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.
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.
Individuals have the right to pick and choose which expressions to condemn, which to praise and which to say nothing about. Governments, however, must remain neutral as to the content of expression. And governments must protect the rights of all to express even the most despicable of views.
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.
On television and in the movies, crimes are always solved. Nothing is left uncertain. By the end, the viewer knows whodunit. In real life, on the other hand, many murders remain unsolved, and even some that are "solved" to the satisfaction of the police and prosecutors lack sufficient evidence to result in a conviction.
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.
Doing something because God has said to do it does not make a person moral: it merely tells us that person is a prudential believer, akin to the person who obeys the command of an all-powerful secular king.
I can't find anything in the Constitution that says you prefer the life of the mother, or the convenience of the mother if it's an abortion by choice, over the potential life of the fetus. Look, I think women, if they're required to not have abortions, could die and could - so I favor a woman's right to choose.
What the United States has to do is send a clear message to Iran that they will not be able to develop nuclear weapons. Why endure the difficulty of sanctions if they are not going to be able to develop nuclear weapons anyway?
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.
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.
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.
The prosecution wants to make sure the process by which the evidence was obtained is not truthfully presented, because, as often as not, that process will raise questions.