Our First Amendment expresses a far different calculus for regulating speech than for regulating nonexpressive conduct and that is as it should be. The right to swing your fist should end at the tip of my nose, but your right to express your ideas should not necessarily end at the lobes of my ears.
Alan DershowitzTo ask about the 'source' of rights or morals assumes an erreous conclusion. To ask about the source of morals is to assume that such a source exists. As if it existed outside of human constructed systems. The 'source' is the human ability to learn from experience and to entrench rights in our laws and in our consciousness. Our rights come from our long history of wrongs.
Alan DershowitzI think most defense attorneys honestly believe the principle that says, 'Better 10 guilty go free than even one possibly innocent person be convicted.
Alan DershowitzStudents throughout the totalitarian world risk life and limb for freedom of expression, many American college students are demanding that big brother restrict their freedom of speech on campus. This demand for enhanced censorship is not emanating only from the usual corner - the know-nothing fundamentalist right - it is coming from the radical, and increasingly not-so-radical left as well.
Alan DershowitzWhen I was growing up, my mother would always say, 'It will go on your permanent record.' There was no 'permanent record.' If there were a 'permanent record,' I'd never be able to be a lawyer. I was such a bum, in elementary school and high school... There is a permanent record today and it's called the Internet.
Alan Dershowitz