my guest justice antonin scalia and bryan garner, co-authors of their book. why do you believe that people who burn the flag in america should be allowed to do so, yet you personally, if you had the chance, would send them all to jail? >> if i were king, i would not allow people to go about burning the american flag. however, we have a first amendment which says that the right of free speech shall not be abridged, and it is addressed in particular to speech critical of the government. i mean, that was the main kind of speech that tyrants would seek to suppress. burning the flag is a form of expression. speech doesn't just mean written words or oral words. it could be semaphore. burning a flag is a symbol that expresses an idea, i hate the government, the government is unjustice, whatever. >> if you're not sure, then in the end, no one knows the constitution better than you do, doesn't it come down to your personal interpretation of the constitution? if it isn't clearcut, which it clearly isn't, you in the end have to make an opinion, don't you? >> well, forge