tomorrow night and then we will all watch this together. >> bill: the o'reilly factor is on. tonight: >> mr. o'reilly, i would love that have that conversation about protecting yourself behind white picket fences. you were surprised that black people don't throw bananas at each other or swing for trees. >> the grievance industry guess more desperate as nancy pelosi takes up their cause in the house. we will report on this very troubling situation ♪ >> bill: lawsuit against "american idol" by 10 black contestants charging racism. they each want $25 million. is it legal will analyze that also a surprise in the bradley manning verdict. >> i screwed up big time. but i think the only thing i ask from this group today

and the american people is to judge me from this day forward. >> bill: that was baseball star alex rodriguez back in 2009. now he is he in trouble again for allegedly using banned substances and $100 million is at stake. we will have the inside story. caution, you are about to enter the no spin zone, the factor begins right now. >> bill: hi, i'm bill o'reilly. thanks for watching us tonight. nancy pelosi going to the aid of the grievance industry. that is the subject of this evening's talking points memo. today, the house democratic steering and policy committee headed by mrs. pelosi held hearings entitled a conversation on race and justice in america. the problem there wasn't much diversity in that hearing. in fact, the three panelist, morris eugene

robinson and mya are very far left people who believe america is essentially an unjust country. so the hearing was a farce. a waste of taxpayer money and a way to stick it to the u.s.a. again. the problem with this kind of propaganda is that many people believe it especially overseas where they don't understand what the race hustle is all about. a congressional hearing carries some weight. and folks not familiar with the players can take away a wrong impression. that's why the fallout from the zimmerman verdict is so damaging. the world is forming an impression of america by listening to stuff like this: >> i think this is for many americans, george, just another piece of evident of the incontrovertible contempt that this nation often shows and displays for black men. >> they are already suspicious of you because you are walking while black which apparent solid a crime in this country. >> i think it's possible for the police, they have got a black zimmerman, the

question would be whether they would have beat him to death and then threw handcuffs on him and dragged him into the precinct. >> i didn't sleep for two days. you i was really angry about it that, you know, the thing that we all knew it was still a bit of racism in america but like, you know, for it to be so blatant. >> bill: that's right, jay-z, america is blatantly racist. that's why you are a multimillionaire. hobnobbing with president obama because we are a racist society. good grief! talking points is fed up with this kind of rhetoric. i believe the u.s.a. is basic lay noble nation. we have our flaws but there is no doubt that americans are the most humane people on earth. just look at what we give to other nations around the world, haiti included. and our social system gives the most amount of people the best chance to pursue happiness. otherwise, why would millions of folks be trying

to sneak in here? most of them minorities. it is long past time for honest people to call out the racial charlottetons and to take exception to false statements. yesterday, cnn anchor don lemon who believes that african-americans should be proactive in solving their chastisedas chas by sherry shepard on "the view." >> a lot of people took umbrage. >> because of bill o'reilly. >> because of bill o'reilly. i don't want to give bill o'reilly a license to say anything. he has never been a young black men growing up in a situation that a lot of them grow up in. >> bill: if misshepard is honest, if she is honest, then she would have to keep quiet during 75% of the topics on the view because she is not a white woman and can't possibly know that experience. how foolish is this? and it gets worse. listen to georgetown

professor michael eric dyson. >> mr. o'reilly, i would love to have that conversation about protecting yourself behind white picket fences and fox news and having digital courage. come in the streets where you went to sylvia and you were surprised that black people don't throw bananas at each other or swing from trees. >> bill: again, dyson teaches young americans at georgetown university. yesterday's -- today's, i should say, today's congressional hearing was a circus. nancy pelosi the ring master. didn't mean anything, but it did prop up the race hustlers. and that's a shame. and that's the memo. now, for the top story tonight, let's bring in fox news channel's chief congressional correspondent mike emanuel who covered the hearing today on capitol hill. what was the headline for you? >> bill, the headline for me was house democrats african-american community we hear your concerns and we agree with you. i was struck by being in the room by the lack of texas in the room if you

will because obviously these are difficult issues that we were talking about. everybody in the room essentially had the same perspective. had you a house democratic who is who. members of the congressional black caucus and three panelists all ideologically the same as the members of congress they were talking to and so, had you kind of an echo chamber effect and before the house goes out for five weeks of recess back home, they are able to go home to their constituents and say we took up the matter, we held a hearing, we understand, we're on the case, bill. >> bill: all right. but whats watt echo? what is was the theme? what was the point they were trying to get across? >> i was struck by the idea that a number of people in there said that racism in this country is getting worse and after the first african-american president had been inaugurated for his second term, i think a lot of americans would like to believe we are further along than that. yet, more from the southern poverty law center saying the key to this is to elect

a democratic house, a democratic senate and a democratic president and that's the solution to this long-term. and so there you can see politics at the root of this whole thing, bill. >> bill: okay. did anybody in the panel or any of the congress people attending put forth a solution or any kind of plan to combat the violence in chicago? anybody put forth a plan? >> no. essentially what i heard was them saying, you know, we need to go after florida's law that came up in the zimmerman case. >> bill: no chicago? no plan to combat the terrible violence in the black communities in chicago. did anybody put forth a plan to combat the black dropout rate in washington, d.c.? was there any discussion about that? any plan about that? >> no. not at all. and talked about, you know, discrimination in the classroom and that sort of thing. >> bill: but no plan to do anything about it. >> no plan, no. >> bill: what about the 73%

out-of-wedlock birth rate among americans, was there any discussion of that or any kind of strategy that might reign that back in? any of that? >> no discussion, no solution, bill. >> bill: okay. how about the fact that african-american unemployment rate is double the white rate and for youth 16 to 19 it's at 57%? did the democrats have any solution to that? put forth any jobs program or anything like that? >> no. there was no meaningful solution given. essentially it was just a lot of back and for the about we have got this big problem in the country and i agree with you and you agree with me. isn't that great? >> bill: in this hearing and how long did the hearing last, michael all toll? how long? >> several hours. close to two hours. >> bill: almost all day that the hearing was going on? no republicans at the hearing at all, right? no republicans? >> no. in that sense i would say it really wasn't a congressional hearing.

typically in these hearings with tough issues you have two different parties. have you witnesses of different viewpoints who battle it out and you can count on tension from that in this case it really was a lot of love fest if you will. >> bill: nancy pelosi who presided over the hearing her demeanor, was she concerned? what is mrs. pelosi worried, about mostly? >> she appeared concerned, you know, she appeared to want to show the african-american community the congressional black caucus she concerned about their concerns following the zimmerman trial. >> bill: she is concerned about their concerns but she doesn't really have any solutions to it or anything. there wasn't anything put forth by her? >> no. essentially it seemed like they just wanted to say we get it, we understand how you feel. >> bill: right, we're concerned. >> yeah. >> bill: everybody is concerned. all right, mike. we paid for that hearing and we appreciate it very much, mike. >> thank you. >> bill: taxpayer money there you go. they are concerned. next on the rundown,

crowley and colmes will react to the hearing today. later, big lawsuit against "american idol." also report on a surprising turn in the bradley manning verdict. is it legal upcoming.

>> bill: house hearing chaired by nancy pelosi. with us alan colmes and monica crowley. i'm sure you are both concerned about the race relations. >> yes. >> bill: we are all concerned. we would have been qualified to go to the hearing and be concerned with everybody else who was concerned. this is just one big joke, is it not, this congressional hearing. >> i actually think it's more serious than a joke. i think what you saw today was the most destructive kind of political theater. you had every single witness was on the far left as you noted. you didn't see allen west, thomas solve, tim scott, clarence thomas up there

talking about race in america and how they have transcended all of the things that you have talked, about unemployment in the black community, drugs, gangs, out-of-wedlock births, how they all came from nothing to achieve. despite the so-called black. >> and barack obama the best example. >> you didn't see although barack obama is one of these political opportunists who going right down the road with the race hustlers. >> come on. >> bill: look, barack obama is the best example for the world of what our system really is, how a boy with no father a hippy mom who traipses him around indonesia as a kid, raised by grandparents in hawaii. can rise up to become the president of the united states. this is the nation that is being now pummeled, colmes by these demagogueic.

>> wire not being pummeled. >> bill: don't say the word you know what's happening here. this is a legitimate issue all sides need to weigh in on. which is why they should have all h. all sides at that hearing today. that certainly is true. >> bill: the reason they didn't have it is because they are not interested in solving the problem. they are interested in keeping african-americans in a little box so be dependent on the system and vote democratic. that's what it is all about. >> that is the most cynical view though. >> bill: that the most realistic view. >> you don't think democrats like barack obama or nancy pelosi generally want to help people who are not empowered. >> bill: that's an excellent question and i'm going to answer it and i am sorry to take up most of your air time and i am going to answer that question because it is an excellent question. the guy who was really concerned about african-americans was bobby kennedy. he was the guy and he was a democrat as attorney general who really did something, all right? and he went in with the federal government and he cleaned out the rats nest

that was abusing african-americans in the south. since that time, there have been very few democratic elected politicians do anything to advance the cause of equality in america. voting block depending on the system. therefore they don't tackle education. they don't tackle crime. they don't tackle social chaos. and everybody knows it. >> cynical view of the democratic party. >> it's the truth. republicans republicans have done bum bump cuss. >> they are busy trying to overturn healthcare for the 30th time. >> bill: they don't believe they will win the african-american vote any way they withdraw from the field. >> 2008 running on father's day that year, he gave an extraordinary speech

directed to mostly black men but also to the wider black community about staying with your family, about personal responsibility, about education, don't do drugs. it was a phenomenal speech. we haven't heard a peep from him on these issues in the last five years. >> bill: he hasn't led on the issue, colmes. >> wait a minute, he has had an extraordinary opportunity as the first black president. >> bill: he hasn't led on the issue. he doesn't want to be seen as a black president. >> that's not true. if i can. >> bill: let colmes. >> breaking the lock of dependency and keeping the black community down. >> he gave a extraordinary speech two fridays ago talking about what it was like being a black man in america. >> totally pandering. >> for the first time personalizing based on his first experiences which only he could have given that speech. that was an extraordinary speech concerning race. >> bill: let's get off the president for a moment. what do you think when you hear a jay-z say what he just said to the world about we're blatantly racist in this country when

this guy pedals garbage to youth both black and white, makes millions of dollars doing it, is invited to the white house, and he is pedaling this piece of garbage? >> he doesn't speak for all black people. >> bill: what do you think about that? >> i'm not a big -- i don't know what he pedals because i'm not a big consumer of what he pedals. but the fact is, he is one guy. he doesn't represent the black community. >> bill: i'm not even going to let you weigh in on him. >> i actually liked his music but i'm with you on the messaging. there has to be some broader responsibility here. >> bill: all right. thank you both. >> you are welcome. >> bill: by the way, if you want to know what i have said in the past, in the past about race in america and why i feel so strongly about the issue, check out my book "keep it pithy, chapter 3, it's all there. directly ahead, charles krauthammer on rand paul and the republican party. will there will be a civil war? then the new york yankees alex rodriguez about 100 million bucks. a rod is in big trouble

again. we'll have the inside story moments away.

>> bill: impact segment tonight. as i reported last night there is a split in the republican party. one side rand paul who object to the nsa snooping and american intrusion overseas. on the other side people like chris christie and congressman peter king who believe national security in bringing the fight to the enemy is the most important. at least king believes in bringing the fight to the enemy. we don't know about christie on foreign affairs yet. joining us from washington charles krauthammer. do you believe there is going to be a civil war within the republican party? >> it's not exactly a game of croquet. more like a game of war in

the picnic. one drag in the mud and clean themselves up and drink wine and have a joely time. there is nothing new here. we have had a debate between the internationalists and isolationists among conservatives for about a century. it wasn't until pearl harbor that conservatives were internationalists they were isolationists. after the second world war it took a while before they signed on to the cold war and that's what was the glue that held the coalition on the right together. anti-communism. you would have expected the break-up to happen in the 90's. but, actually, it was delayed because of 9/11. there was a new enemy. the troops were rallied. the real split is beginning to happen now as the memory of 9/11 fades. and as the eminence of the threat is felt to be far less. so this was to be expected. it was only a matter of

time. and i don't think it's as radical a division as people are making it out to be. >> bill: very personal though. i don't know if they are going to be able to override this. we had karl rove on last night. he laid out a case that the republican party would be pretty much committing political suicide if it defend dee funded or attempted to defund part of obama care. and rogue put forth that, number one, most of the money has already been allotted. nothing really big is going to happen. number two the media would then brand the republican party if it did manage to shut down the government the army and the navy and the marines and everybody wouldn't get their paychecks. the media would go in immediately into the casual american who doesn't follow this stuff which is most of us, unfortunately. once again the republicans would be looked at as loons. on the other side talk radio is basically saying look, if you don't try to defund obama care. if you don't buy into big thing in september to shut down a government, then you are not a real conservative. you are not really with us.

so, it becomes very personal in that regard. >> you have got to make a distinction between two sets of issues. the one on principle with the idea of intervention, the national security state, what the nsa ought to be allowed to do and what not to do, how to use the drones. that is a significant issue. that's a matter of principle. there are divisions. i do think it's exaggerated because it's much more a matter of degree. it isn't a matter of black or white. the other issue, the one you are talking about now, i think is a ginned up issue for this reason. it's not about tactics. it's not about what you think about obama care. the tactics that these brave people are telling us we is a to do is jump off a cliff so we can show our manhood. unless you believe that you are ready to shut down the government. unless you are ready to deliver on the threat, you don't go near there: we know that every time

republicans in opposition have threatened to shut down the government, they have had to blink because it turned against them. if i thought it would work, i would support it. there is not one chance in a hundred that the threat of shutting down the government is going to succeed. >> bill: you and rove agree. that isn't stopping the far right or whatever you want to label the talk radio guys and some cable guys. that isn't stopping them. all right. they say this is it. if you don't -- if you are not with us on, this you are against us. you are a rhino, a republican in name only. you are this or that. that gets to be very personal. i will give you the last word on it? >> the slings and arrows are the business. if you are not used to that, you should be doing something else. i don't think that's the real issue. the real issue here is whether you are playing the short game or the long game. the short game where you control one house of congress, you have no chance of repealing obama

care, zero, because the other side sees it as the signature issue of the president. and the senate. you play the long game, you don't risk your popularity which i think is increasing for the g.o.p. people are very dissolutioned with what the democrats have done in the last five years. you play for the elections in '14 and '16. you build a constituency. you don't show that you are completely irresponsible and shut down the government, knowing that you you will in the end have to cave. >> bill: all right, charles, thanks as always. we appreciate it we have a brand new bill o'reilly.com poll question for you. we are asking: who do you foresee as emerging to lead the republican party? rand paul? chris christie? marco rubio? someone else? please select one. bill o'reilly.com. plenty more as the factor moves along this evening. surprising verdict in the bradley manning case. alex rodriguez in major trouble. it could cost him a fortune. "american idol" being sued

by some black contestants. we hope you stay tuned to those reports.

>> bill: personal story segment tonight, one of the highest paid athletes in the world is third waysman alex rodriguez. back in 2007 he signed a whopping $275 million contract with the yankees. in 2009, two years later he admitted to using steroids. >> in the year

2001-2002-2003, i experimented with a banned substance that eventually triggered a positive test. i screwed up big time, i think the only thing i ask from this group today and the american people is to judge me from this day forward. that's all i can ask for. >> bill: well now major league baseball is apparently alleging that rodriguez used other banned substances and if the league moves against him it could cost a rod 100 million bucks. joining us now from charlotte, north carolina fox news analyst jim gray. what is the basic allegation against rodriguez this time around? >> that he engaged in using performance-enhancing drugs through biogen sis out of miami in the years 2010, '11, '12, possibly further back. the program that he admitted to in the tape that you just ran there, bill. there was not a testing program in place by major league baseball in 2004, and he admitted up until 2003. so that is why there was no

suspension. it was supposed to be confidential but it got out based on the balco investigation and then he admitted it. >> bill: so now let's just concentrate on now. is this human growth hormone? is that what we are talking about here? >> it could be or it could be other things that he has used that are masked. and they are always a step ahead of the procedure with the mask. >> bill: some kind of substance that this clinic in miami was giving to not only him but ryan braun of the brewers, he has been suspended. giving it to enhance their performance that major league baseball says is illegal, you can't take this kind of stuff; is that correct? >> correct. and there is at least 18 others that will probably be suspended or at least are being investigated now. >> bill: this is a crew down in miami working with this clinic getting this stuff. why hasn't major league baseball moved against rodriguez? it's taking them a long time to basically say you did it this is the founder of the clinic right there. it's taking them a long time to say rodriguez did it and this is what is

going to happen to them. why? >> because they just recently concluded the deal with that anthony bosche who you just showed, he was the president, owner of this clinic. he has a lot of baggage to him in terms of what is going on in his life. and what he may be convicted of and all of the allegations against him. >> bill: has he been arrested, this bausch? has he been arrested by the authorities? >> is he in tremendous trouble. just exactly where it all stands -- >> bill: he hasn't been arrested yet. you have say he has cut a deal with major league baseball which seems to imply that he told major league baseball hey, rodriguez, i gave rodriguez all this stuff. and he used it and whatever. that's what the implication is, correct? >> that's correct. and the implication was so great and the evidence so great against ryan braun that he didn't even want to appeal the suspension. he just said he heard the evidence against him and he said i will take it i'm going to put this behind me and they had him nailed so he knew he wasn't going to fight. the interesting thing in all of, this bill, is the players union is now going along with much of this. they have come out and said mike wall weiner, the

executive director, that they will not attempt to try in any way, shape, or form inhibit or defend people who they know are guilty. that's a big change in stance by the union. >> bill: the difference between rodriguez and braun is braun is much younger and can come back to play. >> um-huh. >> bill: rodriguez if they slap the rest of this season and next season suspension on him, he is pretty much through. he will be close to 40 years old when he gets back on the field. so rodriguez has got to -- if he is suspended he doesn't get paid. and the yankees owe him 100 million. so, it's worth rodriguez fighting this, appealing it, whatever to keep on getting paid because he is going to get paid unless they suspend him and he is just not going to go for the suspension. >> well, according to the people i have spoken to who are close to this investigation and major league baseball officials, they are trying to cut a deal where they would suspend him now for the rest of the season. suspend him all of next season and then he would be allowed to come back. >> he is almost done then.

is he almost 40 then. >> he would select $61 million. lose it all. insurance issue because of the hip surgeries he has had. try to go after the insurance company and physically unable to perform and actually the hip that put him out of business and not steroids. >> bill: you expect what to happen, jim? 30 seconds, what do you expect to happen? >> i expect that major league baseball will go after and alex rodriguez will accept the terms and conditions they are offering him or they will put under the best interest of baseball special powers in the position the commissioner has suspend and ban him indefinitely unless he accepts his deal. >> bill: it will be pete rose if he doesn't take the deal. >> correct. >> bill: busy rundown for is it legal. bradley manning verdict. lawsuit against "american idol." federal fraud charge against a reality show star. there she is in the middle. legal is next.

>> bill: thanks for staying with with us, i'm bill o'reilly in the is it legal segment tonight. we have a lot to talk about. we begin with the bradley manning verdict. aiding the enemy, hundreds of thousands of classified documents serving in iraq with the army. today, the military judge in charge of the case colonel denise lind acquitted manning of aiding the enemy but convicted him of espionage and other crimes. here now to explain, attorneys and fox news analyst lis wiehl and

kimberly guilfoyle. wiehl, in 45 seconds? >> 45 seconds or less. >> bill: what did the judge say? >> the judge acquitted him on the greater charge. >> bill: why? >> aiding and abetting, the prosecution could not show that he intentionally and knowingly gave this information over to wikileaks so that people, americans, would be killed or harmed. they couldn't show that intent in his head and the knowledge that people would be harmed from it. but she did convict him of the lesser crime, the espionage crime because the government did show that he was a government official, a private, that he had classified information and he gave that over to wikileaks. that's espionage. so he is still looking at 128 years on this. >> bill: tomorrow, the sentence begins, guilfoyle. >> yeah, sure. >> bill: what do you think he is going to get? >> look, he can face up to 128 years. that sentence, even if it's handed down, could be reduced by reviewing court. i think i he is looking at substantial time. he will get at least a minimum of 35 years or upwards. i think deserves it. a strong message needs to

be sent that this kind of behavior, criminal conduct against the united states will meet with a heavy hand of justice. >> i agree. >> bill: heavy hand of justice. >> i agree. 35 or more. he really is looking at life, still. >> bill: that's hard labor. >> right. >> bill: this isn't cable tv prison where they sit around all day. >> no, it's not. >> bill: "american idol," 10 african-american contestants who were booted off the show -- >> -- sure, um-huh. >> bill: okay. are now banding together and they want $25 million each for what, guilfoyle? >> they have alleged various causes of action. employment discrimination, interference with the making of prize contract, fraud, deprivation of constitutional rights. this lawsuit will fail. they will not collect $25 million. there is simply no evidence that there was some kind of overt racial discrimination. >> bill: why were they booted off the show? >> because they had criminal charges pending that they were not honest about and forth right. >> bill: all of them? >> drunk driving.

endangering a child. >> bill: just answer my questions. all of them did? >> but but one. >> bill: so nine out of the ten. >> had some charge. >> bill: i understand no convictions on any of those charges? >> no, but, still, when you are running a contest like, this the people that are running the contest are able to make the rules. they don't want people in this contest that americans are going to be voting for -- >> bill: "american idol," that is a fox program, even if you are not convicted, if you are arrested or anything else, they have a right to -- >> -- exactly. answer it honestly. >> bill: they ask all the contestants have you been arrested. >> then you say no i haven't next thing you know. >> bill: all of them mislead. >> one was arrested drunk driving while a contestant on "american idol." >> bill: i will repeat my foolish question all of them denied. >> did not answer it all came out. >> bill: you are both convinced that all of these people did not answer the questionnaire honestly. >> right. >> bill: that will be the basis for this lawsuit being -- >> you couldn't let somebody go employment

contract you couldn't do that. >> bill: sure. if you are a bus and you say -- again, i want to be on the record, you both say that all of the people that are suing mislead the "american idol" people. >> in way or the other they mislead. >> bill: okay. that's it. that's it. that's all. all right. if that's the case, then it will be thrown out. >> right. >> bill: all right. real housewives of new jersey. i have never -- i used to live in new jersey. i knew a lot of real housewives i don't have to watch this stuff. >> i heard you dvr it though. >> bill: i don't dvr it. i don't want anything to do with it. this woman theresa and her husband who is not even an american citizen are charged with a massive fraud. what did they allegedly do? >> they -- allegedly they lied to the irs. they didn't file taxes. they lied to the bankruptcy court, minimizing what their claims were. and they lied to financial -- >> bill: you are not explaining it clearly. let me ask the question and you answer the question. you are not explaining it

clearly. okay. the irs. >> yes. >> bill: they file a tax return? >> they did not file tax returns. that's the problem. >> bill: how many years didn't they file. >> 2004 to 2008. >> bill: six years no tax return that will get new jail. >> that will get new jail. >> bill: then i understand, guilfoyle, they filed for bankruptcy and the government says what? >> the government says you have lied about your assets, the holdings, the amount of income you make. >> bill: they had money. >> they weren't declaring. for example in one year he made $964,000 close to a million dollars a year during the time that they are evading, filing taxes. they also lied on applications it's alleged for port gages to be able to get loans. this is a big problem. 39 count indictment. >> bill: i want to stop you now. so the federal indictment says failure to pay income tax. you can go to jail on that. >> mail and wire fraud. >> bill: and you filed for bankruptcy but you had money. >> right. >> bill: you tried to hide. >> right.

>> bill: i'm just assuming if it's true they are toast. they will be with bradley manning somewhere. >> go back to italy and be deported. >> bill: take a deep breath. we have more with the ladies in a moment because we have some free speech court decisions they have come down including the big soda ban here in new york city. a student in michigan who wrote an essay about his sexy teacher. the factor will be right back.

>> bill: back of the book segment tonight, we continue with is it legal, one of the most controversial things new york city mayor mike bloomberg has ever done is soban the sale of large he sodas saying they are a health risk.

today the court rendered a decision on that. what was the decision, guilfoyle. >> 4-o. bloomy loses. man news decision in new york today upholding the ban, the striking down of the ban of the ban of the sugary drinks. big gulps are now safe in new york city. it violates the separation of powers. he's exceeding his authority by trying to be the czar of new york and deciding what people can consume. >> the mayor cannot tell citizens what to drink and how much of it, particularly when it's not alcohol. >> that's correct. the way this law was written, the small deli's would have been hurt. >> happy days for everyone, you can get the big gulp. in michigan, a small college

north of detroit. 57-year-old guy is taking a class, right? he's asked to write an essay, and he writes an essay that gets him thrown out of the school. what was the essay? >> he was in a creative writing class. he had to write in his journal every day. he wrote about his teacher. this is a family show, so ien cat say everything he said. >> was the essay obscene? >> yes, it was very obscene. >> he mentioned the teacher in ways that were offensive? the teacher gets the essay, hands it over to school authorities and they kick him out? and he sues the school. >> and he loses. >> and he loses because he's alone, is that it? >> because he's a lusty loan, the school doesn't like it, you don't have first amendment and 14th amendment rights to be able to write lewd and lascivious

things. finally, the borgata hotel in atlantaic city, they have a bunch of waitresses that are hired for their looks. if you gain more than seven pounds you're out on your butt, correct? >> on yurts butt, yes. >> you're out. some of the waitresses sued on that, what happened? >> it got thrown out. the court said, look, you basically signed this contract, and if you violate the contract, that's it. the judge threw it out. i don't think the judge should have thrown this case out. that's weightism, race zblichl a judge can void a contract saying -- >> a judge can void a contract, but should a judge do that? >> not on weightism. i didn't learn that in law school. >> i think the judge made the right call. if i agree to work for someone. i say, hey, listen, i'm going to work at hooters, they tell me, i'm going to maintain a certain

weight. and then i complain or eat too many wings, i'm out of a job. >> you believe the judge made the right decision to toss this lawsuit? >> yes. >> what if they're hired to look a certain way? >> they can still carry the food, can't they? >> do youen watt roseanne barr serving you? >> if they sign a contract, and these are the rules of the contract? >> the rules are reasonable within the bounds of the law. >> just so the hotel -- >> the borgata babes need to get work at the library. >> i have a massive headache, but we got through it. back to tip of the day, about texting, the tip you can two minutes away.

discuss tip of the day, how to handle texting, in a moment. but first, bill o'reilly summer sale has been a huge success. everything marked down big time. smart folks are stocking up on gifts they will give this summer and fall. premium members get 25% off the sale prices which is already insane. all the money i get goes to charity. to the mail, your newly found nobility on race strikes

me as phony. why are you suddenly tired of the mishaps in the african-american community. we've been reporting on race for 17 years, go back to the internet and have a blast about aberdeen, south dakota. your stand on the race issue reminds me of edward r. murrow taking on senator mccarthy. i love the way you have turned what white america has created within the black community to an indictment. 90% of black problems have been caused by white american. god bless you, keep exposing the race hustlers and progressives who enable them. john hurley, virginia beach, i have gone through the files and believe the world is better off with access to them. does that make me a left wing

zealot? no, it doesn't, but you know have something in common with osama bin laden. he went through the files as well. mario bassaro many clear and simple, manning is a traitor. jeff minneapolis. regarding your tip, that's on weiner's wife, bill. for the child's sake, she should move on. it's not your call, jeff. period. one sobering attempt today. put an end to the bullying of anthony weiner's wife. i ordered kennedy's last days for my grandson and read it before giving it to him. i was mesmerized by the book. if books like this were available in school, children would learn history again. you're a good grandmother. second many teachers are assigning kennedy's last days and lincoln's last days to the classes. we continue to urge all parents

and grandparents to get the books to the kids. and finally tonight, the factor tip of the day. texting and respect. as you know, many of us are now addicted to machines. we spend hours on them. playing games, chatting with others in cyberspace. killing time. texting is huge among young americans. but many of them don't understand that how you handle the text can define you. here's the tip of the day. always return texts from people in your life. if you get a text from a stranger, somebody you don't want to deal with, you can ignore. everyone should understand that ignoring a text is disrespectful. just like it's an insult to keep someone waiting. if you want to be a person with class, acknowledge all texts and be polite. you don't have to write a novel and if you're busy, you can say so. show respect and you will be

respected. that's your tip of the day. pass it along to the you are chants, please. please check out the fox news website which is different from billo'reilly.com. o'reilly@foxnews.com. name and town, name and town if you wish to opine. word of the day, do not be a skellum. i've used that word before, i love it. do not be a skellum, writing to the factor. i am bill o'reilly, please remember, the spin stops here, we are definitely looking out for you. >> good morning. it is july 31st. an explosive new report exposes gross misconduct by ta agents sleeping and stealing while on the job and they are putting your safety at risk.

the president announces his latest plan to jump start the economy. >> how about a grand bargain for middle class. >> republicans are saying no deal at all. >> it is d-day for mlb. several players about to be suspended the biggest bombshell reports that a rod could be banned for life. fox and friends first starts right now. ♪ >> you are watching fox and friends first wednesday morning i am ainsley earhardt. >> i am heather nauert. thank you for starting your day with us. there's a brand new report that shows a drastic surge in the number of tsa agents who are not doing their jobs.

listen to this. they are even breaking the law. a gao report shows there's a 26 percent increase in the number of agents who are accused of wrong doing between 2010 and 2012. that number rising between 2700 to more than 3400. 20 percent of the cases involve, listen to this. workers falling asleep or failing to follow protocol. a third of the tsa screeners showing up late or not showing up at all. others report stealing. half of all agents accused of wrong doing received minor punishment like a reprimand letter. they will have two hearings today for misconduct. >> major league baseball expected to announce suspensions steming from the bio genesis probe last week. they plan on suspending alex rodriguez and 8 other players who allegedly obtained ped from the anti-aging clinic in