when writing to the factor. mad as hell on thursday. madashell.com. ask dennis if mad. thanks for watching us. miss megan is next. please remember the spin stops here. we're looking out for you. >> i'm megan kelly live in new york. and even tonight -- >> effective immediately i am banning mr. sterling for life. >> now we know the punishment but does it fit the crime? see the new suggestions that america went too far too fast in the prosecution of donald sterling. and then -- >> beautiful. unethical. dangerous. turn every cell phone in gotham to a microphone. >> a new bill would have looking

at your phone for hate speech. who is backing this plan and why. plus -- >> one of the most important responsibilities of the president is to nominate qualified men and women to serve as judges on the federal bench. >> the democrats are reportedly getting nervous about losing the senate in 2014 and now have a plan to pack the courts before that happens. see why this has become the ugliest showdown since the shutdown on "the kelly file" right now. break tonight, nba owner is banned for life after a private conversation goes public and leads to a punishment that is both stunningly swift and dramatically tough. welcome to "the kelly file." i'm megan kelly. the questions tonight are many but the decision was very clear. the announcement coming a short time ago from new nba commissioner adams silver. in a dramatic news conference carried across the country, the nba saying the racist comments that just surfaced from l.a.

clippers owner donald sterling are deeply offensive, harmful and the commissioner is personally distraught. watch. >> effective immediately i am banning mr. sterling for life from any association with the clippers organization or the nba. mr. sterling may not attend any nba games or practices. he may not be present at any clippers facility and he may not participate in any business or player personnel decisions involving the team. >> the commissioner also saying he wants that team sold. we have a report from los angeles. william? >> reporter: megan, in effect, sterling has a title but no team. commissioner adam silver dropping the behavior from behavior considered detrimental to the league. it's the maximum punishment

allowed. he can't attend practices or games. he must pay a $2.5 million fine and sell the team. if he refuses the league will take it from him. >> as for mr. sterling's ownership interest in the clippers, i will urge the board of governors to exercise its authority to force a sale of the team and will do everything in my power to ensure that that happens. >> reporter: now pending three quarter vote of the other 29 team owners the league will take ownership until the clippers are sold to a buyer that it approves. while silver has not polled the other owners he claims to have their full support. >> in this country people are allowed to be morons, allowed to be stupid, allowed to think idiotic thoughts. within an organization like the nba, we try to do what's in the best interest of the league.

>> reporter: now moments before the news conference sterling said he won't sell the team setting up a long lengthy battle. citing a hostile workplace under a civil rights law the players could sue or quit. they turned their warm ups inside out. we don't know what they have plan tonight. there's one empty seat tonight and it belongs to donald sterling and many would argue he has nobody to blame but himself. >> many have weighed in condemning the remarks including mark cuban. he said he supports the commissioner's decision 100%. but last night cuban had a more nuanced position. >> there's no place for racism in the nba, any business i'm associated with and i don't want to be associated with people who have that position. but at the same time, that's a decision i make and it's, i

think you got to be very, very careful when you start making blanket statements about what people say and think as opposed to what they do. it's a very, very slippery slope. >> one of our kelly file producers was at the news conference today and asked the nba spokesperson chairman about that point. >> should someone lose their team for remarks shared in private as this is a slippery slope? >> whether or not these remarks were initially shared in private they are now public and they represent his views. >> joining me now a sports attorney who currently represents a few of the clippers players and a fox contributor and former florida congressmen. steve let me start with that. mark cuban went on last night to talk about how he believes that trying to divest property from someone in any way, shape or form because of something they said in the privacy of their own

home he said that's not the united states of america and i don't want to be a that. have you heard that sentiment from anyone other than mark cuban in response to these remarks? >> i have not, kelly. it's definitely heating up. i'm down in miami. it's heating up in the nba. i can tell you i've not heard anything. but we do have the first amendment. now these actual disclosures in terms of how these audio files were actually brought about looks like there was a little bit of invasion of privacy as well. >> if she taped him without his consents she violated the law because california is a two party consent state that means both parties to a recording need to say okay and if that didn't happen here then she's violated the law. let me ask you colonel west, the question tonight -- no one is defending the remarks. nobody is defending the remarks. the question is whether the deprivation of his property rights in terms of his ownership

rights of a sports team, you know, his financial livelihood and the swift condemnation by every corner basically of taking away his livelihood is a slippery slope as mark cuban suggested. >> yes. you're absolutely right. it is a slippery slope because when you think about the fact that he was convicted and tried in the court of public opinion. but as you just talked about in the court of legal opinion, that evidence would not be admissible because it was a violation of the law in california. so, you do have a sense of a slippery slope where all of a sudden do we have to be very concerned about what we say in private, that it may be taped and, of course, it gets released to tmz, it gets out there and you are tried and convicted. this is a business decision for the national basketball association. right now we're in the middle of the playoffs and the last thing they want is a black eye and a specter of this hanging over

them. >> steve, kareem abdul-jabbar came out and said shouldn't we be equally angered by the fact that this private, intimate conversation was taped and then leaked to the media. the making of this tape was sleazy. listening to it makes me feel like an accomplice to a crime. is this the future of america. a conversation between two people supposedly in a relationship wind up going public and then somebody who makes clearly inappropriate remarks has everything taken away from him? >> megan, i think you're spot on. this potentially becomes the norm. look at this. if this happens to mr. sterling, this potentially could happen to anybody. you never know what potentially

could happen. this could be the opening of a huge pandora's box. >> what do you make of it, colonel west because the nba has come under fire in recent years, there's a book written about nba in 2004 about the number of crimes that players have committed or been accused of or convicted of which is the only relevant standard. to see the players uniformly stand shoulder to shoulder to shout down racism was a powerful thing and a good thing. but, it would be nice if we could see more of that in these sports leagues when we have players abusing their wives, domestic violence, shoving their wives or girlfriends down flights of stairs. the outrage that's been directed against this man for his raceive. comments is commendable but what about all the other horrible acts we've seen committed in professional sports by some, not all, where is the shoulder to shoulder condemnation of those items? >> wellington, it's an interesting aspect of our culture and what we're willing

to accept and what we're going to stand against and not accept. in professional sports athletes are the ones that get all the attention and they are the guarded ones. you don't want to start losing athletes because then that affects your franchise who affects who is coming out to pay the tickets to the see the team. it's easier to go after the coaches and the 1% which are the owners. when you look at our culture and one thing that i have to admit and find interesting where is our outrage when we have the off mic moments or behind closed door statements like we saw with john kerry or the president liens over to medvedev and says tell president putin after the election i'll have more flexibility. that's behavior that reflects badly on your foreign policy. of course we don't condone or accept what mr. sterling said but it's interesting how our culture responds to some of these incidents which have a broader effect upon our country as opposed to our sports

entertainment livelihood. >> as kareem abdul-jabbar says we didn't steal the cake we are gorging on it. we have an internet inside our house and subjected to potential hacking and taping without our knowledge. whether we're now living in a society where we as a society will consume the products of that taping even if it's illegal and act upon it. almost instantaneously. it's yet another question raised by this whole mess. gentlemen, thank you. >> thank you, megan. >> now to an extreme weather report. 75 million americans are at risk tonight of being impacted by another round of severe storms and possible tornadoes like this one in alabama last night caught on tape during a life newscast at our fox affiliate. >> we have got a tornado -- we still have electricity there in

bessemer. this is coming towards the hospital. look at the debris. see the debris falling. >> folks if you're watching us right now and we're losing power. >> there's the power. >> steve is live in mayflower, arkansas. >> reporter: 15 people died in the state of arkansas alone on sunday when the tornado swept through here and some sad new news to pass along we're learning that two were small children. 7 and 8 years old. that was in this county and the county over, a man and his two daughters were killed. now, you can see this giant pile of debris behind me, megan, for a perspective i'm 6'2" and you can see how high that is. it towers over me. come this way and i want to show you around here what this used to be, an rv sales and repair center and i talked to an employee here and this entire parking lot that you see back here was filled with more than

60 brand new rvs that were for sale and also some used hvs that were here for repair and you can see, there really are no rvs left other than ones turned over. they've all blown in that direction eastward when the tornado skipped interstate 40 which is just to my left and just decimated this rv center. you can see how widespread the damage is and how great it is and that way you can understand it is going to take weeks, months and even years before this community is even back to normal. just terrifying, megan. >> thank you. there was a new bill in congress that would have the feds scouring your phone, the internet, even broadcasts like this one potentially for any signs of hate speech. who exactly gets to decide what's hateful. we'll investigate that next. plus the democrats are reportedly getting nervous about losing the senate in 2014. and now have a plan to fill

dozens of court seats before that potentially happens. but, that may be easier said but, that may be easier said than done just ahead. i saw this red, blistery, rash and i felt this horrle pain on one side of mback. i d 16 magic shows to do. i didn't know how i wasoing to be able to do these shows with this kind of painhat i was in. i told mwife what i had. she went on the internet and said "i think you have shingles." i could feel the shock in my back and it was like

"wowts got to get better than is or i'm in big trouble."

we're learning details today of a new proposal that would empower the feds to scour the internet, tv and much, much more for so-called hate speech. and then do something about it.

democratic senator ed markey is pushing this bill mandating monitoring of anything that the feds suspect may encourage hate crimes. guy benson. who gets to decide what's hateful on the internet and what will they then do about it under his proposal? >> reporter: those are the two big questions and we don't have the answers to those questions which i think is the root of what's troubling about this. i mean, megan, you and i both operate in the arena of words and ideas. right? freedom of expression and thought. that's the coin of our realm. so i really think it's the duty of journalists and people in the media to look at any potential instance of the government coming in and trying to monitor or potentially criminalize thoughts and words. we have to be all over that and ask tough questions and i think senator markey ought to be answering those questions. >> senator markey wants this

group, this obscure federal agency as the "boston herald" put it to scour the online sources, tv, radio, for any speech it finds threatening and he wants them to do it in connection with the department of justice, the u.s. commission on civil rights and then file a report to congress on what out there is potentially hateful and could lead to hate crimes. this is clearly big government sticking its nose into people's speech and their thoughts. we just pushed back on a similar proposal that we saw from the fcc that the feds had to shut it down. what is senator markey thinking? >> reporter: i don't know what he's thinking and i would love to know what he's thinking. there's a few issues. you've been touching on this, megan and you're completely right about this. when the government gets involved there's no criteria here in the bill. what's the template. what's the, you go down and check the boxes what counts as

hate speech and who makes those determinations. as you say it's this group that nobody heard of buried inside the federal government. markey and his defenders will say it has to align with the first amendment. who will hold that agency accountable if abuses occur because we've seen, quite frankly, megan, some abuses recently from unaccountable federal agency doing things to target americans who say and act in certain ways that may be politically inconvenient for certain people. we've just seen this movie with the irs. so expanding the potential targeting and, again, we don't know the exact nature of this is questionable to say the very least. >> what are the chance of this going anywhere in the current congress? i read that he has no co-sponsors, but it has more support in the house than it does right now in the senate. >> reporter: the senate can't

seem to do very much of anything. and so you've got that. on the other side the house of representatives has co-sponsored is a back bencher from new york so the chances of this seeing the light of day in the republican held house are slim. >> it gives you a window into the thinking by some -- high pressure that's exactly right. it's not just that. what becomes difficult for people who are first amendment advocates on these type much questions is the other side, it's easy and very tempting to demagogue. if you raise questions about this they can say aren't you being an alarmist. are you being an apologist for hateful speech or hateful behavior. you get defensive awfully quickly. >> it takes a lot to where your speech is impermissible. a new debate over free speech and political correctness at dartmouth college. see why a fundraiser was just

cancelled. plus secretary john kerry had to walk back some controversial comments about israel but did he walk far enough? we'll look at that next. >> you can be certain the words of john kerry will get, be repeat by anti-semites throughout the world. be repeated in europe and the nation of iran. they will say it's not peace of mind is important when you're running a successful business. so we provide it services you can rely on. with centurylink as your trusted it partner, you'll experience reliable uptime for the network and services you depend on. multi-layered security solutions keep your information safe, and secure. and responsive dedicated support meets your needs, and eases your mind. centurylink. your link to what's next. the next time you nt a dvd, don't bother rewinding it. the way i see it, it's t next guy's problem.

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three victims were undergoing surgery after suffering what were described as life threatening injuries. the warehouse is located 20 miles north of downtown atlanta. more on that's we get it. secretary john kerry made some public remarks this afternoon about the crisis in ukraine but made no mention of his controversial comments about israel. yesterday a tape surfaced from a friday meeting in which the secretary said israel risks becoming an apartheid state. a reference to how the government of south africa found itself isolated from the world back in the 1970s and '80s among other implications. so he made these remarks in private on friday the daily beast first reported them. we got our hands on the audio and it's a very controversial thing. basically like accusing israel of identifying with the holocaust perpetrators to suggest this would be an apartheid state if they don't

come to this agreement with the palestinians. he had to walk it back. he basically said he would have chosen a different word and that's a word best left out of the debate here at home. is that enough. did he get it right. >> i think he got it right in the sense that we are on the path towards creating an apartheid state, but that state is not going to be israel. that's going to be the future palestinian state. how do we know this? just look how hamas treats its civilians in gaza, it treats their political opponents, how it treats women, it encourages honor violence against women. hamas calls for the genocide of jews. look at the plain authority. their laws require the death penalty for anyone who does business with jews. palestinian authority officials have come out and said any future palestinian state has to be ethnically cleansed of jews. the apartheid state we're encouraging is the future palestinian state and for kerry to assign a malicious intent to

the jewish state where none exists and to ignore the fact that israel exists in a sea of arab apartheid islamic states is disingenuous. >> owes frustrated because he tried to push through this peace process on his own time frame and it's not working. israel basically walked away from the process because the palestinians just got in bed with hamas and said okay let's be bff we'll partner with hamas this organization that brook just described. israel said forget it. how are we to work with this. it sounded in those remarks he made a condemnation of israel which is why so many in the israel lobby or whatever you call it got upset with his remarks and wanted him to actually do more than this, he want to apologize which he has not done. >> he retracted his statement. kerry has made a lot of

mistakes. he's overwhelmed. his facts are confused. what the viewers need to know is the very simple premise in order for there to be peace you need two parties who want to end conflict and if you are a student of history you know that's not the case. time and time again in '48, in '67, in '78 and still today israel's arab neighbors have declared war, have declared a genocidal intent to aanannihila the jewish state. >> when i look at his record he has a very good voting record on israel. aipac comes out and say he has a near perfect voting record on israel. and john mccain came out and laughed at the suggestion by ted cruz and others he should be forced to step down as a result of this. what mindset does it reveal? >> i'm not quite sure why the

u.s. secretary of state thinks that engaging in personal attacks and getting emotional is the way to deal with the middle east situation. if you look at how kissinger behaved, he was cold. he would make statements that could be interpreted in different ways by different parties. that's how a diplomat behaves. you don't go around chastising one party if you're trying to reach an agreement between two parties and you don't go around ignoring the very obvious fact that palestinians have never been a democracy, never respected human rights, they have refused offers to create a palestinian state and that their future is in their hands. >> brooke, good to see you. new clues from the supreme court on the future of privacy in america. we'll tell you why your cell phone information may not be as secure as you think. plus, a new push from the white house to get liberal judges on to the federal bench.

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we are seeing reports tonight about growing concerns from democrats about possibly losing the senate this fall. a new determination to fill a lot of federal court seats before that happens. just yesterday one nominee was confirmed with the bear minimum number of votes but the republicans are now saying the president's plan to create his legacy in the courts could come at a price. tom dupri is a former deputy assistant general and constitutional attorney. now the word is that the white house legal counsel is pushing the democrats to quote turn up the volume in the second term in getting as many of these federal court vacancies filled as humanly possible. they have three lawyers in the white house counsel office

working full time vetting and processing nominees because they say barack obama wants to make this a big part of his legacy. what are the stakes? >> the stakes could not be bigger, megan. as you know these are lifetime appointment, cabinet secretaries come and go but judges are forever or at least during their lifetime while they are in good faith. but nonetheless -- the stakes are huge. you're absolutely right. right now the president has his eye on the clock and his foot on the accelerator as they put out an all points bulletin to get nominees, get them nominated, push them through the senate, get them confirmed and get them on the bench before the senate shifts in the mid-term elections. >> we're no longer talking about okay get them on the bench before barack obama's second term ends. they want to get them on the bench before november, before they possibly lose control of the senate because harry reid changed the rules in the senate

such that these nominees can get on the bench with 51 votes. you used to need 60. they are saying before the republicans possibly take control get all of these vacancies filled we're talking about some 86 vacancies, tom. how would that compare if he filled all of those to what president bush did? >> it would set a record. the fact is president obama is ahead of where president bush was at a comparable point in his tenure in terms of guesting his nominees appointsed to the bench. it's a worrisome signal when you see a fast push for confirmation because the ultimate effect of it is to corrode the american faith. when you see them operating in a frenetic fashion to get these folks in before the door close it undermines confidence. >> there's expectation among many americans a liberal president like barack obama will appoint left leaning judges and a conservative like george w.

bush will appoint right leaning judges. none of the judges are, a few are straight down the middle. and so isn't he just doing what people expect him to do? >> that's a fair point. everyone expected the president to nominate these sorts of judges, but, of course, the constitution gives the senate a say in the process. it confers upon them the advise and consents power and i think where president obama has taken a different tack than president bush did, president obama doesn't seem as interested in building consensus around his nominees in working in a collaborative process. >> he says key. he says the republicans are obstructionists that's why harry reid had to change the rules. he said what the republicans have done to him and his nominees is and i quote unprecedented. your thoughts. >> i strongly disagree and respectfully disagree with the president on that. as i mentioned a moment ago he's ahead where president bush was at this point in time and the fact that they ended the filibuster is a very dangerous thing. the reason they did that is

precisely so they can get on the bench those folks of whom there was not a consensus. it enables the president to put on the bench people with just 51 vote majority which may be permissible under the constitution but frankly for those of us who cherish the rule of law and want judges to apply the rule fairly and in a nonpartisan fashion it sends a troubling signal. >> there was a woman who was confirmed yesterday to the ninth sir kurkts left leaning to put it mildly, ninth circuit court of appeals. she comes from a law firm out in california, right, and in 2012 that law firm gave $65,000 to barack obama's re-election campaign. since then three lawyers from the firm, she's the third have been tapped to be judges on the ninth circuit. is this par for the course in these law firms? basically making big donations and oh, suddenly they are on the bench or is this something that needs looking into? >> well, it certainly is

interesting. it's not that big of a firm to get three judges is an achievement. it's not so much driven by political contributions as it is the president is very focused on choosing judges who share his ideology and his approach to the law and constitution. we've seen him draw heavily from certain law firms and the academy and i suspect in large part that's what's driving it. the president has a lot of his base, core supporters who are pushing him to appoint people they see as progressive, liberal, activist judges and the president is responding to that imperative rather than looking at who is christianitying to his campaign. >> what academy. academy of motion pictures? >> certain ivy league schools. >> thanks for being here, tom. >> thanks. >> i would have known that if i had gone to syracuse. thanks, tom. >> thanks. developing tonight can police search the cell phones of people they arrest? not folks who have been convicted or received a search

warrant they just have been arrested. the u.s. supreme court heard arguments on that today. our shannon is in washington with the very latest. >> reporter: the big question is whether they can perform those searches without ever getting a warrant. today the justice did consider two cases back-to-back both stemming from criminal arrests in which after the suspect was taken into custody officers accessed each of their cell phones. in both of these cases what police found on those cell phones led them to a trove of evidence that ultimately led to convictions and jail time. justice scalia noted up to this point the supreme court has given large latitude to search items found on a suspect and evidence they might destroy or hide. in its brief, the government argued this, the authority of officers to conduct a full search of any item found on an arrestee makes imminent practical sense in light of the realities of police work. justice kagan noted how times

have changed including the volume of personal information contained on an average smartphone and the fact that most people have expectation of privacy. everything from medical information to gps info that can track where you've been. here's the lawyer for one of the men convicted and sentenced based on what police found on his cell. >> the question is whether somebody's expectation of privacy is reduced. yes the court said somebody's expectation to privacy is reduced but not extinguished. >> reporter: there's a lot of skepticism about allowing an unfettered search through a suspect's phone but also some confusion about,000 craft a rule to give police specific guidance. we should have a decision by the end of june. up next on "the kelly file" the court of public opinion weighs in on president obama's perfor relax into child's pose.

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developing tonight a new poll marks the lowest point ever for this president. according to a new "the washington post"/abc research poll a whopping 52% disapprove of the way president obama is now running the white house. that's down five points in just the last month. and a double digit drop from four years ago. so this is very interesting

because why? why do you think, chris, since march he's fallen so much? >> well, there's some indications that the crisis in the ukraine and the president's handling of that are a factor. i would largely say that given the fact that obamacare in this poll is down that's consideration but probably the biggest consideration is that people dislike the way the president handles the economy, obamacare may factor into that too with an about it the future but generally they think he's doing a pretty poor job. >> i know you believe this means that the democrats will do worse in the 2014 mid-terms than they did even in those 2010 mid-terms where the president said it was a thump. >> every poll begins with a false premise which if the election were held today, the election won't be held today but if i look at a poll like this and i see what's going on in the states i say republicans are going to get a double digit gain in the senate. you start to think about a number of 10 or 11 based on

numbers like this. >> joe, how predictive is a president's approval rating of how his party will fare in the mid-term elections? >> it's almost always one of the biggest factor if not the biggest factor. look, it's second mid-term election is always the worst one for the party that has the presidency so you got that. you got the fact that more polls are showing that young people are disaffected from politics now than they were in the past so you have that going and you have this poll which has the president's approval rating down. look, i don't go as far as chris does. i think the odds are right now if you look at the states the republicans should pick up a minimum of four u.s. senate seats and potentially as many as ten. i'll go out that far with chris. the problem, though, is still in the end it does come down to the candidates running for the senate and that is, at least in the past two cycles been a

problem for republicans where they've nominated somebody that, yes, with everything going wrong on obamacare and everything else, declared they were a witch or any number of things that we can recall, and lost the seats. >> so you're saying never underestimate the ability of republicans to screw it up. >> exactly. >> they say registered voters, 53 to 39% would rather see republicans in control of congress. 53 to 39% and yet later, they say americans trust democrats more than republicans 40% to 34% to handle the country's problems. how do you square that. you trust the democrats more than the republicans but they want republicans to take over congress. >> if i was hillary clinton i would think that's the most attractive statistic that was available in this poll. the american electorate says they agree with democrats on a lot of issues but want a regulator, want a check on president obama in the form of

an all republican congress. what that means and i know joe has talked about this before, what it means is that when hillary clinton starts her campaign in a fuller sense, she will be able to run as somebody who will do it better than obama did, that he had good intentions but she can deliver and this describes an electorate that's ready for a president not be obama but not necessarily a republican. >> joe, is this a message when the boyfriend says to you, i love blonde women, i just don't love you. like is it like we love the democrats, but just not you. >> well, there's a couple of things. one is that, look americans have loved divided government for quite some time now. and that's been happening for quite a while. looks like they love it even more. on the other hand there's a frustration with both parties and frankly there is one group that has a lower approval rating than the president, it's

congress and republicans in congress on top of that. >> i know. so then how do you reconcile these people saying they want to put republicans back in control if they hate them so much. >> because they want the divided government. they want somebody -- that's what's going on. if we had a republican president right now it would be the opposite. >> if they put the republicans in control of the senate and let them retain control in the house in 2014, does that bode well for the democrats in 2016? >> i think, yeah. i think we're having a complete rerun of 2010/2012 where the republicans will have a good 2014, think they are on their way and then just get clobbered in 2016 not see it coming. >> like one of those good news -- he loves blonde women. oh, wait. that was bad. all right, guys, good to see you. >> you bet. >> good to see you. coming up a charity event at dartmouth college in new hampshire cancelled after a student complains about the political correctness of its

theme. >> no longer a sense of bringing information the tabling discussing problems it's false you're of it's always if you're offended, if you're the most sensitive, you prevail. there's a lot of frustrations stemming from that. we helped sydney manage her debt and prioritize her goals, so she could really turn up the volume on her dreams today...and tomorrow. so let's see what we can do about that... remodel. motorcycle. [ female announcer ] some questions take more than a bank. they take a banker. make a my financial priorities appointment today. because when people talk, great things happen. smoke? nah, i'm good. [ male announcer ] celebrate every win with nicoderm cq, the unique patch with time release smartcontrol technology that helps prevent the urge to smoke all day long. help prevent your cravings with nicoderm cq.

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someone whose poor performance is slowing down the entire organization. i'm looking at you phone company dsl. check your speed. see how fast your internet can be. switch now and add voice and tv for $34.90. comcast business built for business. a charity event that was supposed to take place this saturday at dartmouth college in new hampshire now cancelled because a student took offense to the theme of the event. the theme? fiesta. trace gallagher has more from our west coast bureau. trace? >> reporter: in this case fiesta was spelled phi. it was supposed to be the third annual fundraiser to fight heart disease, but a junior at

dartmouth was offended by the flier and sent an e-mail to the administration that reads in part, quoting here, there are various problematic structures and ideologies regarding a cinco de mayo-inspired event and the inappropriate usage of cultural clothing and the exploitation of organizers said it was not a cinco de mayo event not mexican themed and no costumes were allowed. when they heard that some students were offended they met with the college director of greek life to make changes so as not to offend. instead the dean's office demanded the party be cancelled and the students issue an apology. the administrator wrote events that mock and marginalize others certainly do not reflect our principle of community and do not reflect values. now some students are irate.

>> our concern is that the rule of law on dartmouth campus seems to be eroding slowly. it seems the group with the ripest sense of self-esteem gets a free pass when it comes to these issues on campus. there's no longer a sense of bringing people to the table and discussing problems. if you're offended, the most u)ur+e, you prevail. >> and this has also brought some conflict on campus because the student who filed the client has now been harassed and a student wearing this t-shirt had a power ade drink dumped on him and the person who dumped i want

said apparently oh, i'm sorry did i spill on your racist tank. that student by the way could be facing assault charges. >> when i was at syracuse our biggest concern was whether the pizza at acropolis would remain a dollar a slice. where are they finding the time to write these letters and have these fights at a school like dartmouth? explain that to me. >> reporter: i wish i could. they cut me off. they said time. wrap. >> maybe our viewers know. if you have the answer go to megan kelly on twitter. please tell me what you think. we'll be right back. e my car in. i saved 15% in just 15 minutes. i saved more than that in half the time. i unfriend you. that's not how it works. that's not how any of this works. [ male announcer ] 15 minutes for auote isn't how it works anymore. with esurance, 7 1/2 minutes could save you on car insurance. welcome to the modern world. esurance. backed by allstate. click or call. [annpurina pro plan can cand. help him achieve it. epic classical ♪

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should someone lose their team for remarks shared in private and is this a slippery slope? >> standing up and asking a question, a question first raised by mark cuban. what do you think? facebook.com @kelly file. welcome back to hannity. tonight we have welcome to "hannity." tonight we have a jam-packed edition of the show. america, are you ready? it's time to roll. tonight, i am banning mr. sterling for life from any association with the clippers organization or the nba. >> the fallout continues from the racist rant of nba owner donald sterling. >> it's a very, very slippery slope. >> we got all the latest info including new details from his previous controversies. and then --