see car insurance in a whole new light. liberty mutual insurance. jenna: we'll see you back here in an hour. jon: "outnumbered" starts right now. >> we begin with a fox news alert. federal investigators are on the scene now in philadelphia. you see it there. these are live pictures. that city is suffering a horrendous loss today. the mayor spoke a short time ago and confirmed six people are dead, hundreds treated at area hospitals. now the hunt is on for answers as to why an amtrak train derailed. this is yow! numbered. i'm -- "outnumbered." i'm harris faulkner. sandra smith, andrea tantaros, kirstin powers, and our #oneluckyguy he is so shy. arthur aidala. >> i'm here with the a-team.

i'm honored and privileged. i haven't been on in a little while. so i'm excited. i'm wearing new shoes. >> i love it. >> are you going to come out of your shell today? >> i will try. i will try to speak up. >> we'll get right to it. breaking news, we're in the very early stages of that investigation i just mentioned. so many developments to tell you about. first they actually have the black box event recorder and we're told it is being analyzed right now. we are learning the engineer who was at the controls is hurt by alive and able to give a statement to investigators. witnesses are describing a chaotic and horrific scene when amtrak train 188, enroute from washington to new york along the heavily traveled northeast corridor derailed shortly after 9:00 p.m. >> it was a big bang. it caught my attention, just with the bang itself. >> i saw them carry a liddy out. they took her out of the top and brought her down.

i saw a whole bunch of people looking under one of the cars that was laid over. and i saw, they eventually pulled something out. and, laid something over the top of it. >> all right. new to the story president obama said he and his wife michelle were shocked and deeply saddened to hear about the derailment. as we work to determine exactly what happened we says quote i commend the fire, police, medical personnel working tirelessly and professionally to save lives. according to the president's statement now which we have received. sandra as we've been watching this story, we learned so much from the people who actually survived this. i know you talked with some survivors this morning. >> i talked to survivors. i also spoke to people in houses that were less than 100 feet away from this train line when this happened. in particular one survivor was a business owner that frequently goes back and forth on this train line. he described, harris, just the sound of the metal, you know, crashing and clanging and he

described cell phones and purses and briefcases falling from the overhead bins. and the fact that his train car did go on to its side. he said a harrowing response from first-responders and response from average people helping people get off the trains. just an amazing tragedy that took place. as we often do see with tragedies, heroes that come out to help these people. you've got over, as hundreds of people as the mayor said earlier dispersed to various hospitals. unfortunately six dead. >> what is so interesting too about the news conference, and michael nutter the mayor of philadelphia giving us reports of how many people went to area hospitals, that was such a large number, a larger number than we've been talking about all morning long. to learn there were at least 200 treated at couple of different hospitals. get to rick leventhal live for us live from philadelphia.

rick bring us up to speed with what is new. >> reporter: harris we learned they made significant progress already recovering that black box which was sent to the amtrak operations center in delaware for analysis. you mentioned they have spoken to people on the train and hopefully getting answers from people driving the train. there is a focus to gather patient data. as you mentioned more than 200 people treated in area hospitals. some are in bad shape. they are not able to identify themselves and trying to line up the manifest from amtrak with the manifest from hospitals. it is a difficult and time-consuming task. they want to be careful. some people might have missed the train so they want to be sensitive to families. they are looking for perishable evidence but they have recorded important data like the black box. they're in the very early stages of the investigation. they can't yet say whether speed was a factor when it hit the curve and crashed. ntsb has seven investigators on the scene and more on the way.

they have specialists in tracks, signals, operations, mechanicals and human performance. we learned more about what evidence they think they can glean from that black box. >> we have a forward-facing video camera that is in the head end of the locomotive the front end of the train. so we will be looking at that. we will, the event recorders themselves can give you information about the speed of the train any brake applications, any throttle applications that the engineer could have made, horn bell. it can give us a loot. that will be key to this investigation, a good download of this investigation which is being conducted. >> reporter: pennsylvania's governor has ordered all flags in the staff be flown at half-staff to honor victims and passengers on the amtrak train. among the people who were killed we're learn something a u.s. naval academy midshipman from

rock away, new york. harris? >> this affects hundreds of thousands commuters, rick, from washington, d.c. up to new york. there are ways people can get around. they will be leaning on those ways until we learn more about that and as the store develops. one thing we mentioned, i want to know more that engineer injured, able to give a statement to the investigators. do we know what injuries were like and what condition he is in at this point? >> reporter: we don't know, from the video you can see how badly mangled the first car was. you know, it's remarkable to many that he or anyone could have survived if they were in front of that train when it went off the rails. we don't know the extent of injuries. we're told that he was treated. and that he is either giving a statement or report or has given a statement or report to philadelphia police. harris, as far as the northeast corridor here, the busiest train rail line in the country, it is closed between philadelphia and

new york, suspended service indefinitely. certainly today, probably through the end of the week. we don't know when it might resume. >> rick leventhal we'll check back as the news warrants. thank you very much. we'll move on. >> from an actual train wreck to a potential political one when it comes to bill clinton. so much for being that backstage advisor he said he would be. last night, if you saw it the former president showing up for one of david letterman's final shows amid a week of numerous high-profile media appearances. as "the weekly standard" points out, quote, bill is everywhere with hillary taking a very low profile. her refusal to give a media interview or have an open campaign event with voters, bill is the back seat driver of his wife's presidential campaign. meantime on the late show bill clinton was asked about his wife's chances of winning and possible return to 1600 pennsylvania avenue. he said, well, hillary has to win the nomination first and then he said this.

>> if she wins the election the chances are 100% i will move back. [laughter] by the way if i'm asked. >> if, you may not be invited back. >> my experience is since i left the white house, when a president of either party asks you say yes. so i hope i will be invited. it would be a good thing for america if she won. i hope she does. >> but it will be better for you, bill. arthur, he can't help himself. bill clinton lives for this stuff. and any chance of him ever staying away? i think not. >> no. if you asked al gore today about whatever it was 15, how many years ago, should he have kept bill clinton out of his campaign say in the state of tennessee if he won the state of tennessee he would have been president of the united states put bill out there. where i wouldn't put bill clinton where he was last night. i would put him at the country fair, the county fair. bill clinton great with humans.

one-on-one contact. i don't care how you feel about him politically he has magnetism. he has something that draws you to him in a room all o'lone. if i'm hillary and running, i have him on my side. i don't need you in the media. i don't need you in the newspapers. i need you to shake hands with people that will vote. hey, i will there with hillary and two of us will bring back the great times of the '90s. >> i'm confused. she announced her run for presidency of united states. here her husband is sitting on letterman. she is not answering a single question or sitting down with a single interview. >> but it is not hurting her. >> hillary whisperer? you will explain all this to you? >> please. >> i guess bill's doctor probably doesn't want him at the iowa state fair eating all that greasy food. arthur has a really great point. bill is better at retail politics and way better than hillary. he knows it. put me in the driver's seat. i will get this done for you,

hillary. she is not losing numbers in the polls staying away. >> this is not bad at politics this is something people said. she is quite good of it. she did well in the primary with obama. got same number of votes essentially in the primary. >> she didn't win and she cried and her book four was disaster. >> like she was despised by voters. a lot of voters really loved her. i think she is better campaigner than people think. he will -- >> but she is not better than bill, right or wrong? >> of course but who is better than bill? >> rescuing going on here though? you have simultaneous can scandals going on. hillary clinton hand dales that like walking down the aisle in wedding dress, in high heels carefullily, with her guy at the end of the aisle to catch her. able to deflect. trucks about the foundation money and he jokes i only work there. i can't do that as well as you

do. it keeps her having to be a punching bag with regard to the media. she hasn't sat down in 21 days since she announced her candidacy. >> why should she choose to be a punching bag. >> the media -- >> if you're her why do that if you think you will be a punching bag? >> what should she be doing. >> i would put bill out there. he survived far more scandals than her. look what happened with the patriots scandal. look what happened with past clinton scandals. you can be scum my and still get away with it an clinton knows it. >> is he defending her or himself? >> both. >> distances herself from his own policies. >> he is very popular and i think him being out there is good for her. i actually disagree. being on these shows is good for her. >> you brought up a good point, kirsten. not that she is bad ad politics messaging. minute she opens her mouth it a

little complicated. >> everybody says that i don't agree with that. she did extremely well. with a very tough opponent in the primary. i think she did well and lost by not very much, frankly. >> we will not agree. we have to move on. now on to the republicans. as we're learning jeb bush is skipping the iowa straw poll. the former florida governor will attend a competing gop event that day instead. bush, who has not officially jumped in 2016 race yet, is first of likely republican candidates to opt out of the controversial straw poll. the news comes days after bush says he is isn't worried about recent negative polling claiming everyone needs to take a chill pill. love that remark. as we get closer to the election. it comes on the same day he tried to backpedal from comments he made in an interview with megyn kelly that he would have authorized the 2003 invasion of iraq knowing what we know now.

he said he interpreted the question incorrectly. knowing what we knew when. but third time in six weeks bush had to backpedal. what do you think about skipping the straw poll? >> i agree with his statement, everybody needs to -- who won the straw poll four years ago, female congresswoman? >> michele bachmann. >> where did she wind up? i'm with mr. bush. everyone needs to take a chill pill. still solid year-and-a-half away. look, this is calculated thing. not like he woke up oh, let's go skip it. he and his advisors presumably know what they're doing by him not attending. >> add in the fact some of these people have also not said whether they're going to get in on this too. i think it is kind of a waiting game to see who will play and who will not play. would i say this the iowa gop chairman jeff kaufman told the register newspaper we hope governor bush rethinks his

decision, realizes grassroots will only grow in iowa if he waters them. wow that is sticky. i'm being kind there. >> they don't like -- in a word they don't like to be ignored. iowa prides itself being first-in-the-nation. they think they should have proper attention paid to them, i agree with arthur. i think it's a smart move. he knows he will lose. like me entering the world championship of poker. i would lose. would never do it in million years. >> bill clinton skipped the iowa primary when he ran the first time because tom harkin was run. he knew he wasn't going to win. >> what about, one thing in the megyn kelly interview when he said that everybody needs to take a chill pill on the polls. another thing when he in the same interview said polls are totally irrelevant. i don't know, is it possible for a presidential, potential presidential candidate to truly believe that? >> no. i don't think he believes they're irrelevant. they're not always accurate. look what happened in london,

right? they had polling all wrong. >> he knows this early in the game if michele bachmann won iowa last time around, saw huckabee do well in more socially conservative candidates that are not eventually winning nomination. he can get away with saying they're not relevant. >> caucuses are february 1. i would love to see side by side who does well in one does well in the other. looks like, until he announces that he will put his power there. but people change their minds. we'll see. >> we shall. all right, a new fight in the aftermath of that now-due bunked "rolling stone" gang rape story. that sparked protests on uva campus. who will set the record straight now and what it could be for the future of investigative journalism. shown at sporting events paid for by you the taxpayer. is this a good recruiting tool or a waste of government dough? and, right after the show catch more from the couch on the web.

join us for "outnumbered overtime" by logging on to foxnews.com/outnumbered. we don't pay to do it. dod will not funnel taxpayer dollars. but it is worth it because it is free. how many things are free in life? not a lot. click on the o.t. tab and join us there.

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♪ >> welcome back toout numbered. -- to "outnumbered." associate dean at university of virginia suing "rolling stone" magazine for $7.5 million. she is the lead administrator dealing with sexual assault cases at school. she is hoping to set the record straight after she says the magazine's now debunked article about a gang rape on the school's campus portrayed her and uva administration as insensitive to the alleged victim. the story has been since retracted but not before it sparked widespread outrage over uva reportedly handled the case, a case which now, as this is being presented to us, do you believe this school administrator has a case? >> oh, absolutely. and the thing is that "rolling stone" had some sort of a deal with columbia university school of journalism where they asked them to do like an

independent evaluation of the story and, they got filleted. columbia journalism school found it was deeply flawed. they wrote very intense review and investigation of checking of sources or lack thereof. this is in my opinion i hope this is bigger than this story, this is bigger than this case. this is a shoutout firing of the cannon to all investigative journalists of their responsibility, their ethics and responsibility because they hold people's lives in their hands. i am very passionate about this because i represent clients, based on four sentences in a complaint, they write some big story that they don't verify. they oh, this is what the complaint says. we're going to write a story that lives on forever and ever and ever on the internet and ruins people's lives. people need to be held accountable, if they're going to be this negligent and this irresponsible. >> we're taught as journalists to do no harm in our fact

gathering. what we know about the journalism quotes that happened in this article the reporter was negligent. she didn't try to interview -- >> i would use the word reckless which is worse than negligent. negligent means you made a mistake. reckless is like intentionally you don't care. >> to get to the truth, to get to the truth as you were leading this up, to get your facts straight. too bad the reporter around editor didn't make the goal to get facts straight. >> does it matter if it was a mistake, if it was from a legal perspective? columbia said when they were interviewing her she had been duped. she actually legitimately believed this. now she had gone in with a preordained narrative. but they feel she legitimately believed what she was writing. >> without getting too deep into the legalese, there is punitive damages. which is you don't get just money back from the harm caused to you, but there is money taken away from the defendant to punish them, punitive damages

because what they did was so horrible. that usually relies, was it a mistake was it negligence? can they prove she was duped or will they prove she was absolutely reckless, worst-case scenario intentional? she knew about it and didn't care, set it aside and ran with the story anyway. >> i want to ask you, this reporter, sabrina erdley, apologized to everyone except for the fraternity boys whose lives they ruined. can they go after her personally, arthur? they're suing this magazine. would like to know their thoughts if they could bankrupt the magazine to put it and go it of business? >> they probably could not bankrupt the magazine, the problem is damages, the duke lacrosse players were arrested, about to prosecuted. they were thrown out of school i believe. turns out it was a total lie. so their damages are very tangible for them to duke lacrosse. here the fraternity boys were

shielded a lot more. their identities were shielded a lot more. they were not thrown out of school. they were only thrown out of the fraternity. so their damages are not as drastic. >> will we see more lawsuits like this? >> well see more -- what they should do way lawyers see other lawyers get in trouble, makes us cross our ts and dot our is and follow in harris's footsteps, do no harm. cross our ts, and dot our is. >> we'll continue to follow the story. is president obama accused of being sexist? what he said about fellow democratic senator elizabeth warren has some in his party howling.

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♪ >> welcome back to "outnumbered." a fellow democrat suggesting

that president obama may be guilty of sexism as the battle for the free trade deal heats up. one of the most vocal opponents of the deal is massachusetts senator elizabeth warren. president obama slamming her in an interview saying she is quote, absolutely wrong, unquote. >> the truth of the matter is elizabeth is politician like everybody else. she has a voice that she wants to get out there. i understand that. and on most issues she and i deeply agree. on this one though her arguments don't stand the test of, of fact and scrutiny. >> senator warren later responded to that criticism saying her objections are not hypothetical but based on fact. she says she objects to the secrecy surrounding the trade deal calling it a tilted process that is yielding a tilted result. fellow democratic senator sherrod brown of ohio also coming to her defense. >> i think the president was disrespectful to her by the way

he did that. the president made it more personal than than he needed to. >> senator brown suggested possible sexism saying he didn't think the president would refer to a male senator by his first name. >> well, miss powers i'm afraid of calling you by your first name for the rest of time. this is what you do when you're among democrats who may be going against the president on his trade deal. by the way, i take her at her word. i take her at her word. she took exception to what the subject was. she didn't like the argument. she felt her argument was stronger than the president. in her words she talked about dodd-frank. she said the president has it wrong. i take it at her word. she didn't mention sexism or care or the mention the fact that president called her elizabeth. by the way elizabeth is her name. >> what is sherrod brown talking about? >> what is he talking about? did we watch a misogynous rant

by the president? i didn't see that. >> i didn't either. i really did not. president obama is a lot of things. i do not think he was sexist against elizabeth warren. they have a pretty good relationship. he used elizabeth because they are friendly. what is real disturbing this is important debate about free trade make it about gender, camille is right people see everything through the lens of race and gender, a real distraction from the real issue at hand. even warren thinks so. >> if i was having a conversation about andrea, i'm not the president of the united states. >> what would you be saying, arthur? >> he has to speak appropriately. let me tell you, miss tantaros feels -- no, andrea. >> he might have said that. >> i think andrea is right. they do have a personal relationship. he talks about how we're deeply passion not about the same issues. >> democrats are going against the president on the trade deal. they don't want to talk about that they much rather pick on

the fact that calling her by her first name. >> how it is being received, president is, well she has to get her voice out there. perhaps senator brown was perceiving that like the little woman needs her voice heard. >> does anybody seriously think anybody's voice is not being heard? i don't think the president is believes that. she is one of the most powerful voices of any democrat in the country right now except for hillary clinton who is running for president. >> you're preaching to the choir. i think he was stirring this up. >> if you're hillary clinton, who is the president not talking about right now? you're hillary clinton. you're the candidate. >> she is just happy that the president is disagreeing with elizabeth warren on something and not her. >> does elevate her status though. >> everyone is saying is the president in bed with elizabeth warren? this puts a little bit distance from them. >> unfortunately distracts what you're saying one of the biggest things we should talk about now

is the trade agreement. >> a way to delegitimatize any kind of dissent. basically say if you're going to criticize, if, president obama is going to disagree, this is something that is using as republicans interested seeing it usessed against the president, if you disagree with us, we'll call awe sexist. we'll not debate on the merits. >> elizabeth warren, i can't believe i'm going to hallucinate, i will say this in defense of elizabeth warren she is making points. i don't agree with a lot of her points. she is making cogent argument. the president didn't make argument. she didn't have her facts right. could you be more specific? >> he went a step further than that he didn't just say you don't have your facts right. you're just a politician like everybody else. >> he didn't argue basis -- >> in the world i live in when i have to go in front of the jury if you have the facts you argue the fact, if it you argue the law, you argue the law. if you have nothing you talk

about the color of the drapes. almost seems like that is what is going on here. they don't want to take on actual core of the argument, actual crux of it. take this hard right turn. in my world distract the jury from the fact that there are three eyewitnesses said the guy did it. let's go in this direction. >> will boost the global economy. >> there is the business channel. >> kirsten, what do you think about these democrats going against the president and his reaction to it all? >> i think it is fine. it is great. people are allowed to have different ideas. democrats have not typically been profree trade. they were not pro free trade under his administration. he got it through with most of the republicans. unfortunately it is becoming a knee-jerk reaction these days to immediately see sexism or racism. >> you wrote a whole book on it called the silencing. >> i sure did. >> we'll talk about later in the show. >> we are going to talk about.

it has your picture on the cover. very beautiful. >> thank you. >> we all like it. moving on to breaking news story where we started this hour. what we're continuing to keep our eye on. federal investigators at the scene now working to figure out what caused last night's deadly train derailment in philadelphia. we know six people have been killed in this, hundreds more injured and some are in critical condition. we are following this developing news story to bring you very latest in updates. is the u.s. government paying for patriotism? a shocking report on taxpayer dollars footing the bill for the salutes to our troops at sporting events. do you have a problem with that? ♪

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>> this is a fox news alert. a lot of new information coming in you're seeing on the left part of your screen. it has been breaking news since last night with developments

coming in. six people were killed in this. now we're learning more about those who died. one of the associated press's key video people, key video journalists for them, was one of those who died in this train derailment. and jim gains his 8 years old -- 48 years old. father of two. on his way home to plains borrow, new jersey. pentagon official confirmed that a u.s. naval academy midshipman was among those killed on the amtrak train as well. we can tell you that the ntsb sent seven different teams of people. they hav categories they look at that signals on the train track, the train itself, the condition of the track. the engineer who was driving the train has been able to give a statement. he was injured and able to talk to officials. the ntsb says later today they will hold a news conference with the media. that will come up in about four hours.

we'll be watching for that as well. but we're learning more about those victims. as more news comes in on the horrific scene and this train derailment outside of philadelphia, we'll bring it to you. stay close. >> new questions today over those is a salutes to members of the military that we all see at baseball, football and basketball games after reports that the u.s. government pays for the hometown heroes tributes to our men and women in uniform. the department of defense reportedly dirk out at least 5.4 million taxpayer dollars for these segments, to 14 nfl teams for over four years. the new jersey national guard, for its part defends the campaign as educating the public and promoting the military. one lawmaker is demanding answers. >> when everybody assumes when you have these feel-good moments, these salutes that it is because you know the nfl team felt good about the military or

about service, then to find out no, it is really taxpayers for paying for that, that leaves you with an empty feeling. how fault is dod, department of defense and, the government for actually doing this. >> so senator flake by the way sent a letter to the defense secretary ash carter, national guard chief general frank graf demanding to know the breakdown associated with hometown heroes segments. do you believe this is taxpayer money well-spent arthur. >> yes, absolutely. i think the military members currently around veterans deserve the accolades. we're talking about the new york jets took $115,000. i don't, i can't do the math, what percentage that is of the military budget, .000001%? $115,000 doesn't give you two jets home tickets. i'm serious.

put out the flag. a feel-good moment. maybe a 16-year-old kid gets motivated and says you know what? i want to go into service. maybe an 80-year-old man says, wow, i'm proud my country is proud of me. they're spending $5 million of the whole budget on this good for them. makes me feel good. my dad was a captain in the army. i was born on an army base. i love night thank you for his service and your service. andrea, he is making a point this is an effective recruiting tool? >> i think is. i free with arthur. >> three times on this show. ding ding, ding. >> we'll have to disagree in the show. >> wow, three times. >> i agree. it could be really effective recruitment tool. i think it is fool-good moment. i would rather spend money on than the shrimp on a treadmill and something they waste money. this is for good. kick this to you sandra the business expert i'm disappointed you don't see companies or even the nfl doing

something. >> that is the good question. or the teams themselves. why wouldn't you give them advertising space to recruit at these games? >> that is what i was thinking? why do you have to pay for it? >> it is business. >> except on the other end. the way they see it is government money. not looking at your hard-earned tax dollars as often is the case. >> but i don't think it reflects well on tthink this is something, i would never what did you think was watching this is government paying for it? >> i'm surprised there is opposite to this argument. what would it be? do not spend any cash on men nd women who give up their lives? >> no you're saying -- >> don't give up any of that. >> why would you pay for that? what we're all about money. >> even if they are being paid who are we arguing against that? >> staff, to people to hold up the flag. spending money on that.

spending money on advertising. >> head of pr especially one of the teams like the ravens, today would be a smart move we'll donate the time. >> the call is out there. make it happen. >> you're hired! >> all right. arrested and hauled out of school, a 14-year-old boy over this. an nla -- nra t-shirt showing a gun. his mother filed a lawsuit. we'll get arthur's take. >> how free speech is being stifled in this country. it is coming from the left, yes, the left. she wrote it about it. >> don't call her kirsten. itealt is ms. powers. from food alone. let's do more... ...add one a day men's 50+. complete with key nutrients we may need. plus it helps support healthy blood pressure with vitamin d and magnesium. sweet mother of softness... charmin!!!

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♪ >> we've already been talking about this during the commercial. arthur is so shy. the mother of a teenager who was arrested for wearing a nra t-shirt to the his west virginia middle school is suing the board of education. he was charged with disrupting the educational process and disrupting an officer after he was asked to turn the t-shirt inside out so you couldn't read it. when he refused to do that, they

suspended him. >> she said, are you supposed to wear that in school? i don't see why i shouldn't. i never thought it would go this far, honestly i don't see a problem with this i don't believe there is anything wrong with this shirt. >> a judge later dropped charges against him but his mom still says her son's rights were violated. bring it out to the couch. counselor, is there a case. >> i'm no hair expert but what is going on over there? interesting stuff. >> i'm jealous. >> all i said what was going on? >> arthur i think you're jealous. >> i am not jealous. i get out of the house very easily in the morning. lawsuits are supposed to be for people who are truly injured. obviously what we were speaking earlier people on the train, tragedies, people who died, families sue for wrongful-death, people injured, will sue for injuries. they're real injuries, they're definable. damages are there and they will be compensated. here what is this kid's real injuries? half a million dollars in

injuries to this kid? half a million? this kid deserves half a million dollars? >> may not be a half a million dollars but you can't say there is no injury? >> freedom of speech is impinged upon by some speech police person who is telling what you can or can't dress? >> yes. the principal of a school can come to say i don't want you wearing that in my school. i don't want your pants being down to your butt. pull them up. >> pants on ankle is -- >> hold on. i think we're missing -- >> the shirt had a hunting rifle, in addition to saying nra. have we pointed that out? we're missing, there could be a rule harris, you probably know this, did you already call the school or something? [laughter]. >> that's good stuff. >> there must be a very very specific school that says no guns on t-shirts. >> we covered tragedies,

committed by students against students. if i'm a principal of a school -- >> on a t-shirts? come on. >> has to do with anything that is distraction in school. >> people are arguing two different things. you're arguing whether or not it should be allowed. i thought we were arguing whether or not there is a case. >> there is no case. no damages. the school was wrong to take off your shirt. what are your damages? miss powers, what are your damages? half a million dollars. >> i think you like miss powers. >> i was -- >> i don't think there is damages per se. is this a public school? >> harris? [laughter] >> why are you talking to me? >> if this is public school, isn't that the government playing favorites -- >> courts allow a head of a school to administer the school. we have much more important topic to talk about. >> it is second amendment right in this country. >> not a second amendment right.

first amendment right. >> that's what i'm saying. >> two things one, one thing has to do, i think sandra's right. we kind of got off the field here. one is has to do with distraction of the t-shirt. that is how school rules work. can't wear anything inciteful, distraction. you're saying principal has every right to put that in play. >> to run his or her school. >> it's a matter of free speech. where does it stop and start? >> issue, you have to ask, is it equally applied? would it be any t-shirt anything they consider a political view or view that is offensive? >> will you continue that after the commercial. >> i will. it is very topic of your new book. we want to show you some love. >> thank you. i love love.

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>> and now we'll no longer be silent about the silent thing. powers has a new book out. >> there we g. it focuses on free speech coming under assault. we are talking about a 14-year-old kid who had a t- shirt. art wants to silence the t- shirt. you talked about the book you get in high school and college campus there is a silencing. >> there is a huge problem in

the college campus of things you can and cannot say. there are free speech zones and speech codes where you can get in trouble for saying something that is offensive and you have professors that are hostile of free speech. i talked about a professor who physically attacked. >> that's my alma mater. >> physically attacked a 16-year-old pro-life demonstrators because she claimed she was triggered by seeing a pro-life demonstration and she told the police officer that she had to act the way she acted because she felt unsafe and she was caused harm by a peaceful demonstrator. it is not an idea of free speech. it is violence that is taking root on our campus. >> kirsten, i gave you a shout

out and it is well done. and i gave a speech in the university of north texas. your book was informative. how did we get here? how did this happen? this was not going on in the '40s and '50s and '60s. >> it is dangerous of the political correct innocence the 1990s and this book doesn't address the how or why, it chronicled of establishing ought of the areas of the society that people are silenced. it is not only conservatives, but liberals who step out of line and people who have no view and say the wrong thing and find themselves in hot water. the why is the question for the next book. i have theories and i do think right now, it is important for people to understand what is

happening and it is much worse than people realize. >> i want to know how we prevent it. and i know you talk about that in overtime. >> good luck to you. >> it is fox news.com. and "happening now" now. >> we start with a fox news alert. the death toll is rise negligent train derailment in philadelphia. >> we learned a 7th person has died. we are covering all of the news "happening now". >> just calling. >> and tragedy on the tracks. >> it is a disastrous mess. >> inside of the nightmare of the deadly amtrak derailment as the grim search continued in the mangled wreckage. >> i never seen anything like this in my life. >> plus. a close brush with death. it is