>> i said if you're going to be serious about textulism, if the statute doesn't make an exception, it doesn't make an exception. and those states made an exception. that's what happened. >> let's take a break. i want to ask you why you think burning the american flag is allowed, even though personally you would throw them all in jail. [ lane ] your anti-wrinkle cream is gone... but what about your wrinkles? neutrogena® rapid wrinkle repair. its retinol formula visibly reduces wrinkles in one week. why wait if you don't have to. neutrogena®. trouble with a car insurance claim. [ voice of dennis ] switch to allstate. their claim service is so good, now it's guaranteed. [ normal voice ] so i can trust 'em. unlike randy. are you in good hands? >>> justice antonin scalia and the co-author of his book. you left the viewers on a cliffhanger. why do you believe people who burn the flag in america have the right to do it, and yet you personally if you had the chance would put them all in jail. >> if i were king, i wouldn't allow people to burn the flag. however, we have a first amendment which

>> guest: originalism is textulism . you are governed by the text. that is the only thing rel vant to your decision not whether the outcome is desirable or legislative history said this or that but the text of the statute. origin willism said when you consult the text you give the meeping when it was adopted and not a later modern meaning . >> chris: if it was the constitution written in the 1800-- 18 you try to find out. >> guest: exactly. the death penalty. i it is clear that american people adopted a cruel and unusual punishment clause at the time when every state had the death penalty. no one thought that the eighth amendment prohibited it. >> chris: you criticize another approach using a word they did not know existed prior to reading. purposivism. what is it it mean? >> guest: what it means and the most popular of interpretation in rint times. it means consulting the purpose of the statute and deciding the case on the basis of what will further the purpose. textualist consult purpose but only the purpose in the text. i have to give you an examp

>> i said if you're going to be serious about textulism, if the statute doesn't make an exception, it doesn't make an exception. and those states made an exception. that's what happened. >> let's take a break. i want to ask you why you think burning the american flag is allowed, even though personally you would throw them all in jail. Ñe [ bell tolls ] agents, say hello to the biggest hailstone in u.s. history. oh, that will leave a dent. which is exactly why we educate people... about comprehensive coverage. yep. the right choice now can pay off later. [ announcer ] we are insurance. ♪ we are farmers bum-pa-dum, bum-bum-bum-bum ♪ >>> justice antonin scalia and the co-author of his book. you left the viewers on a cliffhanger. why do you believe people who burn the flag in america have the right to do it, and yet you personally if you had the chance would put them all in jail. >> if i were king, i wouldn't allow people to burn the flag. however, we have a first amendment which says that the right of free speech shall not be abridged. and it is addressed in particular to speech critical