avery friedman in cleveland, richard herman in las vegas.en, lipa is the name of the authority. they allege the lawsuit alleges that lipa and national grid were grossly negligent. that is the quote, in restoring power to the 945,000 customers, a suit filed tuesday in the state supreme court on long island. charge that's lipa national grid grossly neglected vital mate tennance, delayed replacing the outage management system this is long, provided false information to rate payers and ignored a 2006 study that identified problems and could have minimized outages. the customers in the suit, gentlemen, are seeking unspecified money damages in review of lcipa regulations. can they be liable? >> absolutely. shades of new orleans. they're going to be accountable here. all their policies and procedures are going to be uncovered. and this lawsuit is the real deal. lip sachlt in big trouble here civilly and there may be criminal files charged by the attorney general when it gets said and done. >> we should tell you that the chief operating officer of l

avery friedman in cleveland and richard herman in las vegas. great to see you both again. se tweets, can they be prosecuted or is it freedom of speech? >> well, you know, i wonder if it's either. the problem in a case like this, this is a person sending out all sorts of incorrect messages during this horrendous circumstance that new york suffered. many feel he should be prosecuted. i think morally that is a proper answer. the problem is this term, the u.s. supreme court in a case involving stolen valor, a guy named alverez who lied about receiving medals during the war, the supreme court held that those lies are constitutionally protected. so it seems to me that based on the alverez decision, this term by the supreme court, as bad as his behavior was during hurricane sandy, he cannot be prosecuted constitutionally. i think the guy actually gets away with it. it's shame. but he's going to slide out of it based on the first amendment. >> it really is a shame. richard, what if a tweet took first responders away from an area where they really needed to be or is this a slippery