Our First Amendment expresses a far different calculus for regulating speech than for regulating nonexpressive conduct and that is as it should be. The right to swing your fist should end at the tip of my nose, but your right to express your ideas should not necessarily end at the lobes of my ears.
I have no doubt that if an actual ticking bomb situation were to arise, our law enforcement authorities would torture. The real debate is whether such torture should take place outside of our legal system or within it. The answer to this seems clear: If we are to have torture, it should be authorized by the law.
I believe that if Israel were to put an end to the settlements in the West Bank tomorrow, as it did in Gaza, there would still be reluctance on the part of the Palestinian Authority to recognize Israel's right to exist as a Jewish secular democracy.
Imagine a legal system in which lawyers were equated with the clients they defended and were condemned for representing controversial or despised clients.
I came from a poor family, so working and going to school at the same time was natural. It taught me multi-tasking, although we didn't call it that back then. I learned I could never be idle, I need to be doing many things at once.
Yes, believers and non-believers and skeptics can all live together and get along. But there cannot be an imperialistic imposition of religion by the state or by the church. All people must be equal--believers, skeptics, disbelievers, atheists, and those who chose religion. Unless we are all deemed equal, and unless the morality of disbelief is deemed the equivalent of the morality of belief, we will simply be tolerated, and that is not the American way.
It's never acceptable to target civilians. It violates the Geneva Accords, it violates the international law of war and it violates all principles of morality.
You know, it's ironic to me that Christians want to keep the Ten Commandments in our schools, because Christianity has abrogated four of the Ten Commandments. For example, the Sabbath day according to the Ten Commandments is Saturday, not Sunday. And the reason is because God rested, not because Jesus was resurrected.
I have always considered "Pascal's Wager" a questionable bet to place. Any God worth "believing in" would surely prefer an honest agnostic to a calculating hypocrite.
I don't think the law exists to arrive at the truth. If it did, we wouldn't have exclusionary rules, we wouldn't have presumptions of innocence, we wouldn't have proof beyond reasonable doubt. There's an enormous difference between the role of truth in law and the role of truth in science. In law, truth is one among many goals.
For most people, the question why be good - as distinguished from merely law abiding - is a simple one. Because God commands it, because the Bible requires it, because good people go to Heaven and bad people go to Hell.
I think we have to give religion its due. I think we have to respect those for whom religion is important, but equally respect those who can achieve good morality without religion.
To ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
When I was growing up, my mother would always say, 'It will go on your permanent record.' There was no 'permanent record.' If there were a 'permanent record,' I'd never be able to be a lawyer. I was such a bum, in elementary school and high school... There is a permanent record today and it's called the Internet.
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.