have lower test scores. stop blaming the fast food industry. we have problems in our education system. >> if i order a whopper, i'm smart enough to fries. already, cavuto on business is up next. >> what do i want? when do i want it? what do i want? >> did the government serve these union backed protesters a super size zed victory? >> i'm in for neil cavuto. government news that could send jobs way down. the labor board filing charges against mcdonald's saying they violated their rights. could it violate all workers? gary k. >> this is the government picking winners and losers.

they don't like mcdonalds. they are telling mcdonald's they can't fire people or lower amount of hours for employees. it's a joke. it could affect things if they try to break up the franchise relationship. nothing comes when the big arm of the government has the mallet in on the head. >> that's been the firewall for mcdonald's. they are small businesses franchises. people save their money and buy a franchise z. you are one unit and we want to take the whole thing down. >> they are doing it now because of a single decision by the national labor relations board, feeding the white house what it wants. employers and how it affects mcdonald's. it's going to shape them across the nation in various industries. it is going to enjoy jobs.

many industries as we know them hotels fast food you name it, they are going to get hurt. >> is there no recourse? >> they could fight it. they could fight it in court. how long is that going to take? >> is this about forcing them to $15 minimum wage? >> unionizing. >> recourse is a change in washington. that's the recourse. when you get a change in the executive branch, you get a change in appointees and this could be reversed. >> what is the damage? >> listen, i think this is a really dumb thing. i mean listen franchises are small businesses. they have a relationship with a corporate parent. they don't own them or tell them what to do helps them out, so to speak. seems like the obama administration wants to destroy a business model that has worked well and hired a lot of people. >> how about millions and millions. i understand that the administration in the unions are joined at the hip.

to charlie's point, they are going after the most vol nerable. people think mcdonald's owners are very very rich people. in a lot of cases they took a shot at the american dream. >> i don't know that anybody thinks mcdonald's franchise owners or other franchise owners are rich. it's not the issue. >> in front of the stores. >> i mean you know the opportunity here is to go after a large corporation, which is exactly what you would do if you were trying to you know if you were trying to organize and affect change, big policy change. you go after a company like mcdonald's. >> you have a bunch of small businesses. >> there's no question, they are acting as an arm of mcdonald's. >> they have a relationship with them. >> i understand -- >> there's not a subtle

difference. >> in this instance you are being legalistic. >> i'm being legalistic. >> i understand the legal entities. the question is, washington in this case is trying to look out for the workers. this is a battle. >> can i be -- can i be a little -- i'm going to be less legalistic here. yes, they are separate legal entities. these franchises i'm not being legalistic. they operate as small businesses. >> i understand that. >> if you understand that, you should understand they are attacking thousands of small business zs around the country. they are not attacking g.e. or jpmorgan. >> not google. >> he's equating mcdonald's franchises to google. >> charlie is talking about thousands of jobs employees orem ployers rather. we are talking millions of jobs.

we are going to be academic about this thing. it's proven, trying to force it down people's throats. if you force them to pay $15 an hour they are going to have 17 employees. it backfires miserably. >> everything they do is not logical. they go after mcdonald's and walmart. in a case like mcdonald's if you force $15 down here is what's going to happen. managers are going to look at the skills and say you don't get the skills of $15, you don't have them and we are not hiring you. people who get a job for $10 or $11 will not get 15. if you have ten stores with 100 employees, you are going to end up with 90 because you don't want to absorb the costs mandated on you by the government. >> so backwards the government wants to go to war. this is what adam is saying, we

want to go to war with job providers, institutions and organizations creating jobs. we want to go to war with them. >> the jobs aren't good jobs unless they are union jobs in the minds of democrats. that's how they behave. if it's not a union job, it's not a job worth having. it's about control. it's shocking that this decision at the national labor relations board could up end industry. it could up end the entire franchise model in this country with one decision. >> think about what the labor movement was based on. someone from a union household and i like unions. people working in sweat shops, coal mines, and dangerous jobs. think about what you are doing now. you are attacking mcdonald's franchise. how low can the labor movement go that they are attacking small business people who run hamburger stands.

think about it. >> this is the bottom line, they are desperate. this is what's going on here. this is the last chance. i think they are playing the hand the wrong way. this is desperation. >> look, you want to make blanket statements, this is about, from their perspective this is about worker protection. you are ignoring 100 plus years of labor history. >> here is my blanket stationment directed at you, gary. there's no protection clause you like like there's no tax you like. if you want to make blanket statements, be honest about it. >> what protection are you talking about, adam? >> charles, businesses have grown in this country not because of government, but the decisions of great business makers. i trust them to do what's right, not what washington d.c. says. >> i don't deny -- >> because of us. >> think about the labor movement. worker protection in coal mines with $15 an hour at mcdonald's.

>> not only coal mines, times change charlie. >> you stoop that low -- >> i'm confused about where the worker protection part came in. where is the great threat of working at mcd's? tennis elbow? help me out here. >> the specifics -- if you want to have a policy conversation, you said it earlier the policy conversation here, specifically is about the minimum wage. that's fine. we can debate whether or not we like it. but, there's a long list of things we can talk about. it doesn't have to be that long. it can be protection from a deep fat fryer. is there a role -- is there a role for worker protection or not. you say no. >> the national labor relations board has the ability to protect workers at the franchise level. instead, they are trying to rope the corporate parent in and

control mcdonald's, the corporate entity. that's what they did. the franchise set the employment contract and set the rules. instead, they are lassoing mcdonald's. >> the bottom line is the national labor to help workers not be a recruiting arm for the unions. that, in of itself is disengeneral would you say and wrong. all right guys -- really quick. >> stick to the white house is what it is. >> love it. drivers pumped up and you should be. gas prices keep falling. what congress wants to do in the new year to make sure you don't get hosed, again. >> i feel sick. >> keep drinking, we paid 40 bucks.

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me prisoner swap since the insurgency began. now, back to cavuto. well, for holiday travelers it is the gift that keeps giving. gas prices at the lowest level in five years. senate republicans want to keep it going with the passage of the keystone pipeline in the new year. gary critics are saying we no longer need the pipeline. prices are so low they keep falling. what do you say?

>> you strike when the iron is hot. look you get modernized infrastructure that stimulates the economy. more oil keeps prices down and sends them lower. nothing bad about doing keystone. i don't understand the logic about not at this point and time. we want our independence from the rest of the world, let's do it. >> i don't think people appreciate either, just why we have cheap gas. if it wasn't for the fracking miracle and the drilling miracle, you know ultimately, there wouldn't be a supply and demand. >> i think americans know. the energy business has been a huge job creator throughout the middle part of the united states with all these new technologies. we are a wash in oil in this country. the biggest stockpile in 30 years roughly. that's what's driving gas prices down. if you build keystone it creates jobs. more than that, it continues to

promote our energy independence in this country. what's going on with gas prices? it is totally screwing iran, venezuela and all these countries. >> russia check them off. >> i love it. >> i would say that if one thing underscored the hypocrisy on the left they sit around and talk infrastructure and how much we need. they have no problem with infrastructure building but they won't endorse the keystone pipeline that would create many, many jobs. oil prices are going to go back up. you know why? when you lower it, you have given a tax cut to the working class of the country, it improves the economy and it's going to go up again. we need the keystone pipeline. these prices will go up again. >> adam, the last time the president spoke, to charlie's point, he talked about the

temporary jobs. i thought that was risk considering the solar projects. i don't know if you have looked at the one they spent 3 billion on and need more. they created 40 construction jobs, three permanent jobs. >> not a lot of people. >> for the president to go down the path really blew me away. >> i don't know if i'm going to delight you or completely disappoint you by saying, i don't have a problem with keystone at all. it is what it is. it should go forwards. what i will say is, i distinctly remember many times on this program when gas prices were high, we heard about how this was president obama's fault because refineries couldn't get it because this reason and that reason. why are we giving him credit when it's down? >> i think if you are going to blame bush for six years running, this is where we throw him a bone, don't you think adam?

throw him a bone. >> charlie said we throw no one a bone. >> nothing to do with the united states president. >> i have never -- the president doesn't have for the most part control over gas prices in the country regardless of who is in office. >> my point precisely. >> president obama got in the way of all this new production, that could have influenced prices. step back and -- >> suppose he built keystone immediately, that would have added an impact right there. >> no. >> you do understand -- >> on distribution. >> it would have had a crisis. oil is traded in a futures market. that would have discounted the fact that oil -- >> more oil coming on market. here is the thing, gary. this is the first order of business. we come in from the new year. we see them talking about compromise. at least that was the message from the midterms, not sure everybody heard it. can beget the keystone pipeline? can we get americans cheaper

gas? >> four letters v-e-t-o. i don't think that's going to happen. that is unfortunate. there's no reason not to. it's only positive. >> i'm not sure about that. i'm not sure about that. i predict we get it through. >> maybe i'm wrong. >> so many things, maybe he'll keep one in his pocket. >> adam is our literal sun dial. >> mark it down. make it official. adam. thanks a lot. sporting fans suing because the tc network caught this guy snoozing on live tv. the most ridiculous lawsuits of this year could save you money in the new year. up here, next, from russia, without love. if you are on facebook slrks

russia getting in your facebook. the social media site shutting down a page of one of vladimir putin's biggest critics this coming at request of russian internet regulators. adam, we should be worried about this, you say? >> well, of course we should be worried about it. it's extremely concerning. the problem is that the rest of the world doesn't necessarily have the same concept of press freedom or freedom of speech and we do in the united states, and these media companies and facebook is a media company have a difficult decision to make. do they want to do business or do they want to do business the way they want to do business,

and it's not always -- it's not a clear-cut decision is what i'm saying. they did what they had to do in russia. >> seems pretty clear cut to me. when a foreign dictator flexes his muscles they blink. >> look this is a mistake on facebook's part. talking how they're for the people but in this case in russia, pure censorship. russia is driving the bus here. they're putting people in jail just because they disagree, when a group of people want to have a protest this is why they want things shut down. it's surprising to me facebook is going along with it. big benefactor but it what it is. they're afraid of putin. >> they choose to operate in these countries and have to abide by the local laws. these nation doss not have the same laws we do in terms of freedom of expression and the freedom of speech. >> that doesn't make it right. >> facebook censors stuff all the time. >> you're going to embark on

zuckerberg or any of these uber liberal leftists social media types that run around and for every pet cause for every left wing thing if they go and give aid and comfort to vladimir putin, how can you support that? that's insane. >> well, they can pull out of russia. that's the thing. their choice. >> and charlie sort of vitriolic language. >> people of russia better off not having facebook there? probably not because they can -- >> who cares? >> they can get away with a lot in terms of expressing themselves. >> so putin is -- >> charlie's vitriolic language he make as good point. google faced this decision and the google said, in china, and they said, okay. we're not going to be in china, period, end of subject. they gave up a lot of business opportunity there, and that was their choice. i mean, i just find it, charlie, difficult to judge these companies. this is a tough decision. >> difficult judging -- >> why is it difficult to judge people that come out and are preaching?

constantly preaching, left wing -- listen, they're constantly preaching left -- >> i understand your point to the masses and go and give aid and comfort to not just any dictator, some sleazeball lie vladimir putin. >> it's overstating. >> think about t. giving aid and comfort. >> they're doing business with the creep. >> here's the thing. bring you back. what about the notion that they just would have kept this thing going? in other words how about occasionally calling someone's bluff? keep it going. let vladimir putin shut them down. let him be the one who wants to force the issue, let the russian people demand to have it back caving is so bad in this case. >> it's obvious facebook is choosing money over doing the right thing. they are siding with putin over the russian people that want to protest the bad things that are going on. this is quite the -- >> you can't put pornography on facebook. there's no porn anywhere. no. >> we don't -- >> we don't put pornography on

fox news does that -- is that censorship? >> to your point -- >> we keep talking about russia's laws and their rules of laws. ever seen their laws? they suck and they're all against the people and facebook should open up and do something about t. i'm take your word for it, gary. thanks a lot, my thanks to dagen and charlie. >> who's the bad guy? putin. not facebook. up next to the new christmas sweater. probably will return that. picks from the pros definitely keepers. >> refund? are you crazy? >> refund? refund? refund! >> easy, easy. >> refund. refund?

the holiday gifts worth keeping. gary k? >> look 3m just one of the great companies out there. consistency and continues to roll on with their numbers. i continue to own it. >> i say those blue chips phenomenal. adam what do you like? >> xle, an energy sector ef ftf. a keeper and on sale because energy prices are down on. >> love it. spot on. market 20shgs 1515, gary, how's it looking. >> europe printing money, energy staying down higher prices for the market. >> i'll take it.

guys fantastic. thanks a lot and don't forget to catch me on the fox business network every night at 6:00 p.m. eastern time. now the cause for freedom continues with d on the place to be. i'll give you one guess. fox. keep it right here. before he murdered two new york city cop, the assassin warned he would do it on stain graham but nobody knew until it was too late. well, now some critics say social media companies have a duty to police their user contents so it doesn't happen again. do they or don't they? hi, everybody. i'm david asman. welcome to "forbes on fox." go in focus to find out with steve force, rich karlgaard, sabrina schaffer along with cary sheffield and john tamny. >> what do you think about this? >> a horrible, horrible crime on the week of christmas. i don't think there's anyone who wants to diminish this, but i don't think going after companies like