>> the majority of the court has never taken a position on the espionage act and whether it's actually would violate the first amendment. that's an open question, i gather. >> for an open question theoretically. i don't, frankly see the question. >> paul: do you think it would stand. yes. >> why? >> because the first amendment doesn't protect speech. it prescribes certain findings, and prosecution of the prosecution-- doesn't protect prosecution from shouting fire in a crowded theater. doesn't protect from prosecution from fraud. it's interesting the formulation of the first amendment. it says that congress make no la laws-- let's say rigid freedom of speech. it's the freedom of speech, it was the free speech of the speech known at the time and freedom of speech within ragsal limits. a lot of publishers would