hurtful. vile or assaulting, is it protected by the first amendment. that kind of speech is protected. it's dealing with public figures, people like the reverend jerry falwell. what the father of this fallen marine says he's a private citizen and the rules ought to be different for him. that's another question for the court today, savannah. >> it's complicated. the snyders and the plaintiffs in the case, the parents of the fallen marine. they're saying holding a funeral, that's the right of free expression for our religions. it's pitting different portions of the first amendment against each other. >> there's the fact that you say, look, you only have one chance to have a funeral. you do it in one place. there are no do-overs. in a sense, the people who come to a funeral are a captive audience. most first amendment scholars would say this is probably the case where the supreme court