All speech should be presumed to be protected by the Constitution, and a heavy burden should be placed on those who would censor to demonstrate with relative certainty that the speech at issue, if not censored, would lead to irremediable and immediate serious harm.
We all learn in school that the judicial, legislative and executive branches of government must check and balance each other. But other non state institutions must participate in this important system of checks and balances as well. These checking institutions include the academy, the media, religious institutions and NGOs.
I have made a career out of arguing that we shouldn't be criminalizing political differences. I've made a career out of arguing that the grand jury is an abusive institution. I have made a career out of arguing that we shouldn't stretch and expand the criminal law. I'm not going to change it because you think these are abnormal times. When Thomas Jefferson told the Justice Department that they had to prosecute Aaron Burr, and that he was going to have the chief justice impeached unless he found Aaron Burr guilty, those were special times too.
Though Israel may often be deserving of criticism, what is missing is the comparable criticism of equal or greater violations by other countries and other groups. This constant, often legitimate criticism of Israel for every one of its deviations, when coupled with the absence of legitimate criticism of others, creates the impression currently prevalent on university campuses and in the press that Israel is among the worst human rights violators in the world....it is not true, but if it is repeated often enough, it takes on a reality of its own.
Imagine a legal system in which lawyers were equated with the clients they defended and were condemned for representing controversial or despised clients.
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.
Students throughout the totalitarian world risk life and limb for freedom of expression, many American college students are demanding that big brother restrict their freedom of speech on campus. This demand for enhanced censorship is not emanating only from the usual corner - the know-nothing fundamentalist right - it is coming from the radical, and increasingly not-so-radical left as well.
I can't find anything in the Constitution that says you prefer the life of the mother, or the convenience of the mother if it's an abortion by choice, over the potential life of the fetus. Look, I think women, if they're required to not have abortions, could die and could - so I favor a woman's right to choose.
Let no one ever shy away from the claim that Jews have power, that Jews have influence. We have learned the terrible lesson of history; that unless we have influence and power, disproportionate to our small numbers - immoral results will occur. We need power. And we must continue to use our power. Power which we earned, power which no one gave us on a silver platter, power which we worked hard for - use that power in the interests of justice.
What the United States has to do is send a clear message to Iran that they will not be able to develop nuclear weapons. Why endure the difficulty of sanctions if they are not going to be able to develop nuclear weapons anyway?
The sad reality is that there are no purely domestic issues in Israel. Issues that would be dealt with by municipalities in other countries - such as how to deal with a dangerous bridge or how to resolve conflicts between religious and secular bus riders - become major international issues when they occur in Israel.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.