Justice Scalia acknowledges the existance of the first amendment.
Scalia explained that in a speech earlier that day he had asked that his appearance not be recorded.
"That announcement was not repeated at the high school, but the marshals believed (with good reason) that the same policy was in effect," Scalia wrote.
"The marshals were doing what they believed to be their job, and the fault was mine for not assuring that the ground rules had been clarified."
Scalia normally bars television cameras from his appearances, but his policy on the use of small audio recorders has not been clear-cut. Newspaper and other print reporters typically use the devices to ensure the accuracy of quotations but not to record speeches or other remarks for broadcast.