jeffrey: so thanks for the plug, akhil. and mike -- kmbings akhil: books like brother paulson's. jeffrey: this is probably a good time for me to plug the book by tony morrow "landmark cases volume two." you can get it online and here at the constitutional center. mike, i guess two questions about brandenburg. is akhil descriptively right that the reason the court recognized this free speech principle in the 1960's and suddenly protest is more popular and the sedition act of 1917 was passed during world war i, at the time of the framing those prosecutions were much less popular? then i just want to ask you, was brandenburg, and is brandeis correct as an originalist matter? the constitution center is going to have a great debate next month in boston. campbell, who is a brilliant scholar, who wrote a piece for the "yale law journal" that says the first amendment was supposed to respect core political speech but maybe some restrictions on hate speech are ok. so i want to know was brandenburg correct? mike: i think that is a big, complicated question. i think brandenburg is right. i t

akhil captcha this well. is that the 14th amendment is a restriction on what state governments can do. the 13th amendment prohibited slavery and could reach private conduct. what of the arguments for sustaining the civil rights case was that it was in forcing the prohibition on slavery. i think the supreme court rightfully said well that is going to be on printing slavery. the discrimination is something different from slavery and the power to outlaw slavery and to enforce the ban on slavery doesn't get you all the way there. , think the argument that inns motel, error. railroads were public accommodations and were part of the government is wrong. the civil rights cases is correctly the origin that the 14th amendment is a restriction on what state governments can do and are has to be something trivial to the actions of the state. her is where i end up disagreeing with the result. congress has the power to pass laws in forcing the prohibition on states denying equal protection. there is a sense in which the st

i think akhil in his 20's was right. a bonus, if it is meaningful, is a small quota, and a smaller infringement of the same principle. the interesting thing is that eight justices agree that the one answer that can't be right if the answer in the middle, because all it would do is produce confusion. think we have seen that for about 40 years in the supreme court's opinions. they cannot agree whether the principal is race blind or that you can give preferences based on race. it is a total quagmire. >> without settling that quagmire, we will turn to the first amendment. let's read the first amendment and inspire ourselves. " congress shall make no law establishing the protection of religion or limiting the exercise of, or limiting this speech or the press, or the right of the people to peaceably assemble and to petition the government for a redress of grievances." there is no case that captures our first amendment condition than brandenburg v. ohio, decided in 1969. this is an astonishing case that reminds us that america

akhil: so, to start with harlan's dissent. what a name. john marshall harlan, i think the dissent better channeled john marshall, because what did john marshall say in mccullough? as mike told you, congress should have broad power. the constitution doesn't say bank. it doesn't say air force. it doesn't say individual mandate. but congress should have broad power when implementing the great purposes for which the constitution was established, at the founding. what's the purpose? national security above all. and a bank is useful for national security. banks are helpful to win wars. and marshall mentions that in mccullough. after the civil war, the federal government is basically given a new competence, a new focus. civil rights. 13th amendment. endthe slavery -- slavery. and second clause says congress shall have power. the language used is congress shall have power to pass appropriate legislation. the word appropriate is actually taken from mccullough versus maryland. so the framers of the 13th amendment ending slavery want congress to have

akhil and i are both re-speech liberals. i reached that result in as a matter of policy, not because i like beach. i do like speech. idon't like all speech . but i think that is correct as a matter of the original meaning of the constitution. it is true that the purpose of the framers, the core purpose of the first amendment was to protect core political speech. but i think that the words that they wrote, freedom of speech are broader than the principles. they were overbroad in protected speech. a go beyond what the europeans do and it is something distinctive to america. whether it's the supreme court too long to get there, i think could be fairly debated. the supreme courthas not always been a vigorous protector of free speech . for the most awful decisions of the supreme court came in affirming convictions or sedition for outrageous speech. one of the cases mentioned in the book i wrote is a case called debs versus united states. eugene debs was a socialist presidential candidate in a variety of elections in the early 190

akhil has vowed to serve another four year term despite growing criticism within her conservative bloc many contend that she granted too many concessions in a coalition deal.

akhil what is the legal justice black's holding. correct? and was there a decent kiss on the other schnide. talks aboutndment freedom, the freedom of speech. and the freedom of the press. those are two slightly different things at the time of the framing. the 14th amendment makes these rights against the states and local governments like des moines, iowa, for freedom of speech comes from freedom of speech and parliament. speak, toere people speak about very broadly and inland.scourse everyone gets to do that because we are sovereign. the parliament system all of us. the citizens. so that is very proud political, experience which is what mike defend. that is the been denburg case. actually meant machine look the prinking press presses.the england, youwas in see printed press used to be expensive pricey piece of everyone had one. today you all do it. thelabtop and you know then was veryk big heavy piece of equipment. englandrnment of thought he could license it. where the d-day invasion was going to be. getting a quarter -- court order is not

that's what i learned from akhil so many years ago in that wonderful class. that's what the two of you learned as students debating each other, caring so much about the meaning of the constitution, recognizing that it has made for people, a fundamental different point of view just as home said. that's what c-span is about. that's why we are so excited about this series and so hrilled to share it with you. >> you can find this online, we'll take you back to the financial services round table spring conference, hearing remarks shortly by deputy attorney general rod rosenstein in a discussion on federal law enforcement priorities. >> important legal challenges facing our country. please welcome me in welcoming the deputy attorney general of the united states, rod rosenstein. [applause] you're obviously in the news a bit about the russia matters, which i will -- which will not be discussed here today since it's a pending investigation. i wonder if you might take us beyond that the role that you play on behalf of our country in terms of the rule of law, in terms o

well as the german chancellor headed to the conference room akhil expressed her hopes for a conclusive outcome. one thirty here we are meeting again today for the decisive round of talks in the and that's again if you don't start coming i can't say how long they will take it for but we made a lot of progress yesterday but there are still important issues we need to resolve i'm heading into these discussions with goodwill but i'm also aware that the tough negotiations are ahead of us today is not fun we know our duty and intend to fulfill it became an unsolved unfolds who can get a sense of it. so will now and on saturday shocker were hungry to reclaim seconds fought in the windows media table on the back of a solid record i guess but a man on the other hand well when this in a five games heading into the clash keep up their forward but i am in spring a surprise. to coaches fighting at opposite ends of the table florian curry felt braman of only one three times in the league this season the lowest ever tally at this stage when you're struggling to catch a victory the least you can hope

well as the german chancellor headed to the conference room akhil expressed her hopes for a conclusive outcome. one thirty here we are meeting again today for the decisive round of talks and the one that's again if you don't start coming i can't say how long they will take it for but we made a lot of progress yesterday but there are still important issues we need to resolve i'm heading into these discussions with goodwill but i'm also aware that the tough negotiations are ahead of us today is not fun we know our duty and intend to fulfill it we can unsolved all the trolls who can get a sense of it. so will now and on saturday shocker we're hungry to reclaim second spot in the windows media table on the back of a solid record i guess but a man on the other hand well when it's in a five games heading into the clash keep up their forward but i am in spring a surprise. to coaches fighting at opposite ends of the table florian curry felt braman of only won three times in the league this season the lowest ever tally at this stage when you're struggling to catch a victory the least you can ho

akhil has vowed to serve another four year term despite growing criticism within her conservative bloc many contend that she granted too many concessions in a coalition deal with the center left social democrats she shot back in a t.v. interview saying it would have been irresponsible to let negotiations collapse. new york's attorney general has filed suit against the weinstein company and its co-founder harvey weinstein the suit alleges weinstein his brother robert and others failed to protect employees more than seventy women including many actresses have accused harvey weinstein of sexual misconduct or rape. south africa's deputy president cyril ramaphosa has pledged to quote finalize questions about president jacob zuma future at a meeting monday afternoon top officials in zuma and run oppose as a.n.c. party will gather to debate recalling zuma from office corruption scandals have marred seumas presidency. freedom of expression. a value that always has to be defended anew. all over the world. of freedom freedom of art. a multimedia project about artists and their right to express t