[inaudible conversations] this is book tv on cspan2 and we want to know whats on your Summer Reading list. Send us your choices at book tv as our twitter handle. You can also post it on our facebook page, facebook. Com booktv or you can send an email to book tv at cspan. Org. Whats on your Summer Reading list, book tv wants to know. Ladies and gentlemen welcome to the shakespeare annual dinner and mock trial. Before we begin the trial please take this time to silence all Electronic Device that is may disrupt this evenings proceedings. Photography is strictly prohibited. Please join me in welcoming trustee of association abby david lole. [applause] good evening. Thanks for joining us tonight to the annual dinner and mock trial event presented by the Shakespeare Theater Company and Affinity Group of lawyers associated with the Legal Community and those who support the Legal Community to bring the best that we can to this wonderful theater. As you know, tonights performance, tonights trial is based on the production of 1984 that was presented by the shake spears Theater Company a few short months ago and which in turn is based on the 1949, thats right, 1949 book by George Orwell predicting what 1984 might look like. I know you all know the story very well. A completely farfiched story where a countrys government vacuums up enormous amount of data about citizens and the name of National Security. [laughter] where a countrys leader worked hard to keep the people scared and divided to prevent new comers and serious opposition by among other techniques and encouraging people to have daily session where is they yelled anker and hate to anyone who disagrees with them and the opposition creates a sort of resistance by installing an offline Communication System not in the mainframe of the government, to protect private communications. [laughter] maybe not so farfetched. Youre going to be asked to serve as a jury and vote on the following question. Given the context of war and threat to National Security, should the officials name as defendants in winrestaurant smith lawsuit be held liable for the treatment of Winston Smith in 1984. If you believe they should not be held liable please vote with a red token that you were given for no. If you belief officials should be held liable, boat for a blue token for yes. I would like no introduce you to tonights participants, please join me in welcoming Supreme Court marshall pamela. [applause] please welcome to the stage down petitioner, amy from the law firm of arnold and porter. [cheers and applause] and now counselor for the respondent, the state, bob. [cheers and applause] and, of course, the members of the bench of the Supreme Court of the state, Supreme Court justice ruth presiding Justice Steven brier, judge patricia and judge cornelius. [cheers and applause] [applause] oh yeah, oh yeah, the Supreme Court of oceanea is now in session. Please be seated. Were r welcome to 1984 as perceived by People Living in 2016. [laughter] we will hear first from the petitioner, represented by amy jeffreys. Thank you, your honor and may it please the court, my cocounsel sally pay and i represent our client Winston Smith, mr. Smith is not present this evening, however, and we understand that he may have been vaporized. [laughter] which goes straight to the first point of our argument. [laughter] there is a clear threat of injury in this case, which is why this court must enjoin the state from unlawful practices of big brother that president freedman promised to end. What injury, Winston Smith has been wrongfully arrested, detained, interrog rated and tortured and now possibly vaporized and further like other citizens are to the state constant surveillance, a party member lives from birth to death under the eye of the police. The alleged National Security reasons for the state policies are vastly overblown. The state has not identified any concrete information that has been useful in defending National Security. To the continuerary, so far this surveillance has been used to ensure that oceanea citizens are using the appropriate bathrooms. [laughter] [laughter] [applause] thats right the state is surveilling its citizens known as acronym bsbs. [laughter] we understand that the state has pushed malware to all cell phones, tablets and computers and has access to unencrypted data. Thesepolis, your honors will not make oceanea great again. [applause] [laughter] which is what the police might claim. Era of big brother is not over as president freeman has promised, which lead us to second argument. Before you move on, president freedman could be making a lot of money running casinos or reality tv programs or [laughter] or giving private speeches to investment bankers. The thoughtful police would abuse the powers of observation they have only to keep us safe. He cares about only one thing, your honor, that is his own power. Lets back up because you have introduced a threshold question. You have asked for sanctions to be set by this court for gaining access to your preliminary breech, you did not identify what sanctions you thought and you did not tell us what was in those briefs that you disclaim, so if you would respond to those thresholds questions. What sanctions and what do you now disclaim that was in your prior briefs . Your honor, we merely disclaim our prior briefs in order to protect the attorneyclient privilege. We knew that the state was monitoring all of our communications as we all know. So we did not write anything that we thought would be damage if released because we all know that we live under constant surveillance but we did move to sanctions because we believe its important for this court to acknowledge that the state has abused its authority and the malware infecting all of our devices is improper and must be must be injoint. And the sanctions that you seek are . Sanctions, we would like monetary damages, of course, and we would like to enjoin the state from any further intrusive surveillance of our client and oceanea. One more preliminary question. I and all of my colleagues were appointed by president freedman so do you think that you can gain impartial justice of this tribunal or i understand that president freedman is in his last term in office, so would you move that we hold this whole proceeding in a bank until the election . [laughter] [applause] that is an excellent question, your your honor, that i had not thought of but quite brilliantly put. Im confident that we can get a fair hearing from this bench. I would note that approximately half of you have previously worked for the aclu, which is an affiliate, of course, at the Civil Liberty Union and we believe we can get a fair hearing from the judges and so we thank you for the question, only this court, your honor, can protect the rights of Winston Smith and the other citizens of oceanea. I know, counsel, you expressed concern about surveillance. There are and cannot be any cameras here in the Supreme Court here. [laughter] [applause] i will ask you to focus on your argument about qualified immunity. I want to ask you the question key to this case. [inaudible] how could be a savage . [laughter] your honor speaks excellent you speak. Your honor, that does [laughter] thank you, your honor. Translation first. The principles of socialism, how could a reasonable officer possible know the meaning of that case, in other words he cant win. [laughter] your honor, for the benefit of the audience i will respond in english. Thank you. Winston smith writes to be free from wrongful arrest,ing, interrogation and the constitution is still in force despite the laws that big brother has brought into play. No reasonable officer could have believed that it was lawful to subject Winston Smith to routine beatings and psychological torture. I really have a preliminary question. How can you say your clients face a threat of harm. You read our decision. Your arguments seem to rest on a mere chase of contingencies without risk of impending. Just because the state has surveillance powers to monitor every last communication of its subject doesnt mean the government will actually use those powers. [laughter] your honor is correct that the court in the case did find that the plaintiffs there had only claim of harm as a result of the governments surveillance practices. Here, however, winston can demonstrate that the government intends and largely far worse, arrest, detain and torture him. Its worth noting that they were certainly correct. The plaintiffs there were virtually certain to have communications intercepted and monitored but we need not to rely because the majority ruling does not bind the support on these significant very different facts. Are you asking us to intervene at the preliminary injunction stage, why shouldnt we wait until a full record is developed, permanent injunction stage . Your honor, Winston Smith and the citizens need Immediate Release and only this court can provide that relief and it must be done right away. We would note that there is no National Security threat as we have said. Big brother claims that war is peace. When the war is merely a pretext to maintain social order and partys grip on power. Dont you have a serious causation problem that we need to establish a record for . I know you argue that the party systemically destroyed and continuing with president freedman destroyed capacity for independent analysis and critical thought but as i think about causation i remember with keeping up with the kardashians and other reality tv have done that to us . We are all suffering on a regular basis, your honor, thats a perfect example. [laughter] theres a man who wrote about what you say was done and the name of that man was hamilton and before i can say you should get your way, i want to know what that man did say. [laughter] [applause] your honor, if ham it own were here i know he would say that the defendants in this case, the police should be held liable for illegal mistreatment of Winston Smith, our Founding Fathers would not have tolerated the abusive authorities that big brother has brought to the state of oceanea. Both sides have experienced in history and thats where Winston Smith worked, right . He worked in many how can we confidence that any you decide to el us is true . Your honor, the court must be referring to power of holding two contradictory believes in ones mind and accepting both of them. I also note that you [laughter] you rely on a case called party mar aim by chief Justice Tenney who wrote the decision, is he a reliable source . We like the case because the plaintiff won. [laughter] that case about habius corpus . Whether its executive or the legislature, legislature in oceana is under the thumb of the executive. That is correct, your honor, my opponent relies on the silence of congress as a sent of congress and we realize that we cannot rely on the citizens of oceanea. I would see that differently. I mean, congress hasnt acted meaningfully in years. [applause] in fact, the government leaders care so much for the peoples safety that they almost have nothing but safety left in congress. That is exactly right justice, that is why we rely on the court for the release that win stone smith seeks. Yeah, but those action that is you are complaining, they happened 32 years ago, are you discriminating against those with age . Isnt there a time where we turn the page . [laughter] your honor, the police like all officials are presumed to have knowledge for beacon Constitutional Rights set forth by our founding father to be free from unlawful arrest, detention and torture. I have another question that qualify [inaudible] [laughter] quote, nothing was illegal since there were no longer any laws according to according to your brief. Doesnt that mean that no law could have been clearly established . That is a concern that we have with the entire concept of qualified immunity in this case, your honor, is that there is no rule of law in a state like oceanea. Again, we would submit that only this court can restore the rights of the citizens of oceanea. So in conclusion, your honors, we encyst that the defendants, they must be held liable. No other outcome is consist weent the constitution, the vision of the Founding Fathers that Justice Briar has quoted and no other outcome is consistent with justice. [laughter] i dont know, your whole argument seems premise in the idea that we are in this Science Fiction police or something. [laughter] the scenario is 1984. But you are inserting a privacy right. Your client is all over google, facebook, twitter, snapchat and for this audience linkedin and posted selfies with lebron james, is my understanding. What privacy right is left. Apple, google and facebook know more about him than the state could ever learn . Your honor, that is an excellent point. Our client, however, did try to live a private life and tried to have a relationship with a lover in the state that he was unable to have because of the states interest of surveillance. There is privet cri which he thought. Its impossible to know whether the social media was truly originated by Winston Smith or had been placed there by the many Truth Ministry of which he worked an others regularly use to transmit propaganda to support the regime. Ive also noted that they made mention to Foreign Countries but you didnt. You seem to focus only on domestic law and are you aware that Justice Briar published a book american law in and new global law. Rudies respecting his views of the law . [laughter] i am aware of the book, your honor, and would never disrespect yeah, but did you read the book . [laughter] i bought the book. [laughter] youre the one. I dont understand, i dont understand how you can put here given winston owns description of the condition, he said, quote [inaudible] he understood that the party had helped him, quote, win a victory over himself. This seems to be a happy contentment. Your honor, the state also argues that Winston Smith problems are of his own making and he is a victim only of his own mind but if someone if someone is paranoid, this is the case for Winston Smith. He is the victim. The state criticizes his very thoughts and how is the state aware of the private thoughts, through its constant unlawful, unrelenting surveillance, exactly the practice that smith challenges today. But precisely we might as well dismiss now, next case if im understanding you correctly, asserts a reasonable expectation of privacy. The essence of which is his unwillingness to show everything, so hasnt he effectively pled himself out of court because of unwillingness to share everything by iphone is contrary to the patriot act. He would not be showing everything through his iphone if the state did not have it infected by malware to make its every communication available to the state. What about his facebook post. Everything is out there. What is your line between privacy, what youre sharing on social media and what you want to share with the state, what can the state find out too . In oceanea Winston Smith is not free to share the own posts because the thought police and the ministry control everything and i would like to reserve the remaining five minutes of my time for rebuttal, may i please the court . Thank you, thank you. [applause] we will now hear from counsel of oceanea, bob broward. Madame chief justice and as if we strongly recommend please the court, petitioner paints oceanea as lawless what is legal proceedings, judges, counsel, case all open to the public except those unfortunate who cannot afford the price. All can see that violent history is now free to be a litigant and this transition is the hallmark of a rule of law society, petitioner claims that he has been tortured but grounds that in a record that is replete with paranoia, so 1984. Everybody is out to get him. State officials are whispering to hidden hallways and we say, oh, please. He also says that our surveillance is sure to land him in prison but how can he know that, why would we not have done this before this skeptical and put him away quietly sparing him unimaginably legal expense. The court would know our moderation to defend against east asia and build incredible wall and have them pay for it. Now petitioner says he should be able to sue the officials who interrogated him, that one man show of judicial force rightly resisted by the heroic lincoln, yet lincoln arrested, yes, he shut down newspapers but like our named president freedman committed that the measures would be temporary. So when petitioner visit it is memorial but the reflecting pool that attracts thousands and pigeons, we stand with lincoln. So allow me to close now in the words of shakespeare. When this trader who all the while have rebelled in the night should see us rising in our throne, the treason and not able to endure sight of day but tremble or to put it in more simply deny the claim, we will take it from there. [laughter] [applause] counselor, you have made some pretty strong arguments against Winston Smith but as i read your argument you seem to be saying that no one has standing to object to what is going on in oceanea. The thresho