so we would have to get to that in a different way having already accepted gays and lesbians and that's not where we are. i guess i think at least one prediction that michael made i think is wrong, namely, he thought that focusing on marriage would lose a lot of mileage with respect to antidiscrimination and other areas where progress could have been made. i think that actually hasn't happened because focus on marriage has made all the rest look easy. and when marriage wins, well, then you get everything. but when -- even when marriage loses, of course, we have discrimination and you get even the republicans in 2008 saying that kind of thing. so i think, you know, even the military is backing down. did you hear what happened today? they finally announced that prosecutions for dismissal under don't ask, don't tell can can only be initiated by a admiral or a general. so this is really -- you know,

we're getting the progress that he was worried about. so i guess i'm not so worried at least about that. and i guess i think well, if we stick up for marriage just so long as we don't defy the house. in lawrence what was ambiguous is sex being protected because it's a particular kind ofksb intimate decision, which i think would be the right understanding, or is it being protected because it's in a protected place? ..

>> okay, let's have -- sorry. i've been getting full answers. anyway, this will be the last question. i'm sorry to. >> too much pressure for me. [laughter] >> a few quick points that occur to me. you argued at the beginning that it is not a good basis for prohibiting that act. and my question would be how that relates to animal cruelty laws which i don't think there's a fundamental basis for in the constitution. there's not really legal framework for protecting animals. it's mostly based on sort of protecting human beings. and our collective conscience that is embarrassed by the animal cruelty and that is a

consequence. my second question was about the fourth argument against same-sex marriage. and is not lost sort of a codification of our collective morality? i mean, in other words, doesn't it require sort of in some sense at least a consent of the majority of people? isn't that, in fact, the basis for a state endorsement of marriage? if it's the case that our government is sort of a representation of the people, then they case the government to reflect the particular will on that issue. >> okay. animals, there's no constitutional framework for protecting animals. there just isn't that i think there should be. there's a whole issue of annals is not related to the. that issue is about whether just fear or disgust can give you this very week thing, rational basis for a law. and the precedent that came before the case, a case

concerning people with mental disabilities. where in texas, a city in texas had refused a permit for a home that housed people with mental disability or they put forward all sorts of arguments like this place is on a floodplain. in the event of a flood these people would not be able to get out of the home. and so they had all these arguments. but what the court said is nothing but fear. so they declared that that's only law lacked a rational basis. that was a precedent that people argued before the supreme court were relied on and they got what it wanted. okay. so the fourth argument, i think, you know, law in a pluralistic society does of course have a moral content because my image, and it's one that i took over from john rolls is what he calls an overlapping consensus. that is, all our moral views

differ, but let's hope that we overlap in a certain zone. and we base our political principles on that. now what would be in that's own? the idea of human equality, and dignity, equal protection of the law. things like that. and in the work of the applications of that. now, that means that the majority's had better be very careful that when they bring their preferences forward, it's something that is in that zone, rather than something outside his own that they happen to like very much. so for example, when they say, well, sunday will be the day off and if anyone can work on saturday, tough for them. they can't even get unemployment compensation. the supreme court has said, well you know, that's like finding someone for saturday worship. and as we can't allow because its intention of the fundamental idea that people are equally entitled to exercise their religious liberties. so in other words, there are built in safeguards for

minorities, less the majority impose on the minority something that is violent of values that do light in the course, such as equilibrium of conscious. so what you say has truth to it, but not the whole truth. [applause] >> martha nussbaum is a professor at the university of chicago law school year for more information visit log not you chicago.edu. >> john nagy presents a history

of espionage during the revolutionary war. mr. nagy examines efforts used by the british and the continental army, like hidden compartments and hollowed bullets. and dictionary codes and musical notation. the fraunces tavern museum in new york city is the host of this 50 minute event. >> thank you. the american revolution begins up in boston after the battles of concorde and lexington. the american army surrounds the british, who are under a virtual siege. the british find out that british general thomas gage is in charge. they have no one on staff who really is an expert in the ciphers and codes that have no system actually in place to send coded messages to the operations in canada, or even here in new york.

american general george washington takes command of the troops at cambridge, and again on the american side, there is nobody in charge of cryptology. now, what you do have a situation where merchants are not totally ignorant of codes and ciphers. when they deal with their factors, their agents in london, they had a tendency to use a very creative cyprus system to tell the agents what price to sell out, and so on. so if their messages were intercepted, the e-mail, because in 18th century you had no privacy in the mail. you put it in the mail, it was public information. you could be pretty much assured that someone was going to read it along the way. now, one of the situations is you have dr. benjamin church who is the surgeon general of the continental army. he is one of the five leaders of

the patriot movement in massachusetts, along with john and samuel adams. john hancock, doctor warren, and doctor church. the only problem is doctor church is a british spy. he has been on the british payroll since at least 1772. and so while he is running the american hospitals, he is sending an information to british generals in boston. what you see at the bottom of the seen -- got to point at the right way. right here. is actually decoded handwritten message. that's the cipher key of his that was intercepted. it was intercepted, he was able to send an e-mail directly in the boston that it had to go down to providence, down to newport.

so what he did is he sent his mistress who was a prostitute in boston down to newport to one of her former clients to get the message to the british captain of the vessel. he takes it on board ship, sees the message that is all in cyprus, and symbols, and so he decides not to do it. takes the document, goes to the governors of rhode island, who then sends him up to a american general green, who, being a merchant, knows it is a coded message. the american put two teams to decipher the message and they both, using frequency analysis, in other words, which letters appear the most common, you then back it out that the most common letter and in which is the letter e. so you would start with figuring out what appears the most time, and that is the letter e.

and you work down from there. they come up with exact same translation. both of them. and that's the code that they wrote down that he had used. now the difference between a cipher and a coat, everybody has a tendency to misuse the terms. a cipher is when a character or letter represents another character or letter. in other words, eight is equal to one, or dealt using a symbol. is equal to the letter k. or something similar. the code is when a character represents an entire word. usually you're going to need a codebook to identify what the codes are, because you will be using so many. generally you're not going to be able to keep track of them in your head. one of the things we need to realize is the alphabet in the 18th century is not our alphabet. okay, it is not identical.

in the 18th century, the letters i and j. are the exact same letter. there is no difference between the two. the letters u. and v. are the same letter. so if i gave you the letters i, b., al, why. it today it would look strange. in 18th century they would nd immediately know that what i meant was july. okay. and shorthand writing is another form of codes and ciphers. and the earliest book that i found on shorthand dates to 1586. so it was well known. what you're looking as is joseph standards cipher. and it is very simple to a equals z., b. equals a. it is a one letter shift. joseph stansbury is the person

in philadelphia who receive the messages from benedict arnold, wrote them into cipher and codes. and they were brought across new jersey by two different methods, brought here to new york. they were given to the reverend jonathan odell, who didn't decoded the messages, and then turn them into british headquarters right here at one broadway. they also used the book codes. blackstone's commentaries on the laws of england, and if you notice, it's his fifth oxford edition. it is very important that the two people sending and coding and decoding the messages are using the same addition. otherwise, you find that you put down the word balloon and they are reading it as baloney. so you have got to use the same addition. the first number is usually the page, the second number is the line and the third number is the

word. so 45-nine-eight would mean to go to page 45, go down to line nine, the over two word eight, and that would be your word. which obviously you've got to have the same book. dictionary code. very popular use by all sides. a dictionary, the most common one just was the new spelling dictionary. it has a list of words alphabetical order, two columns, and you have just about every word that you could possibly want. what they would do is they would put a dot over the number to indicate whether it was the first called or the second column. they had a tendency when it was the first column to just ignore the dot. they would also do things like add 20 to the page, or seven, or what have you. 155-11, and i added give you

20 to the page, i'm you to go to page 139. okay? there is also an instance where they paged the book backwards to try and keep it hidden. what you're looking at is the original letter from benedict arnold offering west point for 20,000 pounds. is in code and the original letter is of the -- at the university of michigan. >> this is a pigpen cipher we would call it like a tic-tac-toe board. they called it a pigpen you would place the letters in each one of the quadrants, and the two sides, the sender and receiver, had to agree which letters are going where. okay, so as long as you understood the positioning of the letters in the different

slots, you were able to transcribe a message. so if you're looking there, you see in the first opera last quadrant the letters a., b., c. if you do just the upper left quadrant without putting anything into it would indicate the latter a. if you drew the quadrant and put one.com it would indicate the letter b. the upper left quadrant with two dots would be the letters he and so on. now, all sides wound up using this. the americans, british, french. there's even a cash and i regret is partially written in a pigpen cipher. that's what it would look like when you would actually see it. and if you took the time to translate it, it would give you the word traitor. if you look at the first letter, it's the lower left quadrant one dot, so it is the letter t.

if you carry it out you would then get the word traitor. they can cipher by the way is used up through the american civil war. this is the french version. and also use an ax to indicate to just make it a little more complicated. the next thing is called a mask. the sections where the squiggles, those who because that's on the page. so how you would use this is you would put the mask on the paper, which are secret message in the cutout holes, take the mask off and then write the rest of the message around it. now, you're not going to get it right the first time. so it is something that would have to be done a number of

times in order to get it correct. they also use masks with a hidden center. we would call it an hourglass mask. in the 18th century they called it a dumbbell mask. so you always have to understand the different terminology. here is a letter written with a hidden center. here's the actual hidden message. okay, and what the message says is that sir william howell has gone to just be. it was sent by general henry clinton telling them he was knocking up the hudson to help them. he has gone to attack philadelphia. so you can see the hidden center. and again, the actual letter. dead drops.

a dead drop is where one party deposits a letter or message in a location, leaves it there, and then another one comes along and picks it up. dead drops were used in trees in albany, paris and pittsburgh are in pittsburgh you have simon gertie, who is a british spy. he would come, pick up the message that was left by his brother in a tree outside of pittsburgh. the only problem is simon gertie could not read or write. which is a major handicap if you were a spy. [laughter] >> he would wind up having to get a friend of his to translate and tell him exactly what the message was. the only problem was that the friend was an american spy, who then went back and told general brodhead at fort pitt all the information that was coming out of fort that going up to fort detroit.

this stuff israel. this is not hollywood. this is the way it really worked. okay, on long island they used a box in a cow pasture. you also have to be careful where you stepped, but you could still do it. the way work is often row was a tavern keeper out in suffolk county. he would travel into newark city to pick up supplies and what have you. and he would take the messages back out to eastern long island. he had rented a cow pasture as a place to have a scout to greater kitty legitimate reason to check on his cabinet while there he would leave the messages in a box in the field. amos woodhall would come, he owned the field, had legitimate reason for being in the field checking on what is going on. and while he was there he would pick up the messages and give them to still a strong. she would then place it in a

location down at the beach on long island sound. and by the use of bloomers and purchased should hang on the line would indicate to the american people where they were to go and pick up the messages. in philadelphia, we have the story of mom rinker who would set up on the river doing her crocheting and darting, and then she would be of serving the british. should write her messages and stick in a ball of yarn which allowed to roll down the hill and down at the bottom of the hill it was serviced by two americans, who would come pick up the messages and take them back to washington at valley forge. and in rhode island they also use a rock down by the water.

invisible ink, anything that is mildly acidic will work, whether it be milk, lemon juice, grapefruit juice. during world war ii they actually used urine. anything that will weaken the fibers of the paper. what happens is the fibers, once a week and when you bring it next to heat, the weaken the fibers will darken first. the only thing you have to remember is to take it away from the heat or the whole document goes brown. but anything that will weaken the fibers will work in doing it. i'm sure some of you, when you were younger, tried writing with milk or lemon juice, and you put it next to a light bulb or what have you and it does work. they also had come in the 18th century, three different methods, which are identified in the book, that tells you of compound chemical reactions

where you would write with one chemical, and then have to apply a second chemical, which then would make the message of fear. applying heat to these, that chemical would have no affect and would not make it visible. what you're looking at is an actual letter written in invisible ink. they are very rare, mainly because when you apply the chemicals to it, the document become very fragile. the reverend jonathan odell mentions the fact that he transcribed all the letters when they got to him, because they became very brittle after applying the rebate in. if you look at the page, you will see at the top, drop down to the third line, sir begins a second inning of a letter. you can also say there are two different color inks being used. and also on the left side, what

looks like a watermark is actually where the chemical reagent has been applied to the document. hidden compartments. they use all sorts of things to hide messages. up in the new york frontier up near albany and up in canada, they used hollowed out of bullets. and on the front here, people would be expecting to go out and shoot their dinner, and so you would be carrying a pouch with musket balls for your rifle or your musket. and so it would be inconspicuo inconspicuous. in many cases it was. there is a situation after the falls of forrest montgomery and clinton in new york, that the american army is dispersed. a british agent who is carrying one of these hidden musket balls sees a group of soldiers in

british lobster back uniforms making breakfast. he comes up to and tells them, take into general flynn. they take into general clinton. however, they take him to american general flynn. there are three general claims in the american revolution. two on the american side and one on the british. they are actually part of the troops who were given regular british army uniforms to wear that were captured at sea. they are known as the redcoat regiment. wayne taylor, the spy, who is carrying the message gets, realizes he is captured, he swallows the silver bullet. is observed. they give him harder image to bring up the message. he brings it up and shoves it back down again. [laughter] >> at which time an american general flynn is starting to lose his patience and tells him he will take it again began this

time it will stay up or he will retrieve it through surgery at the end of a bayonet. so he brings it up. is convicted of the spine and hung at kingston, new york. buttons. some of you may have codes where you have a cloth over the button. this was a fashion that was popular at the time in the american revolution. on your overcoat for the buttons to match the color of the cloth over the button to match the cloth of the jacket that what was happening in philadelphia when british war and occupation his children were able to pretty much go in and out of the lines at any time without being harassed whatsoever. so they would write messages in shorthand, place it over, either a wooden or bone buttons which would then be covered in a cloth. the sun would go through the lines out to the american troops, see his brother who

would then take the messages out from underneath the button, write a response and send him back into the city of philadelphia. canteens. are instances of double bottom canteens better use. clothes, dr. benjamin church mentions that some of his spies, on their bridges, if you're from and with what a hoot he is, a sweatshirt that has bolstering, and so he has this week during the american revolution at that time to bridges, you would have a pull string and so they would hide the message inside the slot for the drawstring. knives, one british soldier, when he applied for his british pension, identified the fact that he was a british spy. turned in his fake hollowed nice to prove the fact that he was working as a spy.

and and when the pennsylvania troops mutinied at more than, british general clinton said six bytes out of new york to try and entice the mutineers to come over to the british side that he offered them everything but the crown of england if they did. but the messages were encased in key lead. t. in the 18 century came in blocks, sort of like chocolate bars. and how today they would be rad with aluminum foil. back then they used a lead foil. not very good health, but they were not aware of it. okay, pins. quill pens that everyone like most people today carry a pen. back in 18 century people carried wills. there exists a set of messages that were rolled up very tiny,

slipped inside a quill and slipped through the lines. that's how we know they did that. plant pots. there's a case where a spy comes into newark city and he hides his messages inside leather bladders that are hidden under exotic plants that are in plant pots. everything worked fine, except, and he goes through the lines, when william smith goes to pick up the messages at this guy's apartment here in new york, he sees all the messages being hung up on lines in the room as the ink is running off the pages. for the longest time i thought this was just a dumb spot, and so i find out, and the british also found out, he was a double agent. he was a spy working for lafayette. but by claiming that his documents were destroyed, that was hopefully giving