Addressed at the person, rather than the argument. I feel justified in whacking the argument as hard as it deserves. That is not impuning the individual that made the argument. Susan swain do you prefer opinion rather than dissent . Justice scalia of course. I always want to write a majority. Why do you want to write a dissent . Hey, dissent is more fun to write, because when you have dissent, it is yours. You say what you want. If nobody was to join, it is my dissent, i will say what i want to say. When you are writing a majority, you do not have that luxury. You got to craft it in a way that at least four other people can jump on and actually you try to craft it in a way with as many people as possible want to jump on. Which means accepting some suggestions, stylistic and otherwise that you do not think is the best, but nonetheless in order to get everybody on board, you take them. Susan swain we have a few minutes left. We are talking at a time when the court will leave a a member w
Regarding our legislature at the current moment as a model to be followed. [laughter] [applause] and second, however was understood at the beginning, the government was to protect our liberties, but there was always the idea when i think about the declaration of it is truee, also that the great protection the press now has came rather late. The First Amendment was developed in a serious way around the time of the First World War it began. So the freedom that is enjoyed today, freedom to speak and write, it was not a big ticket item in the Supreme Court until rather late. Justice scalia it was a big ticket item mostly because, until the middle of the 20th , it was not thought that the bill of rights applied to the states. It was only a limitation on what the federal government could do, not a limitation on what the states could do. That is why we never had until the middle of the 20th century these cases about whether you can have a creche in the city square. Is it ok if you have a meno
Of the time. The center of the building, what is really the reason the building is here is the audience chamber, where we all argue. As the august nature of that chamber suggests, it has a c ceiling so high you can barely see it from the ground. That is the center of the court, of course. Susan swain lets talk about what goes on in that court and the process of oral argument can you talk about how you use oral argument and why, in fact when there is so much paper before hand on making all of these cases, oral argument is even needed . Justice scalia a lot of people have the impression it is just a pony show. I read a 60 page brief by the petitioner a 60 page brief by , the respondent, a reply brief, some very often, an amicus brief, some very often by the solictor general. A dozen other briefs not all of , which which i will read, and i have seen passages where there is nonsense in the margin what someone can tell me in half an hour will make a difference. The answer is it is probably
Yes, on speech and on oral speech and written speech come both. I told you, libel laws were one thing. What about the press at the time . What were they thinking about at that time . I do not know that there were any special rules applicable to the press. The press did not have to get permission of a censor to do publish, but neither did anybody else. And the press inordinate and the press anointed some very important figures, like thomas jefferson. Yes, indeed, and it was interesting that jefferson spoke very highly of the press before he became president. But while he was president he spoke about it as a polluted area, and you cannot believe about anything in any newspaper. How it survived one thing that epitomizes to me the importance of freedom of speech is in the ballot for america, the right to speak my mind out. That is america to me. I think if you had to pick and you probably should not have to but if you had to pick one freedom that is the most essential to the functioning of
The federal for reserve to stabilize the economy. And matthew of the Wilson Center discusses resident putin and the unrest in ukraine. We will take your calls and conversations you can join the conversation on twitter. Washington journal live at cspan. I love doing and i am a loyal duke alumn. I did not do this to hurt duke. I did this to figure out what had happened in a dispassionate way. There is a tremendous amount of passion about the story, even to this day. All one has to do is going to haven and see, already, i amassed 20 51 star reviews. The work because not been out a week. Im guessing not many of those review writers have read the book. The last book was about goldman sachs. It will have a lot of stuff passion about goldman sachs. Author and duke alum wayne d cohan looks at the duke scandal. Scaliaeme Court Justices and ginsburg were guests. They talked about the freedoms that define the First Amendment. The conversations part of the kalb series. This is one hour and 15 minu