The State of Civil Liberties

Oct 15, 2006

American Civil Liberties Union

Justice Scalia and Professor Strossen discussed civil liberties and the original meaning of the U.S. Constitution. Topics included the flag-burning case, police use of infrared detection, homosexuality, pornography, the due process clause, voting rights, Brown v. Board of Education, and the right to privacy. After their discussion they .. Read More
Justice Scalia and Professor Strossen discussed civil liberties and the original meaning of the U.S. Constitution. Topics included the flag-burning case, police use of infrared detection, homosexuality, pornography, the due process clause, voting rights, Brown v. Board of Education, and the right to privacy. After their discussion they responded to audience members' questions. The discussion was moderated by Mr. Williams.

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TRANSCRIPT

TIME SPEAKER TEXT
00:03:23 none IT IS MY GREAT HONOR AND DISTINCT PRIVILEGE TO WELCOME YOU TO WASHINGTON. IF THE UNLESS IS THE MELTING...
00:04:39 Unidentified Speaker THAT IS WHAT WE STAND FOR. THAT IS WHAT WE FIGHT FOR. SO WHILE YOU ENJOY THE MANY OFFERINGS OF WASHINGTON,...
00:05:15 Unidentified Speaker THANK YOU, ONY. GOOD AFTERNOON EVERYONE.
00:05:21 Unidentified Speaker GOOD AFTERNOON.
00:05:23 Unidentified Speaker YOU ARE LEARNING QUICKLY. ONE OF THE THINGS THAT WE THOUGHT WE COULD DO RIGHT AWAY AT THIS CONFERENCE...
00:06:40 Unidentified Speaker OUR FIRST CONVERSATION BRINGS TOGETHER TWO PEOPLE WHOSE RESPECT FOR EACH OTHER IS AS STRONG AS THEIR...
00:08:13 Unidentified Speaker NADE EVEN IS THE FIRST WOMAN TO SERVE IN THAT CAPACITY. [APPLAUSE]
00:08:22 Unidentified Speaker ALSO A GRADUATE OF HARVARD LAW, WHERE SHE WAS ONE OF JUSTICE SCALIA'S SUCCESSORS AS EDITOR OF THE...
00:10:16 Unidentified Speaker WELL, GOOD EVENING AND WELCOME. IN ADDITION TO THE EXCHANGE WITH EACH OTHER, YOUR SPEAKERS HAVE AGREED...
00:10:51 Unidentified Speaker BUT AS MUCH AS WE IN THE NEWS MEDIA SOMETIMES LIKE TO KEEP IT SIMPLE, SOMETIMES LIFE IS MORE COMPLICATED....
00:11:56 Unidentified Speaker WHERE THE GOVERNMENT USES A DEVICE TO EXPLORE DETAILS OF THE HOME THAT WOULD PREVIOUSLY HAVE BEEN...
00:12:22 Unidentified Speaker AND IN THE TEXAS FLAG BURNING CASE OF 1989, HE JOINED THE MAJORITY OPINION, ANOTHER 5-4 DECISION THAT...
00:13:30 Unidentified Speaker WELL, YOU DIDN'T EVEN GIVE ME ENOUGH CREDIT.
00:13:33 Unidentified Speaker I AGREE.
00:13:35 Unidentified Speaker I DIDN'T JOIN THE MAJORITY OPINION, WHICH HELD THAT ULTIMATELY YOU COULD GET JUDICIAL REVIEW, BUT...
00:14:26 Unidentified Speaker YOU KNOW, BUT WE WILL GO ONTO OTHER CASES. THAT EXPLAIN HAMDI. THE FLAG BURNING CASE, THAT IS HOW...
00:16:04 Unidentified Speaker VIOLATING A DIFFERENT STUFF LIKE BURNING STUFF IN THE STREET, YOU CAN'T BURN LEAVING, RAGS OR FLAGS....
00:16:38 Unidentified Speaker THIS WAS A CASE INVOLVING PEOPLE -- THEY WERE GROWING MARIJUANA IN THE ATIC, AND THE POLICE COULD...
00:17:39 Unidentified Speaker THERE ARE. I DON'T WANT YOU TO BE TO POPULAR WITH THIS GROUP. I RESPECT YOU FOR BEING HERE AND THANK...
00:18:55 Unidentified Speaker WELL, THAT MAY WELL BE SO. I DO NOT TAKE ANY PUBLIC VIEW OR WHETHER IT WOULD BE GOOD OR BAD FOR GOVERNMENT...
00:19:27 Unidentified Speaker I THOUGHT YOU WOULD LIKE THAT.
00:19:29 Unidentified Speaker YOU THOUGHT I WOULD LIKE IT. I AM IN THE BUSINESS OF ENFORCING DEMOCRACY. WHAT DEMOCRACY MEANS IS...
00:20:58 Unidentified Speaker AS YOU RIGHTLY SAY THE CONSTITUTION INCLUDED AN AMENDMENT PROCESS, AND THE ACLU'S DEFENSE OF RIGHTS...
00:22:08 Unidentified Speaker WELL, WHOEVER SAID THAT WAS WRONG. I HAVE A TEXT THAT NO PERSON SHB DEPRIVED OF RIGHT LIBERTY OR...
00:23:18 Unidentified Speaker IT IS INTERESTING. ON THE MODERN COURT, THE VERY FIRST JUSTICE TO READ THE CLAUSE AS PROTECTING THE...
00:23:39 Unidentified Speaker BEFORE YOU DO, JUSTICE SCALIA COULD I ASK YOU TO PLEASURE
00:23:44 Unidentified Speaker COULD I PLEASE MAKE ANOTHER POINT?
00:23:48 Unidentified Speaker I WAS GOING TO ASK JUSTICE SCALIA TO EXPLAIN WHAT DUE PROCESS IS?
00:23:56 Unidentified Speaker HE DOESN'T BELIEVE IN IT. HOW CAN HE EXPLAIN IT?
00:24:00 Unidentified Speaker HE KNOWS WHAT IT IS. WELL, WHOEVER.
00:24:07 Unidentified Speaker I DON'T BELIEVE IN ANARCHY EITHER, BUT I KNOW WHAT IT IS.
00:24:10 Unidentified Speaker I AM SORRY. LET'S PUT ASIDE WHAT THE CLAUSE SAYS OR DOESN'T SAY. WE ARE A GOVERNMENT OF LIMITED POWERS....
00:24:48 Unidentified Speaker NADINE, YOU ARE APPEALING TO
00:24:49 Unidentified Speaker YES.
00:24:51 Unidentified Speaker I DON'T KNOW THAT I HAVE BEEN APPOINTED TO APPLY NATURAL LAW. I APPLY THE LIMITATIONS UPON DEMOCRACY...
00:26:10 Unidentified Speaker BUT WHEN THE EQUAL PROTECTION POLICY WAS BROUGHT IN, NOBODY THOUGHT IT WAS OUTLOU RACIALLY SEGREGATED...
00:26:30 Unidentified Speaker THAT IS FINE. THE QUESTION IS WHETHER THAT WAS RIGHT. THE QUESTION IS WHETHER YOU CAN LIVE WITH EVEN...
00:27:02 Unidentified Speaker I WOULD WANT IT FOR THE SAME REASON THAT I AM VERY HAPPY THAT WE ARE NOT A PURE DEMOCRACY, THAT THE...
00:27:43 Unidentified Speaker TRY PUTTING THAT IN THE TEXT. HOW MANY PEOPLE WOULD HAVE VOTED FOR IT? IT WOULD HAVE READ -- THE...
00:28:24 Unidentified Speaker IF THAT IS WHAT THE BROAD TEXTURED CLAUSES OF THE CONSTITUTION SAID. THE FRAMERS COULD HAVE CHOSEN...
00:29:24 Unidentified Speaker NADINE, LANGUAGE CAN BE CAME PATIENCE WITHOUT IMPLYING THAT ITS MEANING CHANGES IN THE FUTURE. WHEN...
00:30:22 Unidentified Speaker I THINK WHAT I UNDERSTAND AS THE ORIGINAL MEANING THAT WOULD BE FINE. BUT DO YOU THINK THAT THE SUPREME...
00:30:42 Unidentified Speaker I DON'T KNOW. I THINK HARLAN DISSENTED HAD THE BETTER ARGUMENT AS FAR AS I AM CONCERNED, AND I THINK...
00:31:23 Unidentified Speaker IT IS NOT THE CONSTITUTION THAT CHANGES. IT IS THE SAME GENERAL PRINCIPLE SET OUT APPLIED TO CHANGING...
00:32:09 Unidentified Speaker THE SMITH CASE?
00:32:12 Unidentified Speaker IT ESSENTIALLY SAID THAT ANY LAW THAT IMPOSES A SUBSTANTIAL BURDEN ON A RELIGIOUS BELIEF OR PRACTICE...
00:33:12 Unidentified Speaker IT WAS KIND OF YOU TO AVOID SAYING THAT THE RELIGIOUS FREEDOM RESTORATION ACT PASSED UNANIMOUSLY....
00:36:25 Unidentified Speaker OREGON?
00:36:27 Unidentified Speaker WHAT DI SAY? OREGON. AND REVERSING THE OPINION FROM 20 YEARS AGO -- 20 OR 25 -- THAT BRENNAN HAD...
00:36:47 Unidentified Speaker SHERBET VERSUS BERNARD.
00:36:48 Unidentified Speaker RIGHT. THAT WHEN ANY GENERAL LAW COMBINATION UPON A PERSON'S RELIGIOUS BELIEF, THE STATE HAS TO DEMONSTRATE...
00:38:22 Unidentified Speaker THOSE CASES CAME OUT CORRECTLY. BUT MORE IMPORTANT IS THE UNDERLYING PRINCIPLE, WHICH GOES BAG TO...
00:39:48 Unidentified Speaker BAR NET DIDN'T TURN ON A RELIGIOUS CLAUSE. YOU WOULD REALLY CAME OUT THE OTHER WAY IN BAR NET IF IT...
00:40:56 Unidentified Speaker BUT HE AND OTHERS WHO HAVE STUDIED THE ORIGINAL MEANING AND PURPOSE OF THE FIRST AMENDMENT FREE EXERCISE...
00:41:14 Unidentified Speaker WHAT ABOUT REYNOLDS. THE MOTHER -- KSH -- MOTHER MONDAY CASE. HOW CAN YOU EXPLAIN THE DECISION IN...
00:41:27 Unidentified Speaker IT WAS INCORRECT AS MANY WERE IN THAT ERA.
00:41:32 Unidentified Speaker THERE GOES OUR BIGAMY LAW.
00:41:35 Unidentified Speaker WELL, THE ACLU FOR REASONS OF RELIGIOUS FREEDOM AS WELL AS FREEDOM OF SPEECH AND PRIVACY WOULD DEFEND...
00:43:05 Unidentified Speaker AS YOU HAVE POINTED OUT, I CONSIDER MYSELF A SERIOUS CATHOLIC. I DIDN'T EVEN KNOW THERE WERE VARIOUS...
00:44:21 Unidentified Speaker A BIG EXCEPTION.
00:44:23 Unidentified Speaker A BIG EXCEPTION, BUT IT IS CLEARLY BURNED INTO AMERICAN HISTORY. WE ARE NOT FRANCE OR EUROPE. THAT...
00:44:36 Unidentified Speaker PLEASE DO.
00:44:41 Unidentified Speaker IN MY OPINION, I WAS IN ROME ON 9/11 AT A CONFERENCE OF JUDGES AND LAWYERS. AND THE NEXT MORNING THE...
00:45:29 Unidentified Speaker AND THE ACLU IS NOT ARGUING THAT IT IS. YOUR BRETHREN CERTAINLY DID NOT HOLD THAT IT IS IN THAT OPINION....
00:46:19 Unidentified Speaker I WANT TO MAKE CLEAR THE REASON I CAME OUT THE WAY I DID IS BECAUSE OF ALL THE MONDAYO THEISTIC RIDGES...
00:46:43 Unidentified Speaker THAT IS ALL THE DIFFERENCE IN THE WORLD. AND AS JUSTICE O'CONNOR SAID, YOU CALCULATED THAT 7% --...
00:47:06 Unidentified Speaker NEVER MEANT THAT.
00:47:07 Unidentified Speaker THE FIRST QUESTION IS FOR YOU, MRS. STROSSEN. WHY MUST THE DEFENSE OF THE FIRST AMENDMENTS ALWAYS...
00:47:20 Unidentified Speaker FIRST OF ALL, YOU DON'T HAVE TO BE A MEMBER TO BE HERE, SO I DEFEND ANYBODY'S RIGHT TO BE HERE. FOR...
00:47:35 Unidentified Speaker I AM A SECRET MEMBER.
00:47:37 Unidentified Speaker I WOULD DEFEND YOUR PRIVACY. I WON'T INQUIRE. THE FIRST AMENDMENT CASES BY DEFINITION ARISE IN THE...
00:48:23 Unidentified Speaker JUSTICE THIS IS ABOUT YOUR OPINION IN THE GRUDER CASE. WHY DID YOU NOT DEWINE DIVERSITY TO BE A EXCELLING...
00:48:35 Unidentified Speaker I DON'T BELIEVE IN A EXCELLING STATE INTEREST TEST. WHERE DID THAT COME FROM? THE CONSTITUTION
00:48:48 Unidentified Speaker THIS IS THE MICHIGAN AFFIRMATIVE ACTION CASE.
00:48:52 Unidentified Speaker YES. THE CONSTITUTION VERY CLEARLY FORBIDS GOVERNMENT TO DISCRIMINATE ON THE BASIS OF RACE. AND...
00:49:28 Unidentified Speaker WOULD YOU SAY THAT RACIAL PRO FILING WOULD BE AUTOMATICALLY UNCONSTITUTIONAL THEN FOR THOSE REASONS?...
00:49:35 Unidentified Speaker I DON'T THINK THAT IS A GENERAL BALL THAT USES RACE. YOU ARE TALKING ABOUT RACIAL PRO FILING IN WHAT...
00:49:44 Unidentified Speaker CRIMINAL LAW ENFORCEMENT, TERRORISM LAW, ANTI-TERRORISM MEASURES.
00:49:48 Unidentified Speaker I HAD BETTER NOT TALK ABOUT THAT.
00:49:54 Unidentified Speaker OK.
00:49:56 Unidentified Speaker SOMETHING AGAIN FROM PAST DECISIONS, AND THIS HAS GENERATED A LOT OF PUBLIC DISCUSSION IS WHETHER...
00:50:13 Unidentified Speaker WELL, I AM SURE THAT THE DEAN LIKES IT -- THAT NADINE LIKES IT. BECAUSE ANNA DEAN'S VISION OF THE...
00:51:36 Unidentified Speaker WELL, THE CONSTITUTION IN ITS TEXT REFERS EXPLICITLY TO THE LAW OF NATIONS, THE TERM FOR INTERNATIONAL...
00:51:49 Unidentified Speaker IT WAS A REFERENCE TO PUBLIC INTERNATIONAL LAW. NOT THE RIGHT OF INDIVIDUALS. BUT THE RIGHTS OF STATES...
00:51:56 Unidentified Speaker YOU ARE A SUPPORTER, REFERRING TO HISTORY, TO TRY TO GIVE MEANING TO SOME OF THE BROAD CLAUSES IN...
00:52:21 Unidentified Speaker BUT THEY ARE NOT STRUGLAR WITH SIMILAR CLANG ADOPTED BY SIMILAR PEOPLE. IT MAY WELL BE THAT WHEN THE...
00:53:08 Unidentified Speaker THIS IS A COROLARY QUESTION PERHAPS. IT ASKS YOU, JUSTICE SCALIA, ARE YOU TRULY SURPRISED THAT OTHER...
00:53:21 Unidentified Speaker WHAT NATIONS ARE YOU TALKING ABOUT? PUBLIC OPINION POLLS IN BOTH ENGLAND AND FRANCE, AT LEAST UNTIL...
00:54:24 Unidentified Speaker THE AMENDMENTS -- THAT PROHIBIT CRUEL AND UNUSUAL PUNISHMENT IS ANOTHER DELIBERATELY OPEN ENDED CLAUSE....
00:55:04 Unidentified Speaker TO BELIEVE THAT ABOUT THE EIGHT AMENDMENT AND THE REST OF THE RIGHTS, YOU HAVE TO BELIEVE THIS. THAT...
00:56:06 Unidentified Speaker I AGREE. IT IS THE ULTIMATE SAFETY SET. WE CANNOT RETRENCH TO THE 18TH CENTURY, BUT HOPEFULLY WE ARE...
00:56:37 Unidentified Speaker DUE PROCESS OF LAWS, EQUAL PROTECTION OF LAWS IS NOT A RATIFICATION FOR CUTTING BACK ON EQUAL RIGHTS...
00:56:49 Unidentified Speaker IF IT IS WHAT THE CURRENT SOCIETY WANTS IT TO MEAN, SOMETIMES IT GIVES, AND SOMETIMES IT TAKES AWAY....
00:58:05 Unidentified Speaker BUT MY POINT IS, YOU KNOW, IF YOU FALL IN LOVE WITH AN EVOLVING CONSTITUTION, DO NOT THINK IT IS GOING...
00:58:20 Unidentified Speaker WELL, CERTAINLY THE SUPREME COURT HAS MADE MISTAKES, MAY I SAY, THROUGHOUT HISTORY. BUT THE CONCEPT...
01:01:00 Unidentified Speaker WHEN IT HAS DONE IT FOR 200 YEARS AND CONTINUES TO DO IT TODAY AND NO ONE HAS THOUGHT IT WAS UNCONSTITUTIONAL...
01:01:13 Unidentified Speaker THAT IS NOT A BASIS FOR FINDING IT UNCONSTITUTIONAL. RACIAL APART TIDE. THE IMPORTANT POINT WAS THE...
01:01:45 Unidentified Speaker WHAT IS THAT?
01:01:47 Unidentified Speaker PROTECHING INDIVIDUAL FREEDOM OF ANDHOICE CONSENT. MANY INVOLVE UNEE QUAL POWER.
01:01:56 Unidentified Speaker I DIDN'T KNOW THAT WE PROVENTED INCEST ONLY BETWEEN MINORS.
01:02:03 Unidentified Speaker THE FALILL Y'ALL RELATION COULD DO THE SAME. THE POINT IS THAT LAW CANNOT BE BASED ONLY ON THE VIEW...
01:02:27 Unidentified Speaker IF YOU PURR SUEDE YOUR FELLOW CITIZENS TO THAT, FINE. AND ABOLISH THOSE LAWS. BUT PURR SUEDE YOUR...
01:02:50 Unidentified Speaker DO YOU THINK THAT THE FRAMMERS REALLY CONTEMPLATED THE SITUATION IN TEXAS THAT POLICE OFFICERS WOULD...
01:03:19 Unidentified Speaker I DON'T ANY ANY POLICE OFFICER WOULD HAVE PROCEEDED IN THAT FASHION THEN OR NOW. BUT THAT DOES NOT...
01:03:38 Unidentified Speaker THE FINAL QUESTION IS BASED ON THE FACT THAT THERE IS OBVIOUSLY MUTUAL RESPECT HERE AND THE QUESTION...
01:03:55 Unidentified Speaker I THINK WE FIRST MET IN 191, WHICH WAS THE BICREN TEN Y'ALL OF THE BILL OF RIGHTS. AND WE PARTICIPATED...
01:04:18 Unidentified Speaker TO BOTH OF YOU, THANK YOU VERY MUCH. [APPLAUSE] [APPLAUSE]
01:04:54 Unidentified Speaker WE ARE JUST WAITING TO GO INTO CONVERSATIONS. I WAS WATCHING THE FACES AND THERE WAS WRAPPED ATTENTION...
01:05:58 Unidentified Speaker THIS IS THE FIRST DAY OF THE A.C.L.U.'S MEMBERSHIP CONFERENCE. WE WILL HAVE MORE LIVE TOMORROW MORNING....

NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.

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  • Strossen, Nadine
  • Williams, Pete

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