point is 00:14:10 There, health officials asked Pence to supply the town with clean syringes to help prevent the outbreak, and at first, Pence refused. And as he refused, the number of cases continued to grow, and it wasn't until 29 days later that Pence ultimately supplied those syringes as part of the needle exchange program, but by that time, the number of cases had jumped to 79. Other public health advocates and critics pointing out and says previous op-ed

Starting point is 00:14:28 We declared that smoking does not kill back that he does not believe in climate change his distrust in the effectiveness of condoms also Notably after Trump's press conference about the coronavirus We saw Ezekiel Emanuel special advisor to the director-general of the World Health Organization respond I found most of what he said a little incoherent. And, you know, he's a guy who admitted that he's surprised that 25,000 to 69,000 people each year die of the flu. That just tells you how little he actually knows about public health and about the health of the American public, because every doctor knows that and lots of health policy experts know that, and he told you, he just revealed how ignorant he is about the situation. We don't know how similar or dissimilar this is to the flu.

Starting point is 00:15:14 We know one thing, it actually is more communicable than the flu. It passes between people very, very easily. We've also seen people criticize President Trump, saying that he is setting the country up for failure. This in reference to a few things but also specifically his budget. Trump's most recent budget proposal called for the slashing of almost 700 million dollars from the Centers for Disease Control. Also regarding money as we talked about earlier this week the Trump administration is looking for 2.5 billion dollars to combat the coronavirus. We're now seeing Democrats counter that proposal. This including Senate Minority Leader Chuck Schumer countering with a proposal of $8.5 billion.

Starting point is 00:15:46 So ultimately, where I do want to end on this story is, once again, I know I keep repeating it, be concerned, be prepared, but right now do not panic. I, and I imagine most other people are hoping that a year from now we can be like, oh, remember when this was one of those situations where it kind of got overblown? Or wow, the vaccine for this got done

Starting point is 00:16:01 way faster than anyone expected. But we need to be mentally and physically prepared for if that is not the case. Especially when we have a president that seems to be downplaying the situation. I don't know if it's based off of ignorance or he's worried about the stock market, which has been taking a hit. Meanwhile, you have the CDC urging people to be prepared for a likely outbreak. And then you have Trump putting no offense to, I mean actually full offense to Mike Pence. I hope he does a good job, but his placement gives me no faith. And I found myself last night looking at the news

Starting point is 00:16:28 just wishing it felt like a competent adult had been put in control of this. Once again, that last bit, my personal feelings and opinion on the topic, right? We talk about the story, what people are saying, then I give a little bit of me. But yeah, that's where we are right now. And that is where I'm going to end today's show.

Starting point is 00:16:42 And of course, before we hop off to your next thing, if you liked this video, hit us with a like. If you're new here, subscribe. Also, if you're looking for more to watch, maybe you missed yesterday's Philip DeFranco show, or you wanna check out that brand new podcast with Rhett and Link, you can click or tap right there to watch either of those right now.

Starting point is 00:16:54 But with that said, of course, as always, my name's Philip DeFranco, you've just been filled in, I love yo faces, and I'll see you next time. I hope you liked this video. Subscribe if you like it.

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The Philip DeFranco Show - PDS 2.27 Youtube Mom EXPOSED, Youtube's First Amendment Win, & Confusing Coronavirus Updates

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