and chief of politicsdaily.com. michael, i usually read you as the man of common sense. you're a lawyer, a trained lawyer, you practiced for many years. what do you make of the reading of the constitution which is so, what's the right word, absolutist here? >> well, first let me tell you that the father that you just referenced coincidentally called me while i was in the greenroom five minutes ago and he said, be sure you tell chris matthews how ugly it was on the day that i buried my son. not 30 feet from the vehicle entrance of the church, they were holding a placard that showed two guys involved in anal intercourse, having nothing to do with my son giving his life in service to his country. to answer your question, that same constitution allows us to regulate speech in certain cases. think about obscenity, think about fighting words, yelling "fire" in a movie theater. think about defamation, chris. so the first amendment right is not absolute. and i would argue and i hope they're successful, and i think it's a tough case, but i would