burning a flag is a symbol that expresses an idea, i hate the government, the government is unjustice, whatever. >> if you're not sure, then in the end, no one knows the constitution better than you do, doesn't it come down to your personal interpretation of the constitution? if it isn't clearcut, which it clearly isn't, you in the end have to make an opinion, don't you? >> well, forget this person has to be convicted by a jury of 12 people who unanimously have to find that he was inciting to riot. it's not all up to me. it would be up to me to say that there was not enough evidence for the jury to find that perhaps, but ultimately the right of jury trial is the protection. >> don't you think this example of speech and reading speech and a fair reading is including symbolic speech -- there's a lot of case law about that, of course -- but it's a good example of why we think strict construction is a bad idea. a lot of people think justice scalia is a strict constructionist when, in fact, he and i both believe -- >> what does that mean? >> well, it really means a narrow reading, a crabbe