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Down ferguson last week. he has now apologized for his actions, saying his emotions got the better of him last night. but he's saying he should not be blamed for the country's condition after the grand jury's decision. >> this guy should be given a pass, he admits that he shouldn't have said it. i can't even fathom the idea of putting this guy before a grand jury. talk about inducing more riots. i just find it amazing. >> you can say what you want when you want to say it. there are limits, you can't yell fire in a crowded theater, you can't yell bomb on an airplane. because it creates possible...

Eye," if "red eye" had a guest on, we don't have the budget to actually blur your face. you'd have to put your hand in front of your face like this and change your voice. >> i would not do that but the other person that said that would. i condemn him. >> here's the thing. i'll open this up to the table. we live in a time where we're absolutely intolerant of halloween costumes or off colored jokes or anything considered offensive to specific groups but somehow not this. slightly hypocrite cal? >> extremely. >> i don't think so. there's a different level of seriousness. >> that's what i'm saying...

Eye," if "red eye" had a guest on, we don't have the budget to actually blur your face. you'd have to put your hand in front of your face like this and change your voice. >> i would not do that but the other person that said that would. i condemn him. >> here's the thing. i'll open this up to the table. we live in a time where we're absolutely intolerant of halloween costumes or off colored jokes or anything considered offensive to specific groups but somehow not this. slightly hypocrite cal? >> extremely. >> i don't think so. there's a different level of seriousness. >> that's what i'm saying...

But when you're condescending and you don't even have the facts right, when you're misstating what the second amendment says, as interpreted, by the conservative supreme court by scalia, i have a problem with that. >> yeah. reverend al, later in the hearing senator feinstein said the first amendment doesn't stop us from regulating some forms of speech like child pornography. other democrats pointed out the first amendment doesn't protect people from yelling fire in a crowded theaters but would not be a violation of the second amendment to prevent someone from bringing a hundred round magazine ...

Different reasons. >> it was a radical decision. for the first time ever, the scrutiny process deemed a compelling state interest to be diversity. i mean this is the same form of scrutiny given to guantanamo detainees or yelling fire in a theater and the compelling interest articulated for the first time ever with no foundation in any prior case or history was diversity. i think it demeans the standard. >> wait a minute. it's interesting because we are having this conversation. what the court said is that the court should defer to the first amendment academic freedom of institutions to make th...