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Business news which he liked. criticized weekend anchors shep smith because he didn't like what they were saying and five tweets defending fox host judge janine pirro, which many think it happened after she made remarks about muslim women covering their heads. >> it is actually somebody who calls herself a judge actually attacking a first amendment protection, which this country was really founded on. this is why the pilgrims came to

Not a big deal. is it? >> fred, i hesitate to disagree with michael now that he is named as a faculty member at harvard, however, i agree on the issue that wikileaks might in fact have first amendment protection, and i don't disagree with michael about that. as a matter of fact, i think what really this is about is the fact that remember, roger stone is charged with lying to congress about the nature of his contacts with wikileaks. so i think the focus will not be so much on the issue of weather it was legal for wikileaks to provide information, i think it is more roger stone lied about it. an...

Michael, that wikileaks has the same kind of protections as a news organization, even though as far as we know they don't provide news content but they provide information. >> that's right. again, there are good minds that disagree with me on this, maybe better minds that disagree with me on this, but i believe when they're a distributor of news like the snowden stuff, they're under first amendment protection. cia director pompeo thinks tlaer a none state hostile intelligence service. if that's muf's view, then they would deal with them not as a media organization and intelligence service. i d...

Punished to the full extent of the law. with your experience in the federal law enforcement system, what would you be recommending and this hate is available to find, but free speech is one thing. hateful acts are another. what's the conversation that should be happening in the law enforcement community about how to prevent these things. they actually act on this hatred and they will be prosecuted to the fullest extent of the law. prevention is tough when you talk about first amendment protection. you have to have an act. you don't have to wait for the trigger to be pulled. if you see someone ...

List versus fec, you wrote the requirements trigger rights that receive, quote, less first amendment protection, close quote. 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 here between eliza and -- >> yeah, no, that's right. i like a lot of federalist papers. federalist 78, of course, the independent judiciary, the role of the judiciary. federali