it probably makes no sense that larry flynt is connected to all of this. s landmark case against the late jerry folwell is being sided by the defense. flynt isn't happy about that, but says he can't oppose it. >> what doing in terms of protesting a funeral of someone burying their dead coming home from the war, i can't think of anything more despicable, more insensitive. but justice rehnquist at my case, he was a senior supreme court justice. and he wrote the majority. and he said often things are done under the guise of the first amendment with less than admiral intention, but the government has no right to suppress it. while we have the basic freedoms. freedom of speech, freedom of religion, right to assemble, we really can't get caught in a position -- whether it's a mosque in new york or what the issue is or burning the koran where we are compromising the basic freedoms that our nation was founded on. and as difficult cases like this one involving the protests of the funerals, the supreme court has to weigh in on. i regret that they're using my preceden

. >>> larry flynt is a part of it. i'll talk to him about his role in a very controversial case and it's a sign of really these tough economic times, a new way to make money for businesses and for schools as well and they're using your children to do it. a controversy likely to spread to your neighborhood very soon. we talk this hour with parents and school board members already in the thick of it. hello, i'm don lemon, but we start tonight's with a terror alert. both the u.s. and britain is warning citizens to be extra careful when traveling to europe, especially france and germany. the new advisories are based on growing concern that al qaeda and other terror groups may be planning more attacks on westerners similar to the commando-style attack carried out in mum by, india, two years ago that killed 166 people. the u.s. state department urges americans to use, quote, common sense precautions and avoid places where americans tend to gather. cnn has also learned the pentagon imposed a curfew practice on u.s. troops in

>> it really is a tough case, and i think larry flynt quoting former chief justice rehnquist really madet amendment cases have been made by very unpopular groups, whether it was anarchists after world war i or people who didn't want to salute the flag or say the pledge of allegiance during world war ii, people who wanted to burn the flag in the 1980s, very controversial case. these are people who hold outcast opinions, but in all of these cases, the supreme court has said what the first amendment provides is freedom for the thought that we hate, and certainly there's hardly more hateful speech than these people torturing these poor families who are suffering so much as it is. but it may be that they say this is protected by the first amendment. >> you know, you, as i said, wrote the book -- i talked to you last hour. you wrote the book on this. it's called "the nine." you have some information, what's going to be important in the two case that's are not going to come before the supreme court. >> well, they're not there yet. they certainly will be there eventually. if not this year, then