The Calb Report with Marvin Kalb

Introduction

• Funding: Supported by a grant from the Ethics and Excellence in Journalism Foundation.
• Location: National Press Club, Washington DC.
• Host: Marvin Kalb.
• Guests: Supreme Court Justices Anthony Scalia and Ruth Bader Ginsburg.
• Topic: Discussion on the First Amendment and freedom of the press.
• Note: Both justices are known for their contrasting views yet maintain a strong friendship.

The First Amendment

• Concept of Freedom

  • Justice Scalia's view:
    • Inspired by English common law traditions.
    • Focus on absence of coercion.
  • Justice Ginsburg's view:
    • Passover as a celebration of liberation aligns more with freedom than the initial commandments.

• Historical Context

  • Not primarily debated in 1787; more focus on government structure.
  • Bill of Rights added later in 1791.

Freedom of Speech and the Press

• Scalia's Interpretation

  • Originalist view, aligns with no constraints on speech unless it involves lying (libel laws).
  • No special prerogatives for institutional press; freedom applies broadly.

• Ginsburg's Interpretation

  • Supports the evolution of constitutional interpretation with societal changes.
  • Press freedom as a protective measure against government overreach.

Influential Court Cases

• New York Times v. Sullivan (1964) Decision
  • Established new standards for libel law, requiring proof of malice for public figures.
  • Ginsburg supports this decision as a protection during the Civil Rights era.

Modern Challenges and Technology

• Surveillance and Privacy
  • Discussion on NSA surveillance and whistleblowing.
  • Concerns about balancing security with privacy rights.
• Digital Age Impact
  • Social media's influence on free speech; potential for miscommunication.

Judicial Philosophies

• Television in Court
  • Scalia against televising Supreme Court hearings, fearing misrepresentation.
  • Ginsburg concerned about the complexity of appellate arguments being misunderstood.

Personal Reflections

• Friendship Between Justices
  • Despite differing opinions, Scalia and Ginsburg share mutual respect and collaboration.
• Challenges in Judiciary
  • Both discuss the importance of supporting the fundamental rights within the structure of government.

Conclusion

• Message of Unity
  • The importance of maintaining friendships despite differing political or legal views.
  • Call for mutual respect and understanding across different viewpoints.