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 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.
When the Jews were being persecuted by the Nazis in 1944 we passed the War Refugee Act, which focused on rescuing Jews, a religious group. But if the religious group is the subject of the persecution based on their religion, it's perfectly OK for a First Amendment-bound society to emphasize their rescue, just as it is perfectly OK to emphasize the fact that many, if not all of the perpetrators of Islamic terrorism, come from countries with a history of supporting terrorism.
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.
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.
No country in the history of the world has ever contributed more to humankind and accomplished more for its people in so brief a period of time as Israel has done since its relatively recent rebirth in 1948.
The Israeli military plays more than a critical role in defending the citizens of the Jewish state. It also plays an important social, scientific and psychological role in preparing its young citizens for the challenging task of being Israelis in a difficult world.
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.
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.
I love discomfort. I mean, my whole life is discomfort. One reason I can never retire is that the idea of just sitting on the beach totally comfortable is not a desideratum in my life. I like ambiguity, I like conflict, I like uncertainly.
Everybody says they're opposed to torture. But everyone would do it personally if they knew it could save the life of a kidnapped child who had only two hours of oxygen left before death. And it would be the right thing to do.
The plain message conveyed by the new administration is that George W Bush's America is a Christian nation, and that non-Christians are welcome into the tent so long as they agree to accept their status as a tolerated minority rather than as fully equal citizens. In effect, Bush is saying: "This is our home, and in our home we pray to Jesus as our savior. If you want to be a guest in our home, you must accept the way we pray."
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.
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.
The threat of mutually assured destruction worked for the United States during the Cold War because it had proved its willingness to drop nuclear bombs on enemy cities at the end of World War II. It might work less well for Israel, because the Israeli Air Force has never deliberately targeted a large civilian population center, and its leaders have said its morality would not permit it do so.