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.
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.
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.
It is the wall of separation between church and state . . . that is largely responsible for religion thriving in this country, as compared to those European countries in which church and state have been united, resulting in opposition to the church by those who disapprove of the government.
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.
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.
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.
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.
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.
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.
There are two kinds of terrorism. Rational terrorism such as Palestinian terrorism and apocalyptic terrorism like Sept. 11. You have to distinguish between the two.
When I was 14 or 15, a camp counselor told me I was smart. I had never been very good in school, but he told me once that I was smart but my mind operated a little differently.
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.
I never place limits on the potential success of my students. If they're going into acting, they're going to win the Oscar... If they're going into law, they're going to be chief justice.