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>> what happens in appeals all the time as a matter of costs winning party gets costs made. >> bill: discretionary. >> costs copying cost and so on. the winners here at the west where row baptist church asked for costs done in every appeal and granted in virtually every appeal. >> bill: they can set it aside if they want. >> to other side given opportunity to object if there is a reason. mr. snyder did that he filed his brief late. deadlines matter. they don't do the heart string thing at the appellate court level. he filed it late and the appellate court rejected it now, if he wins at the sup...

They knew what happened. so they had an obligation to go far beyond what is needed. they had an obligation. >> that's not how our judges operate. >> bill: okay. that's how they should operate. >> they don't operate on heart strings. >> bill: they should operate that way. i'm giving you the last word. >> i want to make this -- >> bill: by putting the 16,000, when they didn't have to, they could have set it aside. they just rubbed the guy's face in it. >> the guy's objections were too late. >> bill: it doesn't matter. >> it does matter, bill. in your world it may not matter. in the actual court ...

In his life begin? and usually the supreme court is very protective of the first amendment of the rights of free speech. however, what you said at the last part of your talking points is right. that right for free speech is not absolute. there are limits that can be placed on it specifically with respect to the time and the place and the manner of the speech. the westboro baptist church has a good argument because i know the father said that they were 30 feet from the entrance. the facts in the brief say they were 1,000 feet away and that they were across the street and the testimony is undisp...

>> bill: they don't have to. it stands that they didn't care. >> have you been too tough on the fourth circuit. i have to stand up for these judges. i'm not defending. >> bill: oh that's just bull. >> legal case under anyone's analysis. >> bill: high profile case they should have explained. they let it hang in the air well we don't know whether it was intentional infliction of emotional distress. >> they didn't need to. the other guy concurred and said i agree with the judgment. this is how i would have -- the first two judges didn't need to address that. >> bill: not a matter of need. it's a ...

Laws saying you can't get anywhere near the actual funeral. >> bill: look, whether it was 30 feet or, you know, 300 feet, that does make a difference, i guess. but what's in play here are a number of things. let's take the appeals court in virginia first. all right. number one, i don't know whether you know this, but the appeals court, these three pinheaded judges put their pictures up there again. they found that the intentional infliction of emotional distress charge, that the family made in this case. >> and won on at the trial court. >> bill: was not valid. >> no, they didn't. if you read ...