Podcast Summary: The Dan Le Batard Show with Stugotz

Episode: #BecauseMiami: RIP 1st Amendment

Recorded: February 6, 2026

Overview

In this episode of The Dan Le Batard Show’s #BecauseMiami segment, host Billy Corben is joined by guest Elliot Rodriguez, activist Joshua Epstein, and attorney Courtney Caprio. The discussion centers on the erosion of First Amendment rights—spotlighting the ongoing legal battles in Surfside, FL, against government abuses of power and retaliation against dissent, and then pivots to the wider climate of anti-immigrant policies in the U.S., especially how they impact the Cuban-American community in Miami.

Key Discussion Points & Insights

1. The Joshua Epstein Surfside Lawsuit: Standing Up for the First Amendment

[00:30–14:41]

Background

• Billy Corben recounts the 2024 false arrest of Joshua Epstein, an 18-year-old activist who regularly challenged Surfside town officials during public meetings, including then-Vice Mayor Jeff Rose and Mayor Shlomo Danziger.
• Epstein was arrested following a confrontation over alleged physical contact, which he denies. The criminal case was dropped due to lack of evidence, but Epstein is now suing past and present town officials for false arrest and abuse of power.

Abuse of Power and First Amendment Retaliation

• Attorney Courtney Caprio details the “campaign of First Amendment retaliation” waged against Epstein and other residents:
  • Danziger actively pushed for Epstein’s prosecution even after state attorneys declined charges.
  • Residents were forcibly removed from meetings for public comments critical of officials.
  • Parody and satire—protected speech—became the target of police investigations.
  • Shlomo Danziger erased electronic records after leaving office.
• Notable Quote:

  “We don't have a dictatorship with palm trees. We have a democracy, and we must protect it. And that's why we filed this lawsuit.”
  — Courtney Caprio ([05:33])

• Epstein and Caprio highlight a culture of fear in Surfside, likening the officials’ behavior to “authoritarian regimes” many immigrants sought to escape.

Evidence and Accountability

• Corben underscores the importance of public records in accountability journalism and expresses concern about officials’ attempts to withhold or destroy them.
• Caprio confirms that significant evidence of “collusion and retaliation” exists, and highlights the difficulty of obtaining documents due to officials wiping devices and stonewalling requests.
• The current mayor, Charles Burkett, has spoken in support of accountability, a rare move for a sitting official defending a town in litigation.

Epstein’s Message to Voters

• With Danziger running for mayor again, Epstein calls for Surfside voters to protect their freedoms at the ballot box:
  • Notable Quote:

    “Let’s never give our freedoms away to people who think they can do whatever they want to us. … You can speak out against them, but you can't throw them in jail and pick them up on a Friday night and throw them in TGK because that’s not what we do in this country.”
    — Joshua Epstein ([13:48])

2. Immigration Crackdown & the Cuban-American Experience

[16:01–31:21]

Elliot Rodriguez’s Stand Post-Retirement

• Legendary Miami journalist Elliot Rodriguez, recently retired, explains his decision to break from a career of objective reporting to speak out directly against federal actions targeting immigrants, inspired by his own parents’ Cuban immigrant story.
• Rodriguez joins a public service campaign with businessman Mike Fernandez, motivated by disturbing parallels between current U.S. policies and the early days of dictatorship in Cuba.

Changing Political Winds for Cuban-Americans

• Corben references a New York Times headline about record numbers of Cubans being deported, a major shift after decades of “Cuban exceptionalism.”
• Cuban-Americans in Miami, many of whom voted for Trump in 2024 expecting “only bad hombres” would be targeted, now face the reality of mass deportations affecting their own community.
  • Notable Quote:

    “I'm getting a lot of ‘this is not what I voted for. I thought they were going after the bad hombres.’ … I'm saying, weren't you paying attention?”
    — Elliot Rodriguez ([21:13])

• Rodriguez poignantly shares that had his parents’ paperwork been scrutinized in the 1950s, they too might have faced deportation, emphasizing empathy and the principle that all should be treated equally under the Constitution.

Political Hypocrisy and Electoral Fallout

• The hosts and Rodriguez criticize Cuban-American politicians for their complicity and hypocrisy, noting that many now feign outrage only as Latino voters shift away from the GOP following the impact of harsh deportation policies.
  • Notable Quote:

    “They're hypocrites. … What he [Mike Fernandez] is seeing now in the United States reminds him exactly of what was happening in his country when he was 12 years old and he left.”
    — Elliot Rodriguez ([29:44])

• Maria Elvira Salazar and others are called out for focusing not on policy but political consequences—specifically, fears of losing upcoming elections as Hispanic voters sour on the Republican Party.

Anti-Immigrant Climate and Broader Danger

• Corben and Rodriguez highlight the rapid expansion of anti-immigrant tactics, including reports of “goon squads” detaining citizens and non-citizens alike, and the ominous implication that Miami could soon become the next target.
  • Notable Quote:

    “Nobody in the United States of America should be subjected to somebody pulling up in an unmarked car wearing a mask and asking them for their papers. This is not Nazi Germany.”
    — Elliot Rodriguez ([31:06])

3. Media Manipulation, Exclusion, and American Identity

[32:12–end]

Right-Wing Response and Dehumanization

• The episode closes with a sharp critique of right-wing influencers who dismiss Cuban-Americans speaking out for immigrant rights as not “truly American,” encapsulated in a vitriolic rant played on air.

Identity and the Right to Belong

• Corben points out the absurdity and malice in telling people born in America to “go back” to countries they’ve never lived in, underscoring the precariousness of “belonging” in modern political discourse:
  • Notable Quote:

    “For the record, he wants her to go back to Cuba. She was born in Miami.”
    — Billy Corben ([32:55])

Notable Quotes & Moments

• [03:39] Billy Corben jokes about the “Slow Mo Danziger” parody song, illustrating the history of satirical resistance in Surfside.
• [09:09] Joshua Epstein recounts how even his mother was investigated for sending a clearly-marked parody email to officials, highlighting overreach.
• [12:18] Caprio: “They thought they could just reign with impunity. … That’s not correct and that’s why we’re bringing this case.”
• [21:13] Rodriguez: “I'm getting a lot of ‘this is not what I voted for. I thought they were going after the bad hombres.’ … I'm saying, weren't you paying attention?”
• [25:59] Rodriguez challenges Rep. Salazar and other local Republicans: “Did you not find out exactly what Donald Trump was going to do? Because the rest of us knew.”
• [31:06] Rodriguez: “Nobody in the United States of America should be subjected to somebody pulling up in an unmarked car wearing a mask and asking them for their papers. This is not Nazi Germany.”
• [32:44] Clip: “You want to talk about we? Go back to Cuba and talk about we … How dare you come here and tell us that.”

Important Timestamps

| Time | Segment | |-----------|--------------------------------------------------------------------------| | 00:30 | Billy introduces the Surfside legal saga and guests | | 02:46 | Epstein’s description of the abuses and community fear | | 04:54 | Courtney Caprio details the legal argument and evidence | | 09:09 | Satire/parody retaliation and escalation described | | 11:13 | Battle over public records and destruction of evidence | | 13:08 | Courtney on Mayor Burkett’s support for accountability | | 13:48 | Epstein urges voters to protect freedoms | | 16:01 | Elliot Rodriguez’s post-retirement activism and personal immigrant story | | 21:13 | Discussion on Cuban-American voter response to mass deportations | | 29:44 | Rodriguez calls politicians “hypocrites”; draws analogies to Cuba | | 31:06 | “Goons squads” and the new normalization of anti-immigrant practices | | 32:12 | Matt Walsh clip: “Go back to Cuba” / Examination of American identity |

Summary & Takeaways

• The episode weaves together local struggles for free speech and accountability in government (Surfside lawsuit) with national trends of authoritarianism and anti-immigrant policy, especially as they challenge the self-concept and political alignments of Miami's Cuban-American community.
• Listeners are left with a powerful reminder that the erosion of civil liberties—whether through local silencing of dissent or mass federal deportations—demands vigilance, activism, and above all, the courage to speak out, even when it's inconvenient or uncomfortable.
• The hosts and guests, in a tone that’s both passionate and comedic, encourage listeners to protect democratic values, hold officials accountable, and make their voices heard at the ballot box and beyond.