Ask Charlie Anything 79: What is HIPAA? Can Divil Disobedience Break Joe Biden? What is the 'Spiral of Silence?' Making Sense of the Mandates, and MORE!
00:00:00.000Hey everybody, on this Monday episode of the Charlie Kirk Show, what do we always do?
00:00:03.000Take your questions that you emailed us freedom at charliekirk.com.
00:00:07.000And when you email us and show us that you're subscribed and we take your question, you guys can get a signed copy of my book, The Spiral of Silence.
00:00:36.000I want to thank William for your very generous support from San Diego.
00:00:41.000I want to thank Oscar for your generous support from Chicago, charliekirk.com/slash support, ask me anything episode.
00:00:49.000And if you want to get involved with Turning Point USA, where we play offense with a sense of urgency to win the American Culture War, tpusa.com.
00:01:21.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
00:02:00.000You can email us directly, freedom at charliekirk.com.
00:02:03.000And a lot of questions are coming in around the mandatory vaccine.
00:02:08.000So Joe Biden announced through OSHA that he is going to say that any employer, any business with 100 employees or more are going to be forced to vaccinate their workforce.
00:02:21.000That you have to vaccinate your workers or else you will pay the price.
00:02:27.000Now, I want to go to cut 84 here before I take your questions.
00:02:31.000Remember when Joe Biden said, no, I don't think that vaccine should be mandatory.
00:04:04.000We need to enter a stage of non-compliance, of civil disobedience, and we need to be unafraid to engage in lawfare and sue the Biden regime, which we are prepared to do as soon as this OSHA rule comes down.
00:04:18.000Listen to what Joe Biden says in Cut 83, play tape.
00:04:24.000And all school officials trying to do the right thing by our children, I'll always be on your side.
00:04:32.000My plan also takes on elected officials in states that are undermining you and these life-saving actions.
00:04:40.000Right now, local school officials are trying to keep children safe in a pandemic while their governor picks a fight with them and even threatens their salaries or their jobs.
00:05:47.000You see, the idea of freedom of commerce, free enterprise, is this idea of voluntary association, that you can work for you who you want to work for, and you cannot work for who you want to work for.
00:06:03.000Now, I think that argument actually falls apart when you have these massive companies that are forcing the vaccine on people.
00:06:10.000But if you have a company that is not engaging in force, that's actually very attractive.
00:06:15.000You have any idea how many resumes we have received at Turning Point USA in the last two weeks?
00:06:20.000Charlie, I need to go work for a place that doesn't mandate the vaccine.
00:06:24.000But now Joe Biden realizes that there was a competitive labor market that was starting to be created of employers that weren't mandating the vaccine.
00:06:33.000And so you have these massive companies, Goldman Sachs, you have these massive companies, Bank of America and Amazon.
00:06:41.000They don't want to have to compete for labor.
00:06:44.000What happened yesterday was an anti-competitive intervention into the economy to protect big business.
00:06:53.000Do you know that some of the best employees for some of the biggest firms were being prepared to leave to go to firms that did not require the vaccine?
00:07:01.000So now all of a sudden, the big firms, they have a reason, they have an excuse to still mandate the vaccine and say, well, it's not us, it's the federal government.
00:07:11.000No matter where you go, you're going to have to get the vaccine.
00:07:14.000This is the untold story of what happened yesterday.
00:07:17.000Bank of America, JP Morgan, Coca-Cola, Delta Airlines, the evil companies that are undermining our country and that are funding the Democrat Party and hate your values.
00:07:30.000They were so pleased with what Joe Biden did yesterday because what Joe Biden did yesterday is he evaporated and vaporized competition in the labor market.
00:07:40.000Cut 81, Department of Labor is developing emergency rule to require that all employers of 100 or more employees.
00:07:45.000I said this, hear it for yourself, Cut 81.
00:07:48.000Tonight, I'm announcing that the Department of Labor is developing an emergency rule to require all employers with 100 or more employees that together employ over 80 million workers to ensure their workforces are fully vaccinated.
00:08:09.000So that is Joe Biden intervening and saying, hey, all of this new competitive labor market, which again, we as free market people, we love competition.
00:08:21.000So we see all these mandates and we're like, okay, well, and employers that don't mandate the vaccine, you're going to get the pick of the litter.
00:08:27.000You're going to get great workers that don't want to take the vaccine.
00:08:32.000All of a sudden, these big companies, they don't have to make adjustments, maybe in wages or accommodations or exceptions or exemptions.
00:08:41.000You see, the more mandates that come down, all of a sudden this kind of other economy that was being created gets eliminated almost immediately.
00:08:51.000And so now companies like ours at Turning Point USA, and, you know, we have the best work.
00:08:55.000We have amazing people that work for us, honestly, phenomenal.
00:08:58.000And we have no lack of people that want to work for us, I can tell you.
00:09:02.000We're not going to comply with this garbage and we will sue in federal court if we have to.
00:09:59.000I was talking to somebody whose job was to deal with OSHA.
00:10:02.000His job is to deal with a massive amount of employees.
00:10:05.000And we were at this event yesterday for Turning Point USA.
00:10:08.000And he told me something that he is not allowed to do as human resource manager of this massive employee because he's obviously sympathetic with us.
00:10:17.000And he said, Charlie, there's a law out there that I don't think people realize.
00:10:21.000And you've mentioned it before on your podcast.
00:10:24.000He said, but this could be the defining way that all of a sudden we can beat vaccine mandates, that we can beat vaccine mandates in the corporate setting.
00:10:33.000Now, it might not be bulletproof, but it's a very technical thing that if all of you hold the line and you do not disclose whether or not you are vaccinated, I'm going to tell you about this conversation, which was brilliant.
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00:11:26.000Look, if you are listening to the show, that means that maybe our own government or maybe international governments are wanting to listen to your conversations.
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00:12:20.000These companies that are trying to strong-arm people into getting vaccinated, we just got a question from Carl.
00:12:25.000And by the way, if I answer your question, freedom at charliekirk.com, you guys get a signed copy of my book.
00:12:30.000So, please email them, freedom at charliekirk.com.
00:12:33.000Now, it's not the first one to make this argument, but I did talk to this human resource manager yesterday.
00:12:37.000He said, Charlie, I'm very limited as head of AHR for this construction company to what I can ask my employees because of HIPAA.
00:12:48.000Now, according to HIPAAJournal.com, they say you can ask somebody of their vaccination status, but that's about it.
00:12:57.000Is that you're not allowed to ask why, you're not allowed to ask about doctors' conversations, and there's even federal laws that they might be breaking if they ask the question incorrectly.
00:13:07.000So, according to HIPAAJournal.com, it says, Is it a HIPAA violation to ask about COVID vaccines?
00:13:12.000By the way, HIPAA is a privacy act for healthcare.
00:13:16.000There are three rules of HIPAA: there's the privacy rule, the security rule, and the breach notification rule.
00:13:22.000HIPAA, which was passed, when was it passed?
00:13:25.000It was passed in like 1996, I think, which was the Portability and Accountability Act, otherwise known as HIPAA, the Health Insurance Portability and Accountability Act, H-I-P-A-A, which a privacy rule is the privacy rule standards addresses the use and disclosure of individuals' health information by entities subject to the privacy rule.
00:13:46.000These individuals and organizations are called covered entities.
00:13:50.000The privacy rule also contains standards for individual rights to understand and control how their health information is used.
00:13:56.000A major goal of the privacy rule is to ensure that individuals' health information is properly protected while allowing the flow of health information needed to provide and promote high-quality healthcare.
00:14:08.000Here's what it says: according to HIPAAJournal.com, they say you can ask about it, but before you ask the question, organizations or companies should be prepared for how they'll respond to individuals' answers or how they'll respond if an individual refuses to answer the question.
00:14:46.000But only organizations that are HIPAA covered or business associates are subject to HIPAA regulations with regards to how information about vaccination status is collected, maintained, used, and disclosed.
00:15:00.000Organizations not covered by HIPAA may be subject to other federal, state, or international laws.
00:15:06.000Now, is it a HIPAA violation to ask about vaccinations?
00:15:09.000They say no, but it says this: quote, it is advisable for HIPAA-covered entities and organizations subject to other privacy protection laws to amend their privacy policy notices.
00:15:27.000They're going to try to get you to release your information on why and how they're being asked about their vaccination status and how the information will be protected.
00:15:36.000The answer is not yes, I'm vaccinated, or no, I'm not.
00:15:39.000I'm telling you, I'm not getting vaccinated.
00:16:02.000But this is important, and no one's talked about this.
00:16:06.000According to HIPAA Journal, which is like the center of Fauciville, due to laws such as the ADA, the Americans with Disability Act, they cannot flatly refuse to provide service to a customer if they cannot provide their vaccination status.
00:16:23.000If a restaurant is saying that they're not going to serve you, they're breaking the law.
00:16:27.000Someone needs to go sue these restaurants immediately.
00:16:30.000They can just do it as an intimidation.
00:16:32.000We should go do this in Phoenix, by the way.
00:16:34.000Instead, if a customer has not been vaccinated or refuses to disclose their vaccination status, businesses can require the customer to wear a mask or can organize an outside delivery of their purchase.
00:16:44.000So these organizations, like what happened to Candace Owens, were like, we're not going to give you a test because we don't like your politics, which is what they said, or we're not going to seat you at the table.
00:16:53.000They're in violation of federal law of the American Disability Act.
00:17:39.000Regardless of your views, the fact remains that we lost thousands of lives that horrific morning on September 11th and over the past 20 years since.
00:17:48.000Brave men and women in our first responder communities answered the call and rushed into the unknown as we watched in horror as the morning unfolded before our eyes.
00:17:57.000343 firefighters were lost that day, and almost all of our first responders who answered that call have perished since.
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00:18:43.000And so the founding fathers wrestled with this question.
00:18:47.000And of course, there was the precursor to the United States Constitution, which was the Articles of Confederation, which was largely a mess, but there were some really good parts to the Articles of Confederation that recognized freedom of movement, Article 4, that there is a human right to allow people to move from one state to the other.
00:19:07.000Charles Pikeny or Pinkini, who drafted the current version, told the convention at the Articles of Confederation that this article was formed exactly upon the principles of the fourth article present in the Confederation.
00:19:21.000And this actually was said in the Constitutional Convention.
00:19:25.000Commentators since, though, have ever assumed that the framers omitted the express clause because it was redundant.
00:19:32.000Now, there have been many Supreme Court decisions, similarly in Paul v. Georgia, that founded that undoubted effects of the clause was to give the citizens of each state the right of free ingress into other states and aggress from them.
00:19:46.000Movement between states, the founding fathers knew was a constitutional right.
00:19:50.000If we are one country, you have the right to visit the entire country without checks, without boundaries, without vaccine passports.
00:19:59.000Now, a woman who is a very dark individual, I don't say that lightly.
00:20:30.000I think we really need to make it clear that there are privileges associated with being an American.
00:20:36.000That if you wish to have these privileges, you need to get vaccinated.
00:20:40.000Travel and having the right to travel in our state, it's not a constitutional right as far as I know to board a plane.
00:20:50.000And so saying that if you want to stay unvaccinated, that's your choice.
00:20:54.000But if you want to travel, you better go get that vaccine.
00:20:56.000And so as you heard there, the CNN health pundit, whatever that is, claims that it's a privilege, not a right, to be able to travel between states.
00:21:09.000Continues by saying that we should not allow people to carry it, we should not allow people to carry on a card that could be easily faked.
00:21:50.000Sorry, I'm having some difficulty here in the tape back.
00:21:52.000So this is the new stated position of the medical establishment in this country.
00:21:58.000The new stated position is that if you do not have the correct paperwork of a vaccine that is decreasing in any sort of efficacy and in fact showing data that it's helping spread the virus, you can't leave your own state.
00:22:11.000In fact, you might not even be able to leave your home.
00:22:14.000I want to read from you, a buddy of mine, Bill Federer, who's one of the smartest people ever, just a delightful human being.
00:22:21.000He writes in his book, The Real History from Plato to Present Socialism.
00:22:24.000In fact, we got to get Bill Federer back on the podcast.
00:22:33.000He says, Charlie, why is that so few people are fighting back against these unconstitutional measures?
00:22:39.000I want to tell you all about the spiral of silence.
00:22:44.000The spiral of silence is a phrase that every single one of you should know about.
00:22:49.000The spiral of science will explain exactly why we are being suffocated by tyrants, and you look around to your left and you look to your right, and so few people are fighting or contesting for your values.
00:23:06.000Now, we have talked at length on our program about the Ash Conformity Experiment.
00:23:12.000The Ash Conformity Experiment was, of course, this experiment where several students were lined up, and one of the students was the actual test subject.
00:23:23.000And they were shown lines on a chalkboard.
00:23:26.000And they were asked which one of these lines is the longest and which one of them is the shortest.
00:23:32.000And the other ones that were the students that were in on the experiment, not the ones being tested, would all intentionally choose the shortest one.
00:23:39.000And amazingly, they were able to manipulate the test subject into saying something he knew that was actually not true.
00:23:48.000The spiral of silence was written and it was conducted by Elizabeth Noel Newman, who wrote the spiral of silence: public opinion, our social skin.
00:23:58.000Every one of you should tell your friends this weekend in a cocktail party or at a gathering: hey, do you know about the spiral of silence?
00:24:05.000In a controlled experiment, it was found that individuals denied their privately held values in order to conform to perceived publicly held values, thus avoiding a quote negative social judgment.
00:24:21.000The famous Chuck Coulson commented on this about being one of the powers of peer pressure.
00:24:30.000In Breakpoint, November 2nd, 2011, the Emperor's News Close, Breaking the Spiral of Silence, he wrote this: One of the experiments that was conducted was about wine tasting.
00:24:44.000Participants were given three samples of wine.
00:24:47.000In reality, all three samples were from the same bottle, and one had even been heavily tainted with vinegar.
00:24:55.000Before they delivered their evaluation, they listened to other participants who were plants, they were in on it, who praised the vinegar-laced wine as the best, the disgusting wine.
00:25:07.000Half of the participants, when a guest half of the participants went against their own taste buds and joined in praising the vinegary concoction.
00:25:19.000Colson went on to explain that once people come to believe the lie, they participated in enforcing it on others.
00:25:30.000It's not just about believing the lie.
00:25:33.000You then become a stormtrooper for the lie.
00:25:37.000It's not enough just to say that, oh, yeah, I believe that the vaccine is the greatest thing ever.
00:25:42.000Biden is using the spiral of silence to create an army to enforce his own conction of lies.
00:25:54.000Nick Charter Chatter, professor of behavioral science at University of Warwick, wrote in, quote, Would you stand up to an oppressive regime?
00:26:08.000He said this: The vast majority of people aren't prepared to rebel against totalitarian rulers.
00:26:20.000An analysis that was done by organizational theorist James March and Norwegian political science Johan Olson from 2004 argued that human behavior is governed by what humans' tendency to conform to unwritten rules of appropriate behavior.
00:26:42.000I'm going to tell you how social controlled we have been.
00:26:48.000I'm here in California trying to help get Gavin Newsome recalled.
00:26:51.000And I was outside of a grocery store right near Whole Foods to go into a restaurant.
00:26:56.000And almost without even thinking about it, I went into the glove department compartment to go get a mask.
00:27:02.000And I thought to myself, I said, What am I doing?
00:27:05.000Where all of a sudden, my subconscious was saying, You need to go wear a mask.
00:27:09.000You need to go comply to get into this place.
00:27:11.000Now, thankfully, this restaurant was actually totally mask-free.
00:27:15.000So, what does human psychology tell us about this new Biden mandate?
00:27:18.000Why are people not fighting back against it?
00:29:01.000They don't want to get out of the sauna of deception.
00:29:05.000They don't want to actually have to contest and stare into the eyes of the tyrants and the despots who might take them out of that place of conformity and actually might have them be the one person that raised their hand.
00:29:16.000And I can tell you, growing up, when we were taught the atrocities of World War II, we were taught about the Soviet gulag camps.
00:29:26.000When we were taught about this, I remember some of my classmates smuggly said, this will never happen here.
00:29:33.000I would stand up against this in a second.
00:32:58.000I remember when all my classes in school, I had growing up, that the states had sovereignty and the federal government does not have the last word.
00:33:05.000I thought the federal government was the choice of the states coming together to protect us.
00:33:08.000The president cannot threaten the governors of each state for not complying.
00:33:11.000I guess this is what happens when they remove government from schools.
00:33:28.000Now, some components of the Civil Rights Act in the 1960s were terrific.
00:33:32.000Some were dreadful and never should have been part of the law.
00:33:36.000And so we got rid of states' rights as soon as an anti-racist coalition, as they would call themselves, could take over the Department of Justice and go down to small businesses in Mississippi and say, we think you're racist, we're taking your radio license away, which is something that actually happened.
00:33:52.000We are fooling ourselves with the idea of private property as long as we live under the Civil Rights Act regime post-1960s.
00:34:02.000But yes, there is still some differences between states, thankfully.
00:34:06.000But when the federal government wants to crack down, they almost always get their way.
00:34:10.000Ron DeSantis, again, being one of the few governors that leads on this issue before it becomes popular to do so, cut 87.
00:34:18.000Ron DeSantis, how can we get to the point in this country where you have to not let them earn a living because their choice on the vaccine?
00:35:12.000I can say the one thing that I'm concerned about is I'm trying to force mandates on individuals and businesses.
00:35:22.000How can we get to the point in the country where you would want to have someone lose their job because of their choice about the vaccine or not?
00:35:32.000I mean, look, some folks have reasons to do.
00:35:35.000Maybe they're making the wrong decision, but to put them out of work and send them and not let them earn a living because of this, I just think that that's fundamentally wrong.
00:35:45.000And so the question, and Ron DeSantis might say, maybe they're making the wrong decision.
00:35:51.000That sort of humility is lacking in so many leaders because when you don't know, then you should yield to rights.
00:36:00.000Now, there are some things we do know.
00:36:01.000Having children is a moral good for society.
00:36:05.000We should encourage having more children in America.
00:36:08.000Believing in a creator is a moral good for society.
00:36:12.000But pushing this vaccine, Ron DeSantis said, look, maybe it's the right choice, maybe it's not.