>> i'm a textualist. what the provision reads is, congress shall make no law abridging the freedom of speech. so they had in mind a particular freedom. what freedom of speech. the freedom of speech that was the right of englishmen at the time. >> what is the difference between speech about insurrection being unacceptable and speech as you're burning a flag? isn't that a form of insurrection? >> no. >> isn't it? >> to, no, no. that's just saying, we dislike the government. it's not urging people to take up arms against the government. that's something quite different. that's what i mean by speech urging insurrection. speech inciting to riot or inciting -- >> or shouting "fire" in a theater. what about that? >> one of the more complex things about you, justice scalia, which i think has an admired and criticized in equal measure, the case i would put to you i think is interesting where you dissented against something where i think common sense would have dictated the opposite. with maryland v craig, a young