you tonight on red eye. >> at what point does a baby get human rights? >> answering that question with specificity is above my pay grade. bill: president obama meets with the pope tomorrow and the pay grade comment is in the air. we will preview a secular president versus a strongly pro life pontiff. >> ever since i was born, daddy has been the best father you could ever imagine. bill: the real heart break on the michael jackson front is for his children. geraldo rivera is following that story. >> president obama is in russia and we know this because sarah palin says she can see him from her house. [ laughter ] >> a lot of us are still mourning the loss of one of america's most entertaining figures who left us all too soon. don't worry, folks, sarah palin will be back. bill: and the mocking of sarah palin continues. when will americans say enough

is enough? >> insiders believe she hopes to be the next octomom but i don't know. bill: caution, you are about to enter the no spin zone. the factor begins right now. [captioning made possible by fox news channel] captioned by the national captioning institute --www.ncicap.org-- bill: hi, i'm bill o'reilly. thanks for watching us tonight. god, global warming, and president obama, that is the subject of this evening's talking points memo. on friday president obama will meet with the pope in rome near where the president is attending thegate economic summit. wouldn't you like to be in on that meeting? as you may know, the president is a secular guy, a strong pro choice advocate who dodged the question on when life begins by saying it's above his pay grade. heelwell, the creation of life s above everybody's pay grade. but it seems to me if you don't know, you might van obligation to protect as many lives as you

can. right? i bet the pope sees it that way as well. there is no question that president obama is a secular leader and that message has been well received in washington. for over 40 years the air force has flown over the god and country festival in idaho. not this year. nope? the pentagon says it cannot provide planes because the festival endorses religion. again, the air force cooperated with the patriotic festival 42 years in a row but will not this year. on may 7, the annual national day of prayer was held. but the president attended no events for it. when mr. obama spoke at georgetown university, a catholic institution. a religious symbol behind him was covered by some plywood. are you getting the picture here? also, after worshipping for 20 years in reverend wright's protestant church in chicago, the president now no longer afill yachted -- affiliated with a particular church. to be fair presidents were not

outwardly religious. to diminish spirit by denying the good folks in idaho a flyover is stupid. there is no specific religion in play at that festival. this is another example of secularists being disrespectful to people of faith. the secular culture in which president obama embraces is mainly concerned of things of this world like global warming. they reject republican spiritual spiritual. today we find out china and india aren't going to help on global warming. they are not going to cut back emissions or do anything else to clean up the planet. these countries want to make money and heavy industry does that so right now the only global warming strategy that might work worldwide may be to pray. that's how difficult it's going to be to convince emerging nations to clean up their acts. u.s.a. has become the strongest

most prosperous country on this earth largely because of judeo-christian traditions. i hope pope benedict reminds president obama about that tomorrow. now reaction to the banned air force flyover and the global warming chaos. joining us from new orleans warren valentine. and from los angeles leslie marshal. both are nationally syndicated radio talk show hosts and fans of barack obama. leslie, let's begin with you. have you noticed the growing secular in america? >> i would have to say it's definitely a change from the administration. i number one being a liberal democrat who voted for this guy i like it. i voted for a sprafings church and stayed. our state is complied of various religions and i for one as i believe the majority of voters did not elect barack obama for him to go to church, for him to pick a church or for him to be religious for him to get the country back on track

economically. bill: every year the people of idaho has a festival god and country. the air force out of respect for idaho they spent a couple planes over and everybody waves the flag. you can't do that under president obama. no way can you do that that's just dumb, leslie. leslie. you know it's dumb. come clean. >> i don't think it's done. i will tell you why when we have so many americans losing their out of work. bill: like the flyover has anything to do with americans out of work. it's dumb, warren, dumb. >> have you got belief cracking up here man because you know it's dumb you are making this argument. >> well, you telling me you are supporting the van of ban of the flyover too. >> i think this president has purposely taken the position that he ♪ going to be connected to any

religion. bill: what religion is at the festival in idaho. >> it was a religious event, right? no it wasn't a religious event. it's a god and country festival. that he was what it is is. >> god makes it religious. bill: god is on your money, warren, you take it ever week you get paid. you are objecting to money, bill. this is dumb. this president is taking this poition because if he came out and say i'm a member of a catholic church. you are joining a institution has that has pedophiles in it. bill: going to unemployment and you are going into catholic pedophilia on this thing. you are both wrong. everybody knows it but let's go to global warming. i mean, it's just crazy. look, just distinct, just pull back for a second. leslie your strongest argument was something about unemployment and warren went into the catholic pedophilia scandal. you lost the debate. you have got to go into the

issue. no reason the air force can't fly over. that's insane. global warming, leslie. now, i'm a big green guy. i don't know whether you know that but i'm kind of the jolly green giant. i'm 6'4". i want a clean place. i went to switzerland lark week to study policies. china and indiana are not going to cooperate or do anything. my leslie is how does that impact the global warming debate in the united states? >> i have been to india four times living there briefly for a month. you cannot compare the nation of india with the nation of the united states. we're are not on the same playing field especially when it comes to the environment. >> do we have the same economy? >> yes. >> we are going to do everything we can impose by the federal

government and cap and drafd and imposition. it junts work. global warming is going to happy because two to loot the atmosphere and they don't care. go ahead, leslie. >> ok. i don't agree with that because india right now with their auto rick shares is still using kerosene. i think that the 2010 -- 2010 limit for emissions are goal or a deadline is not realistic for india. i think for them to agree right now would not only be realistic it would be lying. bill: you know more about india than i do. the bottom line is they are not going to cooperate. the government is going to impose a bunch of stuff on the americans to make it more experience. if they are not going to do bum kiss. you say what. >> this is smoke and mirrors

much. and china and proactive and not reactive to them. if this they are not coming to the table. then we shouldn't be paying for it as as americans. we have got to lead by biological father example. >> chinese products? >> i would love to do that they own so much about it. i would roof to make -- i have to play along with the leadership in this country. bill: no, you don't. you can dissent from the leadership. >> that's what we are doing here. >> if they are not any table here. >> a all this extra attacks against us that's just being honest. biffle bill warren and i have reached day taunt on global warming. >> you were wrong about church. bill: i wanted you guys to go home and think about the air force flyover and the poor folks in idaho where's the plane? you can't do it because we have

a insane. the president belongs to a church. bill: no he doesn't belong to a particular church. >> camp david. biffle bill it's north a church. it's a lodge, warren. slanks a lot for appearing. on left of center the mocking of sarah palin continues. when will americans turn on the people who traffic in this upcoming. 8 extra-strength ty. a day on the days that you have arthritis pain, you could end up taking 4 times the number... of pills compared to aleve. choose aleve and you could start taking fewer pills. just 2 aleve have the strength... to relieve arthritis pain all day.

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formulated to work in as little as 7 days with glucosamine, hyaluronic acid, and chondroitin complex. we've never been happier. get a free sample of new triple flex liquid softgels at tripleflex.com. nature made. fuel your greatness. bill: a week in review. ms. laura has been listening to our conversation about president obama's religious outlook and the global warming problems. she joins from us washington. >> i'm still laughing. i'm sorry. bill: but you have got -- >> -- that was good. bill: they're both very good people leslie and warren. >> you are having fun and that's what's important. bill: they got their butt kicked. they have didn't have an answer

god and country in idaho. that's just stupid. >> well, bill. if the obamas aren't careful, serious christians across the country from different denominations are going to start believing enemas that -- on mass religion is an area to be politically managed. it's not a personal relationship with christ. not about salvation. it's not about getting you and your family into heaven. it's about managing and manipulating the political process. the fact that before they moved here they hadn't figured out yeah there is lots of wonderful churches in washington, d.c. i happen to be catholic there are great denominations. just tons of churches here. the fact that you can't pick a church is bizarre. let's just -- it is bizarre. and for most people it's one of the most important things you choose and you decide before moving. bill: i don't even care. you know reagan didn't go to church. bush the elder.

>> different scenario. reagan was not a member of a church previously whose pastor said the most hateful horrible things about the united states. bill: that's why he is not going to church. obama is saying look the church thing turned on me. >> that's fine. bill: let's look at the wider picture here. >> yeah. bill: there is no doubt that the obama administration has sent a message in every department, even to the pentagon that we are a secular crew. how do you think that's going to play out as far as the country's welfare is concerned? >> well, i think it's terrible. i think our country was founded on -- bill: i know you personally do. is it going to have an effect on our country? >> it's not going to have a positive effect on the country. because traditionally american presidents, of course they are secular leaders. we do have that separation. but there are also moral leaders. there is a moral imperative to what america does and our morality is rooted in this religious tradition in this

country. and, bill, remember his faith-based office is headed by a guy who is also said some really nasty things about the pope and i think it was in relation to the condoms in africa. it's not just about. bill: wouldn't you love to be in that meeting tomorrow with the pope and the president? but, you know, pope benedict is not a confrontational guy it's all going to be nice. >> they will shoot a few hoops and that's it. it will be fine. the meeting will come off fine for obama because i think the pope, you know, released about world government or world understanding and the pope can actually criticize obama from the left which will be good for obama. bill: and the pope believes in global warming. do you believe in global warming? >> i'm not a global warming champion. bill: i do. i believe in that temperature. >> i'm stockpiling suvs. you are barking up the wrong tree. i'm buying as many as i can i think we are getting cooler, probably not warmer.

bill: that's not what the temperature says but that's ok. >> yes, ok. we will debate that another time. you are wrong about that you will do a factor investigation and get back to me. bill: call joe bastardi, he is the best in the world and he will tell you. >> there is a debate whether we can change the temperatures. bill: global warming initiatives by the federal government here is are not going to work because china and india and other countries say we're not going to do that. >> the great thing about thegate meeting is i think the president was still high on the charm offensive as it worked in berlin and then it worked in paris and had some effect in london. he goes over to russia and it's like cold shoulder from a lot of the folks in russia. then he goes tog-8, i'm glad you are cutting your emissions by 50% by 2050 that doesn't work for our economy whose economy is growing and needs to grow. bill: make up the difference. >> they are not interested in it. they are focusing on number one.

that's what our president should be doing. bill: finally, we have main. have you been talking on your radio show about a guy from guantanamo released in 2008. is he back leading taliban forces against the united states and nato in afghanistan. right? >> yeah, this is a total embarrassment. i believe he was shipped back to afghanistan in 2007. now he is heading up the efforts in afghanistan. bill, this brings us to the same conclusion that we have been at for a while. g.w. gitmo works. keeps these enemy combatants transferring them back to places like afghanistan. their homeland has more often than not, i think, come back to bite us. we don't know how many others have returned to the fight. certainly dozens have. there this is a major embarrassment to the previous administration. it should be a sign to this administration should not close gitmo. we have got to rethink that whole thing. politics can't get in the way of our national security. bill: thanks very much as always. laura will be in for me tomorrow. directly ahead, the real heart

break in the michael jackson situation lies with his three children. geraldo has been following that story. and, later, megyn kelly on what should be done to a mother who breast feeds her baby while drunk coming up. 4l%%%%%%%

[baby dinosaurs laugh] sid: [laughs] ha ha, no, stop, stop.

bill: most heart breaking scene they jackson funeral this week was this. >> ever since i was born, daddy has been the best father you could ever imagine. and i just wanted to say i love him. so much. bill: here to wrap up our michael jackson coverage is geraldo rivera. i understand you met them? >> did i. bill: how did that come about. >> any commentator that suggests that that scene was staged is smoking cynicism. bill: i haven't heard that. >> i have heard plenty. that was sincere, wonderful moment. bill: you heard somebody say that was staged. >> i heard several commentators suggest that. bill: ridiculous. >> they are so cynical and they should look into their own

hearts. what it showed me is what i saw with my own eyes. i met the children several times. i spent one almost entire day with the children in 2005 after michael jackson had been run off neverland or chose self-exile from neverland after the place was, in his words, kind of made a sack sock sacrilege of the raid. he never went back to neverland after that ravmentd we were staying in a hotel in santa monica. a big hotel suite. he was basically the caregiver for those children. the nanny came in and out very briefly. the pr person came in and out, again, very briefly. it was essentially michael jackson and his three children and blanket, the 7-year-old was at that time a toddler. i have to say that he was an absolutely normal, competent, loving dad. bill: remember, you were there and you are a father.

>> let me just say, i have to say that. it had nothing to do with me there. the children addressed their father directly dad, i want to watch nickelodeon. she wants to watch disney channel. dad i want captain crunch no you have to have wheaties. i saw it with my own ice. it was not a show for me. he was a perfectly appropriate dad. bill: i think the audience wants an answer from you. would you allow your young kids to sleep over with michael jackson. >> i wouldn't allow my young kids to sleep over with any adults except my brother craig and willie. bill: it is unacceptable. >> i am alone -- i was alone in 2005. i had plenty of company i noticed hiply at this memorial service i was alone in 2005 in believing that he was being framed. i thought that that complainant was recruited by the same lawyer who got the 1993 settlement by the same psychologist in the 1993 case. she was herself a convicted

welfare cheat. and that he would go for a 13-year-old cancer patient when he had the world, if you believed that he was a fed file? bill: it's entirely possible that's true but his fixation on young children is unacceptable for any adult. >> it was totally unacceptable. bill: that's all. >> remember the context of what we were doing with then. he had been in this very grandiose way raided and indicted and charged again with this pedophilia, this perversion. he was embattled in every since and, yet, people did not stop to look at who the complainant was. what the circumstances were in this case. bill: i did. >> i remember you were very angry at me because i was going around saying i would shave my mustache if he was convicted. so sure as i was that he was innocent of these charges. bill: i looked at it from a skeptical point of view however i always returned to the same thing that mr. jackson's behavior with young children, not his own, unacceptable for

any adult. i advance the story here. >> ok. bill: you are watching all of in this week and you are seeing all the big-time anchors and journalists go out there and they are basically glorifying michael jackson. they didn't glorify him, as you well know, when he was acquitted on the criminal charges. so how did you process that? >> that's an excellent questions because i did go through a whole, you know, kind of balancing act in my mind. i said i think this is a nice event they are staging here but where were all of these famous people in the period between 2003 and 2005. i didn't see brook shields. i didn't see -- and i thought she was adorable and sincere and loving during the performance. i didn't see any of these religious people. i didn't see any of these performers. michael jackson was essentially in exile after he was accused. people wouldn't go near him with a stick. he was alone. he was embattled. he was frightened. he was frail. he was anorexic. he was underweight. he was translucent almost.

bill: his family members stayed with him. >> there was some reluctance there, too. bill: but they were around. >> he is the meal ticket for those that family. bill: how about the journalists though? i mean, they all dissend and now he is the greatest guy and these are the same people who were hammering him. >> there were journalists and i had to be amused when i saw who the access hollywood type shows anointed as their michael jackson experts, all of them saying whoa is me the great artist is gone, the king is dead. long live the king and all the rest of it these are the same people who made a career of saying michael jackson was a pervert. michael jackson was a sicko. bill: do you want to name names. >> why should i? what's the point you know who they are. you heard them. you remember back four years ago. they hated michael jackson and now they extoll his virtue as if he were the next coming. bill: last question 30 seconds. isn't it eerie how close this is to elvis as far as the death is

concerned? >> i think it's a lot closer to elvis in every regard. i read your column today. i met elvis. mutual manager gary. i investigated the facts and circumstances surrounding the death of elvis. i knew the enablers in elvis's case helped get the doctor's medical license suspended. exactly the same story. i call on jerry brown to go after enablers including all this list of five doctors. these people gave him the drugs. these are pimps for pills. bill: you stay on it. >> i'm going to. i promise you that i'm going after them. bill: we will do it on a weekly basis. >> i'm going after them ferociously. bill: the column geraldo referred to ran on the "new york post" today. it's available. getting tiresome the mocking of sarah palin. when will americans turn against it? also, what should happen to a mother who breast feeds her baby? do you take away the child? she was drunk. megyn kelly has been investigating and we hope you stay tuned to those reports.

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sarah palin cleaning out her office in alaska. this is weird. in her resignation speech, sarah palin said she polled her children on whether she should resign and the count was unanimous. yeah. even her children thought she was in over her head. bill: with us now social observer faith sailly. former rhodes scholar among other things. when does it become enough is enough. >> first of all i have to say i think conan has enough. i don't know how good of an idea it is to push pull your children. can you imagine if obama were doing that, he asked sasha and maliyah we would have jonas brothers as economic advisors or miley cyrus for health care. bill: you should consult your children should you not. >> don't you think the crossroads was when she chose to run for governor. bill: no. she chose to run for governor and she won and now she may leave it and she wanted to get her -- i would do the same thing. >> piper?

bill: listen, i don't think she polled the little children. i think she polled the other children. >> i think she had what was it three yeahs and one hell yeah, bill. when is enough enough? i don't think anybody wants this to stop. i think comedians love it i think republicans love her. democrats love to hate her. i think she is in charge of when when the mock kerry -- mockery stops. bill: worst thing you can do is diminish or demean. no question america wants to demean and diminish sarah palin beyond practically anybody else in the republican party. so it then falls upon americans to say all right, we have heard it, it was funny the first thousand times but now it's mean and now it's unnecessary. do you think we are getting to that point? >> well, you know, i think she left herself open to this with such a craven vague resignation speech. if she said look the this is too much with me. the ethics charges is too much. i want to be with my family i'm stepping down.

she didn't. she gave this breathless herber painting of a speech. i counted three sports medicine for and one refrigerator and she broke up with alaska. bill: a little unfocused? >> a little i think is an understatement. this was like alaska, i love you, twitter me. bill: you don't see critical mask reached any time soon here? i think letterman got hurt and continues to get hurt with the palin business. >> he got hurt and should have because he was dealing with the kids. this is palin herself. bill: i think americans are getting tired of it? >> go for higher calling and people see you in waders. bill: can you mock any person in the public eye. we disagree. critical mass has been reached with the woman but we will see. you watched the michael jackson stuff all week. >> i did. how could i not. bill: did you pick up anything that disturbed you? >> i was disturbed that al sharpton didn't go far enough in

his eulogy. i think michael jackson is not only a black i con. not only did he break down barriers between blacks and whites but if you saw "thriller," bill, between zombies and humans. bill: he did. he was all over the place. >> he is the man. he wrote "we are the world." bill: you are mocking al sharpton now. have you reached critical mass to mock al sharpton. >> no i'm never going to reach critical mass to mock al sharpton. bill: open season on both of them. >> they both have big hair. i like their hair. bill: we had the reverend on last night did you see that. >> of course i did. it was spirited. bill: i said hey, this is the wrong guy to put up as an african-american icon. >> or as a stamp. bill: or as a stamp, right. it would be interesting to see what voice sage plaintiff jackson they would put on the stamp. >> i agree. bill: would you put young on there or the plastic surgery jackson? >> all i know is i want 1982 michael because that's when i saw him and wanted to marry him

instead of matt dillon. bill: when was that? >> 1992. he was a pretty good looking guy before he went under the knife. i guess he wanted to look like diana ross. >> she was a good-looking woman. bill: who doesn't? it doesn't work with me. you saw the absurdity of trying to make him look like an african-american icon. >> i wouldn't say it's absurd. bill: you agree with al harpton. >> i i don't think i'm in a position to dictate who gets to be an african-american icon. i think he is iconic showman. i think he is iconic as an entertainer. will you grant us that? bill: i will grant you that but not as a civil rights leader. i'm not granting that. >> that's fine i'm not asking you to. he gave us musical combination of kenny rodgers and dan al-aykroyd. you can't take that away from us us. bill: we would like to you vote in our biffle o'reilly.com poll

which asks do you think governor palin was smart, key word, to resign? yes or no and we will give you the results on monday. when we come back it will be kelly time. miss megyn has been investigating a woman who breast fed her baby while drunk. what should happen to her? the state of massachusetts suing the feds over gay marriage kelly moments away. only one a day men's 50+ advantage... has gingko for memory and concentration. plus support for heart health. that's a great call. one a day men's.

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and artistry, one of the world's best-selling beauty brands. which makes amway global the online... health and beauty leader. and worldwide, amway has over 8 billion in annual sales. for your opportunity to be part of this success... and to start making more money for yourself, contact an amway global independent business owner... or visit amwayglobal.com. bill: thanks for staying with us. i'm bill o'reilly. in the kelly file segment tonight three hot tom picks to tell you about in north dakota 26-year-old stacy amvarinia has been child with child neglect for breast feeding her six week old baby girl while intoxicated. she has a long criminal record told us her boyfriend had assaulted her. while authorities were investigating that claim she was reportedly drunk and feeding the baby. the question is what should

happen to the mother? here now attorney and fox news anchor megyn kelly. all right. so this is a single mother. obviously troubled woman. right, a long rap sheet? >> yeah. bill: you are the police. you come in. she is intoxicated while breast feeding. do you immediately remove the baby? >> yeah. i do exactly what these cops did. they did exactly the right thing. not only was she breast feeding her child who was six weeks old while drunk, but according to the police, she opened the door holding the child upside down by the leg. right, now? listen, i'm not a mother yet but i will be in few months, i'm told this is not how you carry a baby. bill: not the right way. >> so not only that so this is how she opens the door, holding the kid upside down by the ankle. then she is shaking the baby because the baby is crying while the police is there. she is shake the baby to the point where the police is saying ma'am, stop that. bill: she is drunk. she is intoxicated. >> it's clear child endangerment. on top of that she breast feeds her baby. i'm no dong tore but the american association of

pediatrics says don't do it. one thing -- bill: while you are drunks. >> one thing to have one drink. a lot of mothers do that, bill. i'm not saying i believe in that. i'm just saying that's not criminal. you get hammereddenned and breast feed your child? this can cause brain damage. bill: the woman is charged with child neglect. >> yeah. bill: why not child abuse? >> it's the same thing. flip sides of the same coin. she is facing now up to five years in prison. i don't know that that's appropriate. but this woman should not see that baby again until she has had a, supervised visits. b, some parental training, and c multiple authorities look at her and say she is qualified to have custody. bill: what was the rap sheet. >> it's ridiculous. in her six years of adulthood, she has been cited, arrested 27 times she was accused of violating the law in the last six years. theft, forgery, neglect. bill: the kid sought of there

right now. >> out thereof right now. we don't know where the kid is but not with her. bill: everybody knows massachusetts has gay marriage not by the voters. they won't allow the voters of massachusetts to vote on the issue. judges impose it now the state attorney general martha coakley who i know is suing the federal government over gay marriage, why? >> over the defense of marriage act. the federal statute that president bill clinton signed into law back in 1996 which defines major as between a man and a woman. it says to states if you want to give federal money to same sex partners who are involved in marriages in your state, you can't do it. you can give as much state money as you want but no federal money. >> that's been the law since clinton. she is challenging it saying that makes us discriminate between gay couples and straight couples. bill: the old discrimination rap. >> we have a right to october to that. bill: i'm surprised the obama administration hasn't reduced to revoke. >> they may. president obama has made clear he does not like the defense of

marriage act. bill: as it stands now in court, the legislature makes the law. you know, congress makes the law. and they passed this law. >> not just that. bill: massachusetts doesn't have -- it's a grandstand play. >> no. no listen, just because congress passes the law doesn't mean it's constitutional. the state can still bring a challenge. the problem for them here is that no one is forcing massachusetts to discriminate. bill: take the federal dollars. >> don't take the money. remember when the military recruiters got kicked off of the college campuses and they said we're north taking these military recruiters on because of the don't ask, don't tell policy. they took that case all the way up to the supreme court and the supreme court said you don't have to have the military recruiters if you don't want. clom columbia, nyu, just don't take the federal money. problem solved massachusetts. bill: ok. this is a very interesting third story for miss megyn. 7th grader. where was it? where was she? >> california. throw up the shirt. she wear as pro life shirt to

school. keep this up there that's not the girl. this is a model. on the front of the church, there are pictures -- two pictures of fetuses and then the last one is gone. so it's obviously an abortion message. >> right. bill: the school sends her home. you can't wear it and we went over this before. i was a teacher. you can't bring in anything to a classroom that could be disrupted to the academic atmosphere and the school said this is disruptive. her mother is now suing and you say what? >> it's a tough case. this is a close case because teachers and school do have more discretion to ban speech than the general rule does than the general public and public employers do. it's a school setting and also -- this is a k through 8 school. right? you have got kin ter gartners, first graders walking around. was this disruptive? did it have the potential to be highly disruptive? you can see the school's argument? they had let her wear other pro life t shirts in the past without complaint. it was this one and i think it was probably the pictures that did it.

bill: there isn't really anything wrong with the pictures. >> no. it just shows the baby in utero. bill: doesn't show any baby fetus being aborted. >> you can see why people might fight that potentially disrupted bill. >> schools are given a great deal of latitude. bill: wasn't this a wear a t-shirt day. >> for pro life. i don't think it was school. it was the national pro life wearing t shirts. bill: pro-life day and she brought and did this. if you are the judge, kelly, and it comes across your desk, you say, what? >> this is a tough one. bill: make a decision here. >> i guess i would have to air on the side of supporting the school because they have to make these tough calls and they know the students better and they know the educational environment better but this is a tough one because it comes very close to content-based speech regulation, which is a no-no under the law. you can't stop a viewpoint just because you don't like it. biffle bill no, but as a teacher i know if you wore a shirt like that it would divert away the kids would be diverting away from the lesson into that. it would.

>> the supreme court a couple years ago upheld the banning of the sign bong hits for jesus, remember? that kid wasn't each on school property and they said the school could ban that. bill: it was illegal ability. >> it was disruptive. it wasn't on school property and this was. bill: reality on -- relate check on deck. al franken we will show it to you next. @ @

bill: reality check where there is nowhere to run if you are misleading the folks. check one, as you may know the dishonest al franken a u.s. senator now shameful. the republican party is seeking to exploit the situation and has released this ad. ♪

bill: violin playing there. the ad was pay paid for by the g.o.p. senatorial committee. check two dale a very liberal congressman from michigan was speaking to some school kids the other day. >> when i first entered politics 44 years ago in congress, 33 years ago, among ourselves, there was a higher degree of civility. and this committee is an example of good civility. but there has been a degradation of congress, too. limbaughs and the o'reillies, i might mention their program but but -- there is degradation of civility. bill: the congressman is a prophet also a pinhead. his crew far left zealots are the primary force behind the viciousness in the country today

paging give sarah palin a call. check three while on the subject of calls check out this 911 exchange bill: well, police finally responded to tammy nuddleman not making the name up. but instead of corralling the cows, they gave her a smuns summons for misusing 911. check four, at the jackson memorial service we saw wesley

snipes. but why is he not in jail? in april of 2008, the actor was convicted of tax evasion and sentenced to three years in prison. after more than a year he is still free pending appeal. our justice system at work. check 5. with california facing bankruptcy, the pot people want to help out. they really, really do. >> sacramento says huge cuts to school, health care and police are inevitable due to california's budget crisis. even our state parks could be closed. but the governor and legislature are ignoring millions of californians who want to pay taxes. we're marijuana consumers. instead of being treated like criminals for using a substance safer than alcohol, we want to pay our fair share. taxes from california's marijuana industry could pay the salaries of 20,000 teachers. isn't it time? bill: i would say it's high time. [ laughter ] bill: check 6, under the banner of no good deed goes unpunished,

we tell you the story of larry king and the homeless guy. >> mr. king, help me out here, mr. king. >> leave him alone, man. >> king does. >> mr. larry, mr. larry. >> come on, let's go. i have got to go. >> i gave you $5. good night. >> you owe me 20, bro. >> i tried to warn you. i tried to warn you. good night, mr. king. i gave him $5 and he gets mad at me. bill: here is my question. the homeless guy must have cable if he recognizes larry, right? how do you have cable if you don't have a home? check 7, thank you all for june. the factor's daily audience three showings beat letterman, conan, stewart, good morning america, nightline, and we're just 200,000 viewers behind

katie couric. amazing. thanks again. the reality is you guys make it happen. and that is reality check. pinheads and patriots up next starring an assault on mount rush more. right back with it. . . .

bill: time for "pinheads and patriots." i grew up with casey case some -- casey kasum. he was a unique american personality. he is retiring. he is a patriot. a group of global warming nuts warm the mount rushmore in south dakota. 11 members of greenpeace have been arrested for unfurling a banner over the national monument complaining about

global warming. police are charging them with illegal climbing and trespassing. i have a message for them. you loons, why don't you go to the great wall of china? that is where the problem is. finally, the mail. if you're vacationing, please check out my book, "a bold fresh piece of humanity." listen to it on audio in the car. after 37 weeks on the best- seller list, it is number six. the letters. bill: we are trying. his charity donations were foggy. we hope the family will release the charitable part of his tax returns.

bill: it speaks to the culture war. i want more elected officials getting involved in cultural issues.

bill: it is interesting. i got a few letters defending the oil con last night. i think most people are wising up because of the overwhelming evidence and i hope your wife follow suit. -- follows suit. bill: i will, chris.

bill: what is that like? i have never been grow too. -- grouchy. bill: i am sending you "kids are americans, to." please e-mail us your pithy comments. oreilly@foxnews.com. oreilly@foxnews.com. name and town if you wish to opine. when writing to us, here is the word of the day, please do not be odious. do not ever be odious, particularly when writing to us. never be odious. it is not a good thing to do. "the factor" continues at billoreilly.com. i am bill o'reilly and i hope to see you next time. the spinps