Bernie states that Max will issue an apology, but then in the same breath threatens lawsuits against people mis-attributing the comment to him.

It is good to see that Bernie will admit when he or his show guests slip into poor taste, but he'll need to grow thicker skin if he wishes to continue doing macho-man talk radio during drive time. Sure, he and his guests can say largely anything they want on-air, just as listeners can say whatever they please about it (in entirely different forums, and not even on-air, I might add).

It's freedom of expression, and Bernie's just going to have to live with it.