I think most defense attorneys honestly believe the principle that says, 'Better 10 guilty go free than even one possibly innocent person be convicted.
Good character consists of recognizing the selfishness that inheres in each of us and trying to balance it against the altruism to which we should all aspire. It is a difficult balance to strike, but no definition of goodness can be complete without it.
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.
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.
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've written important articles on prevention, on the concept of the preventive state, how the law is moving much more in an area of trying to prevent wrongs than trying to deal with them after they occur. That will be my academic/intellectual legacy.
Freedom of speech means freedom for those who you despise, and freedom to express the most despicable views. It also means that the government cannot pick and choose which expressions to authorize and which to prevent.
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.
Ed Koch will never "rest in peace." That was not his way. He was always nervously squirming, while making others squirm as well. Comfort was not his goal. He understood that to be a proud and assertive Jew meant never being able to leave a sigh of relief and say "it's over, we are at peace, we can now put down our guard and relax."
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.
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.
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.