- Sup you beautiful bastards!
Hope you've had a fantastic Thursday.
Welcome back to "The Philip DeFranco Show"
and actually, a quick note before we get started.
Today at www.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
that there's still orders going out.
There are a bunch of you that said, "We want more options."
And so, that's what we're doing.
Today we are releasing two brand new
oh my god so comfy color swap
Beautiful Bastard hoodies,
as well as the first ever and fantastic
premium embroidered short sleeves.
We got the red on black
and the white on harbor blue.
They're also only available for the next 48 hours.
So right now at www.ShopDeFranco.com
grab them while you can
of course it is first come first serve.
I really wanted to sneak this one in
for you guys 'cause we have like
a whole (laughs) a whole thing planned
for the next six months.
But with that said,
welcome to "The Philip DeFranco Show."
Buckle up, 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.
Whether you're a Joe Blow throwing out 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
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, 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 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
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 that 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 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.
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:
"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,
"Merely hosting speech by others in 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.
Now obviously, this was a win for YouTube and Google
and following this decision,
we saw a YouTube's spokesperson responding, 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."
With 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,
"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 antidiscrimination,
"free-speech and consumer-contract law."
Now, all of that said,
this is personally a very interesting case to me.
I'm interested to see what happens from here.
Largely because while I cannot deny that,
YouTube, Google, all these other companies,
they're private companies.
But there's not a monopoly
but there are only a select few places
where you can kind of throw out your voice.
They got YouTube, Twitter, Facebook,
Instagram owned by Facebook.
Alright, 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 on YouTube, demonetized on YouTube.
I can't speak to other's experiences,
especially conservative people, but what I will say is
my definitely not conservative news show,
I get demonetized every single day.
Sometimes they re-monetize the videos,
usually after the chunk of people
that watch the videos have watched 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,
I 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.
Its slowly been killing our show here on YouTube
which sucks, but we also understand we don't really
have any control at this point.
And once again, 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.
But that said, regarding this story,
the allegations, the fight,
which it appears will continue,
I'd love to know your thoughts on this.
But from that because from here things get
way, way, way less advertiser friendly,
I want to now share some stuff I love today
and today in awesome
brought to you by www.manscaped.com.
When manscaping, you must always use
the right tools for the job,
and that's where Manscaped comes in.
The perfect package 3.0 kit comes with
the new and improved Lawn Mower 3.0
water proof cordless body trimmer,
and a ton of other liquid formulations
to round out your manscaping routine.
And that trimmer features a cutting edge ceramic blade
with advanced skin-safe technology to prevent
manscaping accidents which you do not want to have.
Also it has a battery that last up to 90 minutes
so you can have longer shaves.
This also includes their Crop Preserver,
a 24-hour anti-chaffing moisturizing deodorant
for below the waist.
And to keep things super convenient,
subscribers get a new replacement blade refill
for the trimmer delivered to your door every three months.
And best of all, for a limited time,
subscribers get two free gifts, The Shed Travel Bag
and the patented high performance
anti-chaffing Manscaped boxer briefs.
Which, maybe TMI, but we're friendly here.
I think arguably worth the purchase alone.
And finally all of this to say to get 20% off
plus free shipping and two free gifts,
just head on over to www.manscaped.com
and be sure to use code PHIL at your checkout.
The first bit of awesome today is
if you have not watched or listened to my brand-new podcast
with Rhett and Link, go over to www.youtube.com/convowith
or the audio platform of your choosing which (laughs)
thanks to this episode you can actually find
the audio platform of your choice over at www.linkshole.com
If you don't know why that's a thing, listen to the podcast.
And while I highly recommend all my podcasts to find out
more about others and maybe even through that
learn more about yourself.
This episode specifically has been called
the best episode of the year thus far, so yeah,
if there's a place to jump in, do it.
Then we have the official Pokemon channel
announcing the 2020 Pokemon of the year,
as well as the top 10 list.
Side note, when did everyone start hating Pikachu?
Then "SciShow" gave us why do people say
we've reached the end of physics.
"Jimmy Kimmel Live" gave us Can You Name a Country.
Then we've got the official trailer
for season two of "Dirty Money," which by the way,
if you have not watched that series on Netflix,
I highly recommend it.
It is fantastic.
We've also got Halsey on "Hot Ones,"
we've got the brand new trailer for "Candy Man."
If you're looking for more news,
Rogue Rocket did a piece on DLC,
Microtransactions gaming stories.
If you wanna see the full versions
of everything I just shared,
the secret link of the day, really anything
as all links are always in the description down below.
And then, let's talk about a really troubling,
but it was a heavily requested story.
Its among the topics that end up getting in this show
hit, suppress, but it is,
it's a story that troubled me when people were sending it.
There's this woman, we can call her a small YouTuber
by the name of Michelle Grace.
She decide to upload a video that
I'm guessing she was hoping that maybe
there was some sympathy for her
or someone was going to help her out with her loss.
But here's what I'm talking about.
(toddler crying)
- My two year old just got her ass beat.
Because no matter how many times I tell her
not to mess with my make up, she never fucking listens.
So all of this apparently centered around the loss
of her Jeffree Star palette.
She then goes on to say she might as well get a safe,
but then, she goes on to say the full extent of her loss
and then she says something that, and it kind of.
(toddler crying) - She has ruined
two palettes of mine!
And one of them is being discontinued!
One second.
My hand hurts.
Because I just beat the crap out of her.
- Now 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.
"I know that 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 said "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 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 has been very 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.
(door creaks)
- [Philip] Hi.
- More quiet time.
- [Philip] What?
- More quiet time.
- [Philip] More quiet time?
- Bye. - Alright, 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!
They don't fully comprehend the situation.
Could've been like, "Oh, mommy puts on makeup.
"I love mommy, I wanna be like mommy."
And then you, what?
You pop her or whatever you qualify as a pop?
And as this backlash 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.
- My hand hurts.
'Cause I Just beat the crap out of her.
Not literally.
(toddler babbling)
But I taught her a lesson.
Because I'd be damned (mumbling) all over me.
And I know a lot of parents might not agree with me.
But I don't normally, I don't normally spank my child.
Unless I absolutely have to.
And usually it's just a pop.
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?"
Other people are 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.
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 thread.
It's 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,
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 made me resent and fear a parent.
And it fucked me up in a way,
and if I could 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.
Kids are like sponges.
What you do to and around them is so incredibly impactful.
But 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.
It can all feel very overwhelming,
but we're gonna try and breakdown what we're seeing.
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.
With China announcing today only
"433 new confirmed infections and 29 new deaths."
Alright, so definitely a big drop.
I mean, it was being reported before
thousands of people being sick,
more than a hundred deaths in a day.
But that said, we are seeing a much different story
as the virus continues to spread outside of China.
I mean, South Korea, Iran, Italy,
all starting to see these larger outbreaks.
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 Australian Prime Minister Scott Morrsion said quote,
"The advice we have received today is,
"there is every indication that the world will soon enter
"a pandemic phase of the Coronavirus.
"And as a result, we have agreed today and initiated
"the Coronavirus emergency response plan."
Though, I do wanna note there that as of right now,
technically, this has not yet been declared a pandemic.
Though, like Australia, that doesn't mean that officials
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 U.S. Coronavirus case
of quote "unknown origin."
That's a potentially really stand-out moment
not only for the United States,
but also for the Coronavirus in general.
As far as the unknown origin, 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 U.S. 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.
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,
but it's also very important to note here
that the CDC currently still says that,
it's also possible that this person
may have just been exposed to a returned traveler
who was infected.
Right, meaning that it's also possible at this moment
that it may not actually be a case of community spread.
I don't wanna just cover this story so people panic, click,
and then they see the content and then they panic more.
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.
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.
Because let's say that there is a community spread.
That this is going to go through the United States.
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 for 4%.
Though, inside of Wuhan, saying 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 at 1918
when the Spanish flu was a thing.
There the World Health Organization estimates
that it has a two to 3% kill rate.
Alright, and let's say the number's actually 3%.
Let's take how many people were infected with
the Spanish flu in the United States, for example.
It's believe to be 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,
prepared that that restriction should be put into place.
Right, 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,
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
"nonessential duties so they can focus
"on preparedness and prevention."
Staff here, including people like public health nurses,
case managers, social workers.
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/when the virus does hit the city.
And 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 U.S. government's Coronavirus response team.
Trump saying that Pence is experienced
handling health crisis in Indiana
when he was governor qualified him for this role.
Pence also saying in this announcement,
- [Pence] This team has been at your direction,
Mister 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 in healthy American people.
- Pence also citing his response to a MERS outbreak
in Indiana in 2014.
However, this announcement has also faced massive push-back.
A lot of people bringing up Pence's response
to a 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.
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 Pence's previous op-ed rate declared that
"smoking does not kill.
"The fact 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 Emmanuel,
special advisor to the director general
of the World Health Organization, respond.
- [Ezekiel] 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.
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 almost $700 million
"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
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 dollars.
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 kinda got overblown?"
or, "Wow, the vaccine for this got done 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 is 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
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.
And of course before we hop-off to your next thing,
if you like this video, hit us with a like.
If you're new here, subscribe.
Also if you're looking for more to watch,
maybe if you missed yesterday's "Philip DeFranco" show
or you wanna checkout that brand new podcast
with Rhett and Link, you can click or tap right there
to watch either of those right now.
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 like this video.
Subscribe if you like it.