candidates qualifications are interim government established by our constitution political speech will occasionally have on how the consequences but our society gives greater weight to the value of free speech than the danger of the speech will be misused dozen others generally free to decide whether he wishes to disclose his true identity and his decision not to do so is an aspect of the freedom of speech protected by the  slush fund i think slush fund can have a lot of different meetings i think the reason the slush funds an appropriate way to describe the automation fund for us just because of the various definitions of the slush fund slush fund as it is understood it in the record can at versus the definition there just to sites and just identified does it make a difference how we have that definition is identified with a person who has a mask and a jail outfit i think for the purpose of deciding whether or not these statements at issue here are actionable fact or protected in the end i think the answer is yes that we should continue that we considering in some sort of been an innocent construction that could be made i think it is in construction it is not the argument i'm making at the outset they are going to make you my outside here isn't this is protected opinion and in order to determine whether or not language is checked and opinion we have to look to fo yellow there's an exclamation point so and there's also references throughout this the literary context of this particular piece is certainly one of the big it is the lead up to i mean there is no debate based upon what even though you know we're three we here at the state don't care for critters so we don't get to see some of those vibrant colors that as you've just described where we have black and white pri backers are based on lays it out nicely makes the comparison between are we listening to a soap box words or are we listening to or reading a moderate i don't even know what monograph is but it sounds to me like there's some sort of academic work so when we shi side well it's not necessarily reflected here it's obvious that this is to anyone who reads it that it is being circulated and it is intended that advocacy in the context of the republican primary and because they were public those documents were known to the public and therefore anyone who saw those documents would have known or should have known that the statements in the flyers were false the problem of those allegations are that the public documents that  the fact that he added to them and the titian just the opposite the public documents that reference to the budget the reports that his office made county board and the treasurer's report however if you look at each one of those documents automation filed by using your brief there it's it's very difficult to find information in what you do you don't understand it you just did here instead they did mushroom to balloon to whatever you want to use the phrase my two point five million dollars how do you find it hard i find that for your client time to be finding i'm not certain how my count my client found at the end you're making an allegation that may be isn't true no i'm just saying i don't know the route to which my client came to it or from asian but what i can say is that the treasurer's report which is outside the purview of the reporter's office the treasurer's work report lists nine hundred and ninety nine different files and if you knew where to look or if you knew that a fun balance for the reporter's office while nowhere in any of the reporter's office documentation might happen to appear randomly in the treasurer's report and you knew that the code for that to your argument why are you using it i use it because i think i want to underscore what that trip was that that wasn't mr cheerio doing his day to day duties as required continuing with their day to day responsibilities without having what i would call as a bonus of being able to engage in industry exercises that allow you to perhaps learn new things but it's perfectly possible to continue doing your believe that's correct that's correct and there had been e a someone there before him and he was not that person and he wasn't even in the office during that time was he i'm sorry when beforehand before he became the recorder was he anyway affiliated with the recorders of no not that i'm aware that the point i'm trying to make though is that there was no way from anyone no way that anyone in the public would know that the recorders office automation fun surplus was used by tiriel for travel to this particular event in new mexico and for someone who campaigned on a lunatic in the office i think the point of the illinois integrity file is what this man is again a final after to try and avoid disclosing the information but the judge overruled his objection so the reporter rather than suffer the consequences of the contempt did in fact answer the questions that cause of action and the merits of the case are not considered so we've got into it was slippery slope here and suddenly there are many many trials of everything because we believe that we have more than adequately playa fully completely and if we use the standards you know the obviously the cookbook is handling this this court decided happening just as a cat descended on procedural reasons that we started out with a two hundred and twenty four dollars and think it would have addressed justice for cats concerned but i think there's a cookbook there they certainly weren't when it was decided that referring to characterized that and the standard would have to be that no reasonable jury could find anything other than that was clear evidence that reading my only patients yuri's no jury could find anything else and this was this reported by the treasurer and he does that and that is done monthly it's part of the county board pac and it's part of the kind of work record is public knowledge there are multiple references not only to the automation fund but what it's all about in the public records and th referenced in our complaint and it's referenced in our argument as well so the state's attorneys the public defender they don't report balances they will report on a monthly basis monies that they days are these automation fund somehow lumped together or are they all big the clerk is an automation find the recorder has an automation i think all separately identified to my knowledge and i am not an expert to my knowledge i mean we're automation s we will take all well pled facts is true and consider them in the light most favorable to the plaintiff and whether the plan of his alleged the fish unfair switch would entitle to him relief and he said yes also one point that i just wan automation surplus was discoverable by the public he generally said it was out there public record but to me clearly skirted the question as because the answer is there is nothing that the recorder's office everything that was said there would be green or saw and understood and the what is being inserted here is not necessarily fact but political opinion to be taken with a grain of salt and that's the kind of opinion that's protected by the  has been since the beginning of time for better or worse the basis for our democratic elections that people are allowed to stand in the public square and spew their vigorous police and thoughts and for your arguments smarting we will indeed take them under the eyes met and we will issue a decision in this matter of course thank you very much we're going to stand in recess to prepare for next the case