like i said, if they're there and we aren't, they're the story, so we want to be the bigger story, the better story. >> susan and ben, i appreciate you being with us tonight. thank you very much. i want to bring in jeffrey toobin. talk about snyder v. phelps, now before the supreme court. how do you think the court is going to rule? it clearly, this is a form of free speech i would assume. >> if i had to bet today based on hearing are the oral argument, i bet the phelps win 9-0. unfortunately, one of the famous definitions of the first amendment is freedom for the thought that we hate. and it's hard to think of anything more hateful than the way that phelps used the first amendment. but the facts of the case, the marine, snyder, who died, the police there told them you have to be 1,000 feet away, you have to stay behind this barrier, and that's exactly what the phelps did. they stayed 1,000 feet away from the funeral. they followed the police