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.
The defendant wants to hide the truth because he's generally guilty. The defense attorney's job is to make sure the jury does not arrive at that truth.
But the United States is neither a Christian nation nor the exclusive home of any particular religious group. Non-Christians are not guests. We are as much hosts as any Mayflower-descendant Protestant. It is our home as well as theirs. And in a home with so many owners, there can be no official sectarian prayer. That is what the First Amendment is all about, and the first act by the new administration was in defiance of our Constitution.
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.
Foolish liberals who are trying to read the Second Amendment out of the constitution by claiming it's not an individual right or that it's too much of a safety hazard don't see the danger of the big picture. They're courting disaster by encouraging others to use this same means to eliminate portions of the Constitution they don't like.
I am attacked equally by the hard right and the hard left for expressing what they regard as politically incorrect views. I thrive on such controversy and welcome it. It only encourages me to speak out more. I have not been affected by attacks on me for defending freedom of speech and due process.
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.
I'd require that every university, public or private, be governed by the constitutional standards regarding freedom of expression and due process. There is no reason for treating adult college students any differently in the university setting than in the outside world.
If torture is going to be administered as a last resort in the ticking-bomb case, to save enormous numbers of lives, it ought to be done openly, with accountability, with approval by the president of the United States or by a Supreme Court justice.
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.
We have to fulfill what the real meaning of the Second Amendment is: reasonable access to guns for self-protection and for hunting. And there's no room in America for these semiautomatic, automatic and other kinds of weapons that are simply designed to cause mass havoc.
We don't have an Official Secrets Act in the United States, as other countries do. Under the First Amendment, freedom of the press, freedom of speech, and freedom of association are more important than protecting secrets.