>> MY SURPRISES, MARY JOE?

>> IN THE STATE OF THE STATE?

NOTHING THAT REALLY JUMPED OUT.

A LOT OF ASPIRATIONAL THINGS AND A LOT OF REFERENCING BACK TO THE FOUNDATION THAT, YOU KNOW, HE'S BUILDING THESE THINGS ON.

HE'S THE FIRST GOVERNOR IN DECADES WE HAVE HAD WHO HAS ACTUALLY SERVED TWO WHOLE TERMS.

THERE IS QUITE A STRONG FOUNDATION OF STATE POLICIES THAT ARE GROWING OUT OF THE DUCEY ERA.

>> OKAY.

SO LET'S MOVE ON.

REAL QUICKLY, MARY JO, I NOTICE WHEN YOU TALKED HE TALKED ABOUT THE BORDER IT'S NEVER BEEN MORE DEADLY AND DANGEROUS AND CALLS FOR LEADERSHIP.

TODAY IN RESPOND TO THIS TREASURY DEPARTMENT'S THREATS OF RECOUPING MONEY IF HE CONTINUE HIS PROGRAMS HANDING OUT MONEY TO SCHOOLS THAT ONLY FOLLOW WHAT HE WANTS TO FOLLOW AND STATE LAW, PER SE.

HE, AGAIN, REFERS TO THE BORDER FOR SOME REASON.

IS THIS PART OF EVERY CONVERSATION WITH GOVERNOR DUCEY FROM NOW ON?

>> IT SURE LOOKS LIKE.

IT'S AN ISSUE THAT RESONATES NATIONALLY AND RESONATES WELL WITH THE REPUBLICAN BASE AND AS YOU KEEP HIGHLIGHTING IT IS AN ELECTION YEAR THAT'S ONLY GOING TO HELP REPUBLICAN CANDIDATE, SO, YEAH, I THINK BORDER WILL BE IN MANY, MANY, MANY SPEECHES AND INTER WOULD HE HAVE THEN TO A LOT OF SEEMINGLY UNREPRESENTED TOPICS.

>> BEFORE WE GO WE HAVE TO TALK ABOUT SENATOR KYRSTEN SINEMA, WENT ON THE SENATE FLOOR YESTERDAY AS THE PRESS WATT ON CAPITOL HILL TRYING TO TALK FOLKS IN TO ENDING THE FILL BUSTER AND GETTING A COUPLE OF VOTING LIGHTS REG LAYING PASSED PASSED AND SHE JUST SAID NO, I AM NOT CHANGING THE FILIBUSTER AND DEMOCRATS ARE NOT HAPPY WE ARE HAD, REPUBLICANS ARE HAPPY WITH HER ON THIS STANCE BUT I DON'T KNOW HOW HAPPEN ON OTHER THINGS.

WHAT IS KIRSTEN CINEMA UP TO?

>> YOU KNOW, I THINK WE HAVE TO REMEMBER THAT THIS WAS -- SHE CAMPAIGNED AS AN INDEPENDENT VOICE AND ASKED IF IF SHE WAS PROUD TO BE A DEMOCRAT AND AT ONE POINT SAID NO, SHE WAS NOT.

AND TRIED TO SEPARATE HERSELF FROM THE DEMOCRATIC BRAND AND PARTY AND SHOW THAT SHE IS THIS CENTRIST ICONOCLAST WHO WILL DO HER OWN THING.

AND THIS FILIBUSTER I THINK IS A PERFECT EXAMPLE OF THAT.

IT IS SOMETHING THAT IS VERY OBVIOUSLY OUTRAGED PEOPLE ON THE LEFT, BOTH HER COLLEAGUES AND FOLKS WHO WORKED TO GET HER ELECTED AND FOLKS WHO WERE ACTIVE IN KIND OF THE LIBERAL AND PROGRESSIVE POLITICAL WORLD.

AND BUT PEOPLE ON THE RIGHT HAVE CERTAINLY SHOWERED HER WITH PRAISE ABOUT THIS.

MY GUESS IS THAT THIS IS A CALCULATED IN A WAY TO TRY TO POSITION HER FOR REELECTION IN 2024.

YOU KNOW, THAT THIS IS SOMETHING THAT AT THE END OF THE DAY SHE THINKS WILL HELP HER POLITICAL BRAND AND HE IS -- THIS IS THE PATH SHE'S GOING COUNSEL.

SHE'S CLEAR AND CONSISTENT WHEN IT COMES TO THE FILIBUSTER CHANGING IT TO VOTING RIGHTS SHE'S NOT GOING TO CHANGE HER MIND.

WHICH IS INTERESTING BECAUSE A MONTH AGO SHE VOTE TODAY CARVE OUT THE FILIBUSTER TO RAISE THE DEBT CEILING SHE'S NOT COMPLETELY OPPOSED DESPITE WHAT SHE ASSED THE FLOOR, SHE'S NOT COMPLETELY OPPOSED TO CHANGING THE FILIBUSTER SHE HAS FOUND REASONS IT'S WORTH DOING, BUT VOTING RIGHTS AND PASSING THE JOHN LEWIS VOTING RIGHTS ACT IS NOT ONE OF THEM.

>> MARY JO, WHAT DO YOU MAKE OF SENATOR KYRSTEN SINEMA AND HER STANCE WITH THE FILL BUSTER AND SAYING WHAT SHE SAYS WHEN SHE SAYS IT AFTER ALL OF THE, YOU KNOW, ARM TWISTING AND EVERYTHING ELSE THAT MUST BE GOING ON ON CAPITOL HILL?

>> WELL, THE TIMING WAS EXPLICIT, BECAUSE IT DERAILED THE PRESIDENT'S PLAN, YOU KNOW, CAME, WHAT, TO DAYS AFTER HIS VERY FIERY SPEECH ABOUT WE HAVE GOT TO, THIS IS WORTH FIGHTING FOR.

YOU KNOW, HE'S DROPPED HIS OPPOSITION TO GETTING RID OF THE FILIBUSTER AND SUPPORT THIS IN CERTAIN INSTANCES.

HE'S BUILDING UP MOMENTUM ON THIS AND THIS PULLED THE PLUG ON THAT.

IF YOU TAKE HER AT FACE VALUE WHAT, SENATOR CINCINNATI WHAT IS SAYING SHE OPPOSED THIS BECAUSE SHE'S TRYING TO GET PEOPLE TO WORK TOGETHER.

TO WORK ACROSS THE AISLE THAT VOTERS TELL UNITED US THIS THAT THEY WANT TO SEE THAT HAPPEN.

SHE'S WORRIED IF THE VOTING RIGHTS ACT WERE TO BE PUSHED THROUGH ONLY ON DEMOCRATIC VOTES, THAT THERE WILL BE A REBOUND EFFECT WHEN REPUBLICANS GET BACK IN TO POWER.

AND WE ARE JUST GOING TO GO BACK AND FORTHING ENACTING THINGS AND THEN TEARING THEM APART AND NOT ADVANCING.

>> YEAH -- >> BUT I DON'T SEE -- SHE'S HOPEFULLY THEY CAN DO MORE THINGS LIKE THEY DID THE INFRASTRUCTURE BILL WHICH WE HEAR ABOUT ALL THE TIME.

>> BUT, AGAIN, DEMOCRATS, NOT HAPPY WITH HER AT ALL, JIM?

>> NOT AT ALL.

I THINK SHE DRAMATICALLY INCREASED THE CHANCES THAT SHE GETS A PRIMARY OPPONENT, A CREDIBLE PRIMARY OPPONENT IN 2024.

I KNOW A LOT OF PEOPLE ARE LOOKING AT REPRESENTATIVE RUBÉÉN GALLEGOS WHO HAS BEEN PROBABLY THE MOST VOCAL CRITIC WITHIN ARIZONA'S DELEGATION.

>> WENT ON CNN AND LAMBASTED HER.

>> HE WENT ON CNN AND ALL OVER THE PLACE, HE'S BEEN UNAVOIDABLE FOR COMMENT ABOUT HOW MUCH HE DISLIKES WHAT SHE IS DOING.

AND A LOT OF PEOPLE ARE LOOKING AT HIM AND HOPING, YOU KNOW, IN SOME CIRCLES THAT HE WILL BE THE ONE THAT RUNS AGAINST HER.

>> DO YOU THINK THAT WILL HAPPEN?

REAL QUICKLY, MARY JO, DO YOU THINK SHE GETS PRIMARIED NEXT TIME UP.

>> IT'S HARD TO SAY.

I MEAN, IT'S STILL WHAT, 3 1/2, YOU KNOW, YEARS OUT FOUR YEARS.

>> YEAH.

>> THINGS CONTINUE THIS WAY, AND A LOT WILL DEPEND ON WHAT HAPPENS IN THE MIDTERMS IN TERMS OF WHO CONTROLS POWER WHERE.

IT SURE LOOKS LIKE SHE MIGHT HAVE -- WHETHER IT WILL BE A VIABLE, YOU KNOW, THREAT AS A PRIMARY OPPONENT, WOULD REMAIN TO BE SEEN.

>> MARY JO ARIZONA REPUBLIC, JIM SMALL, ARIZONA MILES AN HOUR OKAY, THANK YOU BOTH AND HAVE A GOOD WEEKEND.

UP NEXT, FREE SPEECH ATTORNEY BAN BARR TALKS ABOUT A POLITICAL AD RAISING EYEBROWS IN ARIZONA.

>> A POLITICAL AD RUNNING A ARIZONA TV STATION IS HIS RAISING QUESTIONS ABOUT WHAT IS ALLOWED IN POLITICAL TIEING IT ENDS WITH A ALL FITCH FOR A SLUR AGAINST PRESIDENTED BY GLEN LET'S GO BRANDON, ARE YOU WITH ME?

I AM JIM LYMAN AND I APPROVE HIS MENTION.

>> HE IS LET'S GO BRANDON.

>> NOW, WE ASKED FIRST AMENDMENT ATTORNEY DAN BARR ABOUT FREE SHEEPISH YOUS REGARD THIS IS KIND OF POLITICAL ADVERTISING, DAN BARR, GOOD TO HAVE YOU HERE.

FIRST OF ALL LET'S DEFINE TERMS AS BEST WE CAN.

LET'S GO BRANDON WHAT, DOES IT MEAN, YOU TELL US.

>> MY UNDERSTANDING IS IT CAME ABOUT FROM A NASCAR BROADCAST.

WHERE PEOPLE WERE CHANTING SOME OBSCENITY ABOUT THE PRESIDENT OF THE UNITED STATES IN THE CROWD.

AND THE ESPN ANNOUNCER SAID, OH, THEY ARE CHANTING LET'S GO BRANDON AND FROM THERE IT TOOK OFF VIRAL ARE YOU FROM THERE.

>> A EUPHEMISM.

>> A EUPHEMISM.

>> IT'S IN A CAMPAIGN COMMERCIAL WE JUST SAW THE END OF THE COMMERCIAL S THAT LEGAL?

>> YES.

IT'S LEGAL BECAUSE TELEVISION STATIONS MAY NOT CENSOR CANDIDATE ADS.

THEY CAN DO IT FOR THIRD PARTY ADS AND I'LL TALK ABOUT THAT IN A SECOND.

A CANDIDATE AD, SOMEBODY WHO HAS DECLARED THAT HE OR SHE IS RUNNING FOR OFFICE, WHO IS QUALIFIED FOR THE OFFICE, AND IS DOING THINGS LIKE GIVING SPEECHES AND CAMPAIGNING AND ALL OF THAT, THE STATION HAS NO ABILITY WHATSOEVER TO CENSOR THE AD UNLESS IT'S LEGALLY OBSCENE OR IT HAS THINGS IN IT THAT OTHERWISE VIOLATE F.C.C.

RULES.

LIKE, FRINGES, IF IT HAD AN EMERGENCY WARNING SIGNAL OR SOMETHING LIKE THAT IN IT.

BUT ABSENT BEING OBSCENE AND PROFANITY IS NOT OBSCENITY, THEY CAN'T CENSOR IT.

>> CAN'T EDIT IT, CAN'T REFUSE FOR RUN IT.

>> NO, CAN'T REFUSE FOR RUN IT.

>> IF THEY USE THE ACTUAL CHANT FROM THE NASCAR FANS, THAT'S A DIFFERENT STORY.

>> THAT WOULD PROBABLY BE A DIFFERENT STORY.

ALTHOUGH PROFANITY NOT OBSCENITY, I HAVE NOT SEEN ANYBODY GO THAT ROUTE YET, BUT I WOULD IMAGINE THEY MAY BE WITHHOLD THAT GO IN THE F.C.C.

WOULD AGREE WITH THAT.

THIS IS DIFFERENT FROM THIRD PARTY ADS THE ADS WE SEA SEE ALL THE TIME BY POLITICAL PARTIES OR INTEREST ADS, GROUPS, INTERESTING ADS SAYING PLACE CALL SENATOR SIN SINEMA AND TELL HER TO VOTE SUCH AND SUCH.

THEY CAN BE EDITED AND THE STATIONS REFUSE TO RUN THEM.

THEY CAN BE TOLD TO RESPONSIBLE FOR WHETHER THEY ARE FALSE STATEMENTS IN THOSE ADS, VERSUS CANDIDATE ADS WHERE THEY HAVE COMPLETELY COMMUNITY FROM BEING TOLD TO RESPONSIBLE FOR WHAT'S IN THE ADS, WHETHER IT'S FALSE OR LIBELOUS OR VIOLATES COPYRIGHT OR ANYTHING LIKE THAT.

>> SO BASICALLY AND I'LL PUT AN AD ON THE AIR THAT SAYS DAN BARR SAY FAILED ASTRONAUT WHO PUT THE UNITED STATES AT RISK BECAUSE OF HIS BAD BEHAVIOR, THAT'S GOTTA RUN?

>> THE STATION HAS TO RUN IT.

YOU COULD SUE YOU FOR DEFAMATION.

>> OKAY.

>> BUT THE STATION HAS TO RUN IT AND YOU COULD NOT SUE THE STATION FOR DEFAMATION.

>> STATIONS ARE NOT LIABLE?

>> RIGHT.

BUT THE CANDIDATE WOULD BE FOR PUT OUT A FALSE STATEMENT.

>> OKAY.

INTERESTING.

YOU ARE SAYING THAT BREAKING F.C.C.

RULES AND GUIDELINES IS THE ONLY WAY YOU ARE OUT OF BOUNDS ON THESE THINGS?

>> OR IF IT'S LEGALLY OBSCENE AND THAT'S A TOUGH TEST.

AS I SAY PROFANITY IS NOT OBSCENITY.

>> AND YOU DIDN'T CANTS BURY, CORRECT ME IF I AM WRONG HERE, YOU CAN'T BURY THESE ADS AT 2:00, 3:00 IN THE MORNING EITHER, CORRECT?

YOU HAVE TO HAVE SOME SORT OF REASONABLE ASSURANCE THEY'LL BE SEEN.

>> CORRECT.

FOR ANY SORT OF CANDIDATE ADS THEY CAN BUY TIME WHERE EVER THEY WANT DURING THE DAY.

>> OKAY.

>> I THINK IT'S CALLS REASONABLE ACCESS.

>> RIGHT.

THEY WANT TO RUN THEM DURING FOOTBALL GAMES AND WHEN THEY WILL BE SEEN.

>> THIS PARTICULAR COMMERCIAL -- >> NOT WITH THE POPEIL FISH THING.

>> RIGHT.

THIS PARTICULAR AD, DO YOU RECALL ANYTHING QUITE LIKE THIS IN POLITICAL ADVERTISING IN ARIZONA?

>> I DON'T.

AND I DON'T KNOW -- I AM NOT AN EXPERT FROM AROUND THE COUNTRY, BUT WHEN YOU LOOK AT IT IT'S IDIOTIC, FRANKLY.

THIS CANDIDATE IS PUTTING HIS -- THIS IS MY BEST FOOTER FOR WARD, THIS IS HOW I AM INTRODUCING MYSELF TO THE PUBLIC AND IT SEEMS LIKE IT'S UPSETTING A LOT OF PEOPLE.

THIS CODE WORD FOR SAYING SOMETHING OBSCENE -- OR PROFANE THE PRESIDENT I WONDER HOW EFFECTIVE IT IS, IT'S GETTING A TENSION FROM PEOPLE LIKE US, BUT I WONDER HOW EFFECTIVE IT IS.

>> AND YOU WONDER HOW SOPHOMORE I CAN AND HOW FAR THAT PLAYS.

BUT FOR PEOPLE, THE LAST QUESTION FOR PEOPLE SEE IT, THEY CAN'T -- THEY ARE UP IN ARMS, YOU'VE GOT TO STOP DOING THIS, I CAN'T BELIEVE STATION "X" IS RUNNING THIS.

THAT MEANS STATION "X" MUST AGREE WITH THIS.

THAT'S ALL WRONG?

>> IT IS WRONG.

THE COMPLAINT IS WITH THE CANDIDATE.

NOT WITH THE STATION.

THE STATION CAN'T DO ANYTHING ABOUT IT.

BUT YOU CAN DO SOMETHING ABOUT IT, VERSUS -- YOU KNOW, SUPPORTING SOME OTHER CANDIDATE OR, YOU KNOW, DOING THINGS TO OPPOSE THAT CANDIDATE.

>> YEAH, SOMETIMES IT'S WHEN YOU EXPOSE THAT THING IT MAKES A BIGGER MESSAGE THAN PERHAPS THE ORIGINAL INTENT.

>> RIGHT.

>> DAN BARR, FIRST AMENDMENT ATTORNEY, GOOD TO HAVE YOU ON, NEXT TIME DON'T GET THE BLOOD PRESSURE UP WHEN YOU SEE LET'S GO BRANDON, RIGHT?

>> THANKS A LOT.

♪♪ MUSIC PLAYING ♪♪ ♪♪ MUSIC PLAYING ♪♪ >> WHEN YOU WANT TO BE MORE CONNECTED, FRIEND US ON Facebook.

FOLLOW US ON TWITTER.

WATCH US ONLINE.

♪♪ MUSIC PLAYING ♪♪ >> AND THAT IS IT FOR NOW, I AM TED SIMONS THANK YOU SO MUCH FOR YINING US, YOU HAVE A GREAT WEEKEND.

>>> COMING UP IN THE NEXT HALF HOUR ON ARIZONA PBS ON "CRONKITE NEWS", HER ON ON THE U.S. TREASURY DEPARTMENTS TO THREADS TO CLAW LOOK FEDERAL