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 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.
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.
Twenty five percent of Israeli citizens are not even Jewish. Anybody can become an Israeli citizen if you qualify. Religion is not a criterion for citizenship.
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.
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 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.
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.
Look, I don't know whether God exists. I don't know that. And I tell you one thing, I am not frightened of my beliefs. If there is a God who is threatening me with damnation because I don't believe in Him, so be it. I've lived my life in conscience, and I will suffer damnation willingly in conscience against a tyrannical God who would damn me because, on the basis of the intelligence He gave me, I have come to a conclusion doubting His existence, and I will continue to be a skeptic all of my life.
I think most defense attorneys honestly believe the principle that says, 'Better 10 guilty go free than even one possibly innocent person be convicted.