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They can be but they shouldn't get the special deal from government. >> got it. so you're saying, it's actually in line with what they're saying which is were not really a publisher where an open platform for the expression of anyone's views and you're saying okay, if you're gonna get that protection it really has to be anyone, not just the people you approve of. >> your executive right. but i'm thing to them as prove it. if you really are an open platform like you say you are, then submit to an audit every two years that will make sure that you're not engaging in censorship. if that's the cas...

Government. >> got it. so you're saying, it's actually in line with what they're saying which is were not really a publisher where an open platform for the expression of anyone's views and you're saying okay, if you're gonna get that protection it really has to be anyone, not just the people you approve of. >> your executive right. but i'm thing to them as prove it. if you really are an open platform like you say you are, then submit to an audit every two years that will make sure that you're not engaging in censorship. if that's the case, they can keep their special immunities. if there engag...

List versus fec you wrote that disclosure requirements trigger rights that receive less first amendment protection, close quote, than speech prohibitions, other types of speech prohibitions. >> and i think that followed from supreme court law and is consistent, i believe, with subsequent supreme court law. of course the subsequent supreme court law controls. >> do you have a favorite among the federalist papers? >> -- i'm not asking you to choose from eliza and -- >> no, that's right. yes. so i like a lot of federalist papers. federal 78, of course, the independent judiciary, the role of the j...

I would keep an open mind on that case under the precedent, first amendment law, and would think about that. the policy question i think is really for congress in the first place to determine, assess, study exactly what kind of disclosure requirements should be put in place. >> the potential hassard there is that the unleashed power of unlimited political dark money then becomes like a ratchet. the obstacle to solving that problem. and i hope you can understand that as a matter of political principle. >> i do understand the concerns about money in the political system. when i worked for -- in ...

The way when they're done with them they fire the client rather unceremoniously in my experience. then when the proper case comes up, you see this flood of special interests amicae with terrible transparency into who is behind them. in one case we tracked one of these big funding groups behind 11 different amicus briefs in the same supreme court case. so the whole amicus thing begins to have a really rank odor to it. then at the end of the day where things really start to go haywire, in my view, is when you go back to those five to four decisions that i talked about yesterday, which i think is...