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.
We live in an age where there is both more expression and more self-censorship than existed even a decade ago. Alas, laws have immunized internet carriers from many of the usual rules that govern public dialogue. Rights must always stay ahead of technology to assure that constitutional protections apply to all forms of communication.
In representing criminal defendants - especially guilty ones - it is often necessary to take the offensive against the government: to put the government on trial for its misconduct. In law, as in sports, the best defense is often a good offense. The courtroom oath - to tell the truth, the whole truth and nothing but the truth - is applicable only to witnesses... because the American justice system is built on a foundation of not telling the whole entire truth.
President Obama has earned my vote on the basis of his excellent judicial appointments, his consensus-building foreign policy and the improvements he has brought about in the disastrous economy he inherited.
I tell my students, if you ever become comfortable with your role as criminal defense lawyer, it's time to quit. It should be a constant source of discomfort, because you're dealing with incredible moral ambiguity, and you've been cast into a role which is not enviable.
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.
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.
In my neighborhood, everyone had an opinion on the local cantor. You didn't go to a synagogue to listen to the rabbi's sermon. You went to listen to the cantor. It was like a concert.
The very concept of an Iranian university is an oxymoron. There are no free and open places of learning in that repressive theocracy. Dissenters are not given tenure; they are murdered, after first being tortured. Blasphemy, which is broadly defined, is punished. Gays are not only excluded from Iranian universities, but are imprisoned and killed.
I generally don't select my chicken or my hamburgers based on the personal ideology of the person who is either flipping the hamburgers or making the money back at corporate headquarters. But if people want to do that, they're free to do it.