Freedom of speech means freedom for those who you despise, and freedom to express the most despicable views. It also means that the government cannot pick and choose which expressions to authorize and which to prevent.
In the Pentagon Papers case, the government asserted in the Supreme Court that the publication of the material was a threat to national security. It turned out it was not a threat to U.S. security. But even if it had been, that doesn't mean that it couldn't be published.
I've written important articles on prevention, on the concept of the preventive state, how the law is moving much more in an area of trying to prevent wrongs than trying to deal with them after they occur. That will be my academic/intellectual legacy.
If you're a prosecutor, and you believe the defendant is guilty, you only talk about ultimate truth, but not intermediate truth. If you're the defense attorney, you care deeply about intermediate truth, but you tend to neglect ultimate truth.
In today's distorted world of 'human rights,' truth takes a back seat to ideology, and false claims - especially those that 'support' radical ideologies - persist even after they have been exposed.
There are two kinds of terrorism. Rational terrorism such as Palestinian terrorism and apocalyptic terrorism like Sept. 11. You have to distinguish between the two.
If we move away from the American tradition of lawyers defending those with whom they vehemently disagree -- as we temporarily did during the McCarthy period -- we weaken our commitment to the rule of law... So beware of an approach which limits advocacy to that which is approved by the standards of political correctness.
It is the wall of separation between church and state . . . that is largely responsible for religion thriving in this country, as compared to those European countries in which church and state have been united, resulting in opposition to the church by those who disapprove of the government.
I'm worried about privacy because of the young people who don't give a damn about their privacy, who are prepared to put their entire private lives online. They put stuff on Facebook that 15 years from now will prevent them from getting the jobs they want. They don't understand that they are mortgaging their future for a quick laugh from a friend.
I read in the newspaper that the Catholic Church finally decided that it had been theologically improper to try to convert the Jews. Whoops! Sorry for all those inquisitions, crusades, and autos-da-fe. Previous popes were wrong - infallible, perhaps, but wrong.
I think that lawyers are terrible at admitting that they're wrong. And not just admitting it; also realizing it. Most lawyers are very successful, and they think that because they're making money and people think well of them, they must be doing everything right.