>> give yourselves a big hand. you've been great. don't forget, start each weekday morning with fox and friends 5:00 to 9:00. thanks for joining us.

>> and the factor's now world famous mad at hell segment. caution you're about to enterert no spin zone the factor begins right now. hi, i'm bill o'reilly. freedom of speech around christmas time is the subject of the talking points memo we reported last night, espn refused to run an ad in st. louis. espn would not provide a spokesman and will not define why they rejected this advertisement. >> reach christmas, thousands send messages of hope to sick, and injured children. we sell brit the birth of jesus

season of giving bringing hope to children, parents, family wez serve beneath our tree of hope. >> send your message of hope. >> now, espn has a legal right to reject the ad. it's their candy store. they can do what they want. it's a foolish decision millions of viewers think the way i do. what is the beef? the birth of jesus offends you? have you not heard of the federal holiday? doesn't make business sense, either. 80% of the country is christian. who are you pandering to, espn? in st. louis, the childrens medical service folded and submitted another commercial without religious reference so

espn gets their money. don't you people realize your najz been demeaned? do you not get that? apparently they don't. gutless says it all. there are other network that's would accept the original ad it only offends maniacs. if an ad for a catholic childrens hospital offends you because it mentions birth of jesus around christmas time and quote, god's healing presence, then you're a loon. write it down. you are a loon. epsn is simply dumb. i cannot understand why they made the decision. it's insulting to christians, it's bad business. it's just stupid. especially when you consider family friendly walt disney company owns espn. now, joining us from

miami advertising executive and here in new york studio, a marketing consultant. you're siding with espn. >> it is their station but they're not pandering. 80% of the country might be pandering. espn serves sports fans and produces sports shows people don't expect to see religion. espn chose to put those standard practices into place. >> so why won't they tell us if the ad comes under practices >> they don't have to. they're just like fox doesn't. >> you're a marketing guy. all right? this is stupid marketing is it not? >> we're going to make it a couple day story and will be forgotten about. >> no. it won't. >> it's on dredge. it's written b >> the people watch espn don't

care, they're sports fans. >> most people are not going to watch espn >> it would have offended -- >> is there anything to say about goodwill towards an operation? >> they're not letting me ad run. >> i say peter is right. they care about eye balls and customers. >> this is --wait a minute, wait a minute this, is going to help draw more eye balls in? >> no. going to keep people who would object from tuning out. maybe they're afraid if you like a religious commercial you'll go to church and miss watching. >> it risks i'llin yating 80% of the eye balls

>> you're wrong. they may not not watch i'm not going to say they'll boycott but there will be ill will by people who are christian. because there is no reason on earth, they won't provide standard practices which says they don't have a boycott. some idiot made the decision. >> there would be another point about the chairitable request. it's possible. >> jesus in god's presence? no. you're wrong again. two for two. they took jesus out and took god and ran the ad. >> way. wait a minute. maybe doesn't exist on this program. we ask them for a spokesperson. they said nochlt why? because they're afraid we asked them for standards of practices let's see what your regulations are. okay?

they will provide they're afrachld they know they're wrong. disney is a parent company and all over christmas all right? hypocrisy here? different market. >> and you're telling me this sports market doesn't want to heart word jesus? >> it's not appropriate. >> what do you mean it's not appropriate? >> they're not tuning in to hear that. >> hold it. >> is a ban on women? >> a smart advertiser selling thing that's won't necessarily appeal to -- >> this is chairitable solicitation for a hospital that helps children. and there is no reason to change them because they're in context, one in christmas, other catholic hospital. they're imposing their

insanity on them? >> it's an advertisement to help children the hospital could have gone to any other station. >> the hospital, they're cowards. >> my question is why would the hospital choose espn? >> because maybe they think that guys watching sports are generous? all right? >> because guys in stadium say jesus and god a lot when watching games. >> well, you're 0-2 but just ran up a brilliant one. next time a football player says thank you jesus they're going to blip it out, blip jesus out. >> yes. >> i won't count on that, bill. >> no. no. >> if they want to be, if they have standards, they say jesus? >> all right. you guys are both wrong, merry christmas. later pope francis selected as man of the year. what do atheists think about it? we'll find out. later how did

this guy get so close to president obama? the sign language person is a fraud the factor will be right back.

time magazine selected the person of the year, thank god it is not miley cyrus. the pontiff made statements about social issues and is a champion of the poor. here to react, dan barker, an atheist and president of the freedom from religion foundation. what do you think about the choice? >> happy winter solistice, bill i think the current hope is

popular, i think part of the reason is that he's ironically appears to be less catholic than his predecessors most catholics in america, 90% of catholics in america disagree with the vatican on social issues and birth control. looks like the pope is more concerned about the real world, this world than pumping up glory of the church with it's medieval principles of fighting human progress. >> have you got that out of your system? have you got it out? >> not quite. >> well >> you can do that on someone else's dime. let's just go back to time magazine. you don't object to the choice? >> no. i think he is popular. he said things which appear more liberal than the church. and i think that is part of the popularity. >> so americans

>> your group isn't going to denounce time magazine for promoting a religious icon? some atheists will attack and say time magazine is liberal, shouldn't be promoting this because they're promoting pope francis they're promoting his philosophy. maybe that is not fair because time magazine has had people of the year who have not been good. but by giving him exposure, pope francis, more people will read about him and his philosophy of life. i thought maybe you'd object to that. >> well, i'm not saying he's a good man. i sthi he's wind yes dressing. if he still is endorsing archaic principles... >> i'm in the man -- not mad a time magazine. we think time

magazine is within it's rights. >> certainly they're within the rights you can like the choice or not like the choice i'm getting mixed signals do you like or not make the choino difference to us. we zoent picked pope as man of the year >> you're agnostic about the choice? >> the point that i think his popularity is due to the fact he's more liberal. >> maybe that is the deal. sure. he's certainly more inclusive than some of the other church leaders have been. in times square they put up an open knoxesus add who needs christ during christmas this, is not mr. barker's group. it's another atheist group. nobody needs christ in christmas. this is, you know you walk through times square this is what you see. and you react to that how?

>> nobody thinks jesus was born in december. >> i have that in my book. i'm sure you've read killing jesus he was born probably in late april. >> well, shepherds watch their flocks at night the book is on the list down there, somewhere, bill. december is a month we're celebrating the real reason for the season. that is the birth of the sun. s, u, n. shortest day of sunlight, roam yanz celebrated we. we atheists celebrate and we're happy to invite you, bill to, share this season. >> besides having a birthday, i just won't know what to get it. but look. we don't ask you to believe in christmas nobody asking you to do that. but to attack it, is that a nice

thing to do? to celebrate winter solistice? is that nice? >> winter solistice is a natural holiday. >> is it nice to put up the bill board mr. barker? >> we put up our own bill board in times square. just last month that said -- >> i'll put you down as agnostic on naughty or nice question. mr. barker you have a blast for sun's birth day. a head a man in san diego charged with reven revenge porn. a female teacher gets 38 years in prison for having sex with a student. reports right after these messages. blp

a 27-year-old is facing 31 years for revenge porn web site. >> just about other people. and so there is content. shouldn't be held responsible for the content. i wasn't expecting to be in jail. >> here now is fwer raldo riviera. >> he's in trouble but not for revenge porn. if i have a ex-girlfriend i'm mad at. i post her nude pictures she gave me in the most intimate moment she allowed me to take >> when trusting you?

>> almost nothing until recently could happen to me. now, i'm destroying her life, she's gone and gotten marryed and became a senator or wife of some prominent person she can, until recently, do nothing then california, new jersey passed these revenge porn law that's make it a crime for me to post those photos of you with malicious intent to destroy your representation. >> but this guy didn't post them of anyone he knew. he just allowed people to post on his site. >> that is why this is a unique and landmark case until now, web sites have been in the clear. >> right. >> third party web sites because lobbying cloud of google and the rest of them. there is no third party liability. they can get google and facebook if they violate copy right but not posting nude pictures. >> here is what this guy did

that makes it special. he has change my reputation.com web site. if i want it off the web i can go to the change my reputation web site. he'd effort getting that picture off the web. remove it from the web but what he did which is really agreejis is that he started a web site called you got posted. in other words solicited the pictures of the nude people and then, his other web site, the change my reputation web site, removes them. so getting pictures, posting pictures and then, charging to you remove the pictures. >> this guy is a sleaze bag. now, state of california doing a noble thing here. they're now trying to protect the privacy of people who live in that state. and this guy is charged with 31 felony counts. he could go away

a long time. >> he will be in a lot of trouble but again, he's not a revenge porn person. >> you're a lawyer. >> he created the web site. >> we got. that we're not seven years old, you're a lawyer. you're a lawyer. okay? this is going to be a hard case for this guy to defend. he broke this new law all right? they're coming after him the attorney general of the state. >> he's an extortionist. a black mailer. just like anyone else who is, they found out something embarrassing about you. they said if you don't pay me, i'm going release that. that is what he's doing creating a web site to attract these materials. >> we don't have any evidence that he took money, then something off, do we? >> yes. yes. we do. >> that is what his crime is >> he took over $10,000. which makes this a felony he took about $350 per person,

per picture, per web site. >> he said if you pay me i won't post it? or take it down? >> if you pay me this money my web site will have it removed from the other web site, they didn't know is that he owned both web sites. >> i got it. >> so he was generating business. >> i'm thinking ten years? >> no. >> one year? >> well, i know... >> what is justice? if you ruin someone's life as you said, the person who did this was trusting another person. they may have responsibility, children, everything else. ten years is a good -- >> california, new jersey have it. maryland, wisconsin and new york is pending. >> good >> you can't give people naked pictures of yourself. >> everybody knows. that people make mist yakz. especially young people, plenty more ahead this evening including our mad as hell segment. letters including

one that goes after me. and gutfeld on the phony south african sign language guy. how could he get so close to the president?

>> do we have hard data? >> no. we're seeing a trend in this concierge care. it sounds fancy. it is. there are 5500 practices in the united states in this concierge care basically where someone pays a doctor a retainer to be able to access that doctor at any point. it doesn't pay for costs of tests or anything like that. >> that is a coming thing. >> doctors don't know what rates are going to be under obamacare the rates haven't been released just yet. >> i said from the very beginning you saw, obamacare and

and shows a lack of compassion for him z failure to listen to performance on the job. what is the latest? he's still there? >> mayor rob ford is still mayor rob ford but duties are ceremony yil but he had a christmas party at mom's house yesterday. >> mom's house? >> mom picked up the tab? >> i hope there is no crack. >> there was -- >> that was the dad. >> the 44 city council members were inviteed and three showed up. >> to be fair to the mayor, he did do good things in office. >> he's a conservative, that is not an angle covered a lot. >> but did he do any good things? >> well, here is why people voted for him. he won three years ago with 47% margin. in a three way race people liked his antibig government stance. he talked

about doing away with gravy train politicians and people working for city government. >> can i hear he cut spending and that? >> he voted against property tax hikes. >> we wish him well. our third letter from laura bling. i see no reason to oppose their presence he feel certain ardent atheist doesn't refuse holiday wages. >> not all atheists are loons. >> she sounds like a level headed lady. >> she doesn't look down on us. >> in general, but no. she doesn't. i am teasing. >> just, here is the next letter coming from faith foster. says, quote, i get upset with robo calls they're tormenting me.

very important. there is an easy solution. >> it's not so easy. these robo calls which are largely illegal, it's difficult to prevent those. technology allows these companies to place thousands of calls... >> can't you get a block? >> not necessarily. >> saying we don't accept callses unless you put in it's hard to find out y where they're coming from. >> you can block them? >> look, just call your carrier. you can block these calls i'm a lot positive of it. >> final letter, you calling megyn kelly's new show her little show, i'd rather watch her show than the factor. >> thanks for watching tonight. miss megyn kelly just got off the air, ran back to her little program. ready to go. now going

to get in trouble for saying her little program, i understand. it's doing well thanks to a lead in by someone we know. i'm killing time here to get in trouble. >> all right. >> you did not. >> everybody knows that i was just joshing around. >> yes. i heard you say. that it caught may tension i thought you're just being ironic, tho one who has a prime time show here at fox is little. right? >> but you know what? she didn't get the jeft >> she doesn't know what a teddy bear snur >> because she wants to be mad as hell. people go through life wanting to be mad as hell i said it was a joke, it's not enough she wanted to get upset because she's protective of miss megyn. >> she's got fans. >> there is heather, everybody. take one last look f you're mad as hell, we want to know about

it. female teacher sentenced to 38 years in prison for having sex with a 12-year-old student. and then, how could this sign language guy get close to the president? those reports straight ahead.

>> tonight in deli file segment isn't here so, first case we have for you is former florida teacher, a 31-year-old ethel anderson sentenced to 38 years in prison for having sex with a 12-year-old boy, a student. we've seen lean jentss. why 38? >> i called the chief investigator in hillsborough county attorney's office he said to me is that we've got sentencing guidelines and when you talk about whatever her name was, la saver who got no time, never spent a day in jail. it's just office. what he said to me is look. the student in that case, the mother did not want her son to testify and be associated with this case. >> the kid was older? >> the kid was older. so you know what? she benefitted from. that then,

a stephanie ragusa. another teacher with braids and a big grin gets ten years because she took a plea deal. in this case she was convicked guilty as charged, nine counts. >> what did she do? >> what sthe she did was, to her discredit, there are 230 pages of explicit text message was a 12-year-old. she's having oral sex with this boy at her home while tutoring him. >> so 38 years, she's done. >> she's done. >> yes. it's over in the shame of it is that she has a child, who will be 44 when she gets out. here is the point. home school your kids in florida. >> i tuth high school in florida. it's a different situation. >> did you go out with teachers? >> there were teachers in my school that were doing that. >> no?

>> yes. >> i can't pinpoint why. but it did happen. fox news correspondent jana winter, do you remember this? he she had information about the shooter in aurora, colorado the madman who guned down people there. the colorado authorities wanted her to testify about who gave the information. she said nochlt it's anonymous source. what happened? >> what happened is that highest court in new york said no way, colorado. in new york state we have a history from the colonial times there is a privilege. we're not going to allow a new york reporter to be subpoenaed. we're not going to issue the subpoena to go and reveal her case i think it speaks to most important issue. that issue is that she revealed this psychiatrist had received a book and said he's going to kill the

people. >> and psychiatrist had a duty to report it. >> exactly. >> but the journalist has a right to protect confidential sources so we're happy jana won it. she was in new york. it was tried here. they're not going to ex-indict her back to colorado. >> zimmerman, you laugh about this guy, right? >> enough with this guy the d.a.in florida says we're in the going to prosecute this guy. there are charges filed. his girlfriend said he threatened wher a gun because she recanted. what a shock. she recanted? >> you're confusing me. did the girlfriend who called 911 to say zimmerman was assaulting her, >> right? >> did she recant? >> yes. >> she recanted and said what? >> she said he wasn't pointing the gun at me. >> she was, didn't want to testify and get involved with

this? >> right. >> the d.a.doesn't have a choice fwou drop it? . >> i would have prosecuted it. >> would you have done it.. >> i expect them to recant. do you know what i don't like? is that the police intimidated her. that is hogwash she says he's breaking the table, she's threatening me with a gun. he's breaking this now. on the 911 tape. boy have gone witness. >> sh she back with zimmerman? >> she calls him her boyfriend >> still? >> yes. >> i don't know what he's doing with a gun. this woman is a loon. if this woman was go back to him. so therefore you've got -- >> he's the loon >> fine. >> she's a victim. >> fine. fine. >> i think loons of a feather flock together. okay? but i don't know if they can make a case if this girl is back with that guy now, recanting. >> last word? >> real quick. >> i had a case. the woman said

the boyfriend didn't beat her up with a hammer. she came to testify for him we convicted him of attempted murder. >> but you're a genius. >> no. i'm not. >> how did an imposter get within feet of president obama in south africa? the boys are next. hi, i'm terry and i have diabetic nerve pain.

it's hard to describe, because you have a numbness, but yet you have the pain like thousands of needles sticking in your foot. it was progressively getting worse, and at that point i knew i had to do something. once i started taking the lyrica the pain started subsiding. [ male announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes.

common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet. don't drink alcohol while taking lyrica. don't drive or use machinery until you know how lyrica affects you. those who have had a drug or alcohol problem may be more likely to misuse lyrica. ask your doctor about lyrica today. it's specific treatment for diabetic nerve pain.

>> very good, espn. i'm glad, i'm glad we didn't want to do that. i like sports center. okay. come back to me, please thank you. >> we've seen the kid. >> i like sports center. i didn't want to go after them people work there they're good guys but what is right is right. i'm glad you're going to do this >> another notch in the o'reilly belt. >> whatever, it's not about me. >> amazing story in south africa. >> he's a man of flesh and blood a son, a husband a father and a friend. that is why we've learned so much from him. that is why we can learn from him, still the problem is that sign wangage guy is a fraud. he doesn't know sign language. he's just standing feet from president obama. today show ran a report this morning. >> in a series of interviews he

says he is a patient receiving treatment for schizophrenia. >> the interpreter said he had been hospitalized because of schizophrenia. it led him to be violent in the past. >> the south african government to explain this. american secret service is responsible for president obama. you can't depend on the south african government. this guy admits he gets violent was feet away. >> interesting here is the conflict. he's a violent schizophrenic, qualifying him for the un. but you know, you're right. this, we have spent billions of dollars protecting the president. this guy is two feet away from him.

>> amazing and scary story. we spend millions protecting him. but disturbing and we want the secret service whom i like personally, to give us a statement and explain how this could happen. is that fair enough? >> very fair. who is in charge of security was right? is he from the jimmy kimmel show? >> whenever the united states president goes u.s. security is in charge. >> right? >> they take the lead. and here you have a guy who looks like flip wilson, i mean, he doesn't know sign language. and he's within inches of this guy. and he's a violence schizophrenic. this is scary. >> security about as tight as bob beckel's sweat pants on dana perino. i was watching it live. i thought he was doing the dougy. you know?

>> the reverend is a -- >> and a man in oregon another bizarre story. university of oregon some of the players, all right. so this is on campus in eugene. this is where ducks live. oregon ducks the snow ball fight gets out of control. all right? because this guy in the car? he doesn't want to be stopped. he stopped because he doesn't want to run over anybody. they're stopping car asks doing this, now, the cops, police whom you're familiarwith, they may charge some of the guys oochl yes. you snow, i watched the whole videotape. and you know to me this is not the l.a. riots. i mean it's a bunch of kids getting overexcited over a bunch of snow. if i told you it's one of the liberal professors in the car you might change your mind. >> no. i'm equal opportunity

protector. i want everybody to be protected from rowdy kids on campus. gutfeld there is a rumor you were involved in this >> this was a noble protest against the theory of fossil fuel. they said get them but -- >> how could there be global warming in oregon? >> i'm okay with this behavior kw f.adequate response is okay for some reason, if someone surrounds your car, have you every obligation to punch them in the nose but >> these are oregon football players gutfeld okay? >> i'm a ninja. >> there you go. >> we were all teenagers once, come on. >> here are the results of the poll. we asked how much do you spend on gifts this season? gutfeld isn't spending anything. 32% between 100s sxdz $200. 47%

saying they'll spend over $500 on christmas gifts thank you for voting. my newspaper column about what kids want this year for christmas post it now on billoreilly.com. factor tip of the day, new information about killing kennedy. the tip, moments away.

>> factor tip of the day, david smith, bill, i appreciate you're making us aware espn refused to run an ad. i'm going to find it problematic if anyone in my family turns on espn. and ann if there is nothing wrong with the ad why would espn tell

us why they won't accept it? what if the naacp submitted an ad it and was rejected without explanation. now, the point is still there we'd like to know. from not only espn but anyone rejecting these ads, why? what are standards and practices? steve leech, many say thank god after they win. but let a catholic hospital mention god in an ad and espn bans them. >> they were false dhoods designed to injure. >>

>> his network does. and it's $769,000 to irs. >> if you'd like to know the truth about nelson mandela's political leanings check out politi fact.com. >> >> frank you get a free copy of the factor tip of the day book if you spend more than $59.95. becoming a premium number you

get any book free including that one, so you get two free books if you play it right. check out the christmas store. all money i get from bill o'reilly web site.com goes to charity. every cent. >> i appreciate it. and now seen in 109 countries. our reach is enormous. my book being translated into many languages. here is the portuguese version. you can buy that in portugal. in denmark this is what you'll see in bookstores. the netherlands has killing kennedy this way.

germany where jfk was very popular, this is what you'll see. in poland, this one. bulgaria, that one. our pal, rob lowe nominated as best actor by screen actor's guild for playing jfk. and lowe deserves to win. factor tip of the day, excellent. hard to do what he did. that is it for us tonight. please check out fox news factor web site which is different from billoreilly.com. we'd like to you spout off about the factor. plenty to talk about tonight. name and town if you wish to opine. word of the day do not be a coxcomb when writing to the

factor. again, thanks for watching tonight. miss megyn up next. stops here. because we're looking out for you. >> this may be a first. a teenager killed four people in a dui, and then, told the court he's a victim of his parents wealth. >> money