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They're going to argue they have the right to exercise their free speech in charlottesville. why do you think what they did in charlottesville, that goes beyond free speech and free assembly, both of which are protected by constitution? >> the reason we think that and why we think the activity we're seeking to enjoy is not protected by the first amendment is because it was violent conduct. and the supreme court has said over and over again that violent conduct is not protected by the first amendment. this paramilitary activity, this incitement of violence, this engaging of violence and provoki...

Violent conduct is not protected by the first amendment. this paramilitary activity, this insightment of violence, provoking of violence and engaging of violence is not free speech. speech, expression, assembling together to express views without violence, that's protective, but what we saw there -- >> armed groups that showed up, there's right to bear arms in the second amendment. >> second amendment as supreme court recently as the heller case in 2008-2009 protects an individual right to bear arms for one's self-protection. the supreme court never said it protects the right to gather togethe...

That's all going to be done. some have seen some of the photos. they have different judgments they can make about that. let's get the facts and you can deal with that in due time. i think what people are really focused on, the people i talked to here -- a lot of people just have the question of why did he do this and what could he have done? could there be anything to be done to prevent something like this? some of the other cases, we knew he was radicalwe when he lookedt his social media before she came in on the fiancee visa. there were signs with omar martin. in this case, we have you have ...

Thing. when i first started covering the courts, one of the craziest things, you run out and try to figure out what it says. and to tell everyone in ten seconds. we had this big gun case back in 2008. as i looked down, running out of the court, i could see it was authored by justice antonin scalia.in to tell me everything about the heller case. back inab 2008, it took a very important step same. basically there is an individual right for you to own guns. d.c. is where the case came from. they had some really restrictive stuff that basically -- you can have a gun but had to have locks and you c...

The islamic state claims credit for this immediately after it happened. they are obviously on the ropes. you can't trustth everything thy say but i can tell you on our committee when we look at these attacks, when they do claim it, it tends to be the case. there'veen been one or two where it wasn't the case. his brother had not talked to him in six months. what happened over the last six months? that's the question they are trying to answer. they have not answered it yet. >> brian: so, they got to him within the last six months? the theory with the islamic state. that's part of what they said ...