home tonight. that's it for this "special report," fair, balanced, andext, mr. bill o'reilly. >> bill: "the o'reilly factor" is on. tonight: >> god hates you! >> bill: more hate on display in america. a fanatical group that interrupts military funerals wins a court case. also, the fbi arrests nine people in a far right militia group. laura ingraham will analyze. >> no, i didn't say go ahead. i said you get away. >> you tried to take us to war. you ruined the country. >> the far left zealots from code pink interrupt karl rove's book signing in los angeles. >> you are going to rot in hell. [boos] >> bill: we will show you what happened there. >> christians! >> yes, sir. >> praying for god to kill barack obama. >> bill: and john stossel on what you cannot say in america. is there anything? >> the white right is trying to

set barack up to be is asass sin nateed. >> bill: caution, you are about to enter no spin zone. the factor begins right now. >> bill: hi, i'm bill owe rile live. thanks for watching tonight. hating america that is the subject of this evening's talking points memo. when you do violent things, you hate your country. it doesn't matter why you do them. violence itself is destructive to society. there is all kinds of violence, physical, mental, and emotional. the fbi has smashed a what whacked out militia group in michigan nine people. apparently the loons were planning to kill a police officer and -- crazy? off the chart. we congratulate the fbi for arresting these people assuming of course the charges are proved. the westboro baptist church

which hates gay people and believes god is punishing in america, won a victory in court. these disturbed souls from westboro disrupt military funerals so albert snyder, of york pennsylvania, a father of a marine killed in iraq sued the church for intention of emotional distress and inverification privacy. mr. smird won in the beginning and then lost on appeal. incredibly the court has ordered the insider family to pay more than 16,000ness court costs to the westboro people. that is an outrage. and i will pay mr. snyder's obligation. i'm not going to get this injustice stand. it's obvious those cranks at westboro were intentionally trying to hurt mr. snyder and his family. it's obvious they were disturbing the peace by disrupting the funeral. they should have been arrested. but our system is so screwed up, so screwed up that loons are allowed to run wild. now, mr. snyder is fighting the good fight. he is taking his case to the supreme court as he should. we are behind him 100%.

we'll have more in the is it legal segment coming up. there is far too much hatred in america right now. that's obvious. it comes from both sides. michigan militia and the westboro baptist church are far right nuts. there are just as much many far left idiots doing vial things. norman la boone charged with threatening to kill cantor. he wants to kill cantor and his family. now being held without bail. is he a nut. ideology may not be in play. however a brick was thrown through the window of the michigan republican party headquarters yesterday. obviously that's political. the point is that the situation in america is reaching critical mass. there is far too much hatred in the air. the press is obviously pumping up inappropriate things that happen on the right and pretty much ignoring hateful things on the left. bernie goldberg and i established that yesterday. but every member of the media should condemn all hate speech and violent activity. it is simply unamerican. and that's the memo.

now for the top story don't, reaction, joining from us rehabilitation fox news analyst laura ingraham. what do you think is driving the hatred in this country right now. >> when you talk about the freak groups like westboro baptist or the militias, we have to remember that both of them pre-date the current administration. right? westboro has been doing this for years. the militia group started planning its like paramilitary exercises in 2008. that's when authorities began to track them. so, this has been going on for some time. i would say that in the his dry history of our country or pretty much any country you will have the fringe elements that feel aggrieved in some way, bill. now we have the 24/7 media and all this new media coverage that gives them kind of a platform, right? it elevates their position visa i have let's say liberal activists or conservative activists. and what i don't like is when people try to kind of conflate the craziness of these whack

jobs and true conservative or liberal, frankly, ire about what's happening in politics or the cuferlt. i mean, there is a legitimate debate to be had. obviously what these people are doing is just beyond the pale. >> that's what the media is doing to the tea party is taking a legitimate protest group brand the tea party a bunch of racists and haters. not a scintilla of evidence to back that up. individual people may be doing something untoward which happens in every group. i think you made a good point that the media spot lighting these crews like westboro and we have done very little reporting on them just for this very reason. but the snyder family was assaulted. you know, look. lance corporal matthew snyder gave his life for his country in iraq. they bring his body back. they try to bury him the family is there these idiots interrupt the funeral. they are not charged with a crime. obviously they disturbed the peace. then they take it to civil court and they win the first case and

appeals court overturns it and charges court costs. i'm not going to sit here and take that. >> on appeal, appellate courts, i clerked for the second court of appeals. sometimes when you win appeals you do get jury awards. bill, it's hard to predict what the supreme court will do in any given case. on this case, i would be stunned if the court didn't accept this case on on setter youry to reverse it. >> bill: will i get my money back. >> you will get your money back. this is a time, place and manner restriction. you have a right to speak out and these freaks have a right to say whatever they want. they don't have a right to target private citizens at moments at this and at times like this. that's very different a reasonable time, place, and manner restriction is in order here. >> bill: what we are not dealing with in our society and i talked about this with stossel coming up later. we are not dealing with emotional and mental violence, all right? obviously for physical violence you can see it.

all right? there is other kinds of psychic violence. i think the media is doing some of that, too. you know -- >> -- well, i understand what you are saying, bill. one thing that i have to think we do have to be careful about. is there is a movement in some quarters, most of them are on the left i would say, not on the right to. intimidate people or make people feel self-conscious about speaking out. if you speak out and you criticize obama care and you are too inflammatory in your rhetoric or you put crosshairs on your facebook page like sarah palin, then you might as well be a member of a militia. i mean, and i think we have got to be very careful. >> bill: that's irresponsibility. >> when you try to circumscribe political speech, i say that's dangerous territory. now, what the westboro people are doing is very different. you can't find a legitimate conservative who will stand up and say what militias are doing is good or what westboro is doing is good. you compare that to code pink or the people who today or yesterday was it who disrupted karl karl rove's book signing and

screamed murderer and wouldn't let him do a book signing? >> bill: what i am trying to say is this, look. nobody but me, i make a living doing, this wants to inhibit freedom of speech. >> political speech. yes. >> bill: nobody wants to do that but when you get on the air and you say we have got to kill bush, we have got to kill obama, we have got to kill o'reilly or ingraham, we have got to hurt them, we have got to hurt their families, we have got to do this or that, that's over the line. >> bill, the media does not cover that you and i have been around the block on this. ed the media for years has basically ignored the threats and the vial assertions made from the left. okay? even when they really do border on inciting violence against individuals. the hateful things said on another cable network about individuals in the conservative movement. >> bill: you are talking about on msnbc and they traffic in hatred from sign-on to sign-off. >> exactly. >> bill: we know that takes place. >> yeah.

but more speech is better. i don't want to circumscribe their craziness unless it is truly inciting people to violence. what barack obama said to matt lauer in the interview that aired today. he targeted cable news and talk radio. he said cable news and talk radio, something like it inflames the extremists out there and speaks to the extremists. i know you might not be thinking but. i think he is talking about fox news and talk radio because both are effective. >> bill: nbc when they traffic in this all day long. >> is he not because he is friendly with them. he likes those guys. fox news he -- he is worried about effective political speech exposes what the obama agenda is doing. that's what i worry about. >> bill: okay. all right. laura, we appreciate your point of view in a moment while the mainstream media largely ignores as miss laura says hatred on the left. we have compiled a list that is disturbing to say the least. later, as mentioned, john stossel on what you should not

be able to say in america. upcoming.

>> bill: continuing now with our lead story tonight. political hatred in america. no doubt it's growing. mainstream media largely ignores crazy stuff generated by the far left because many media types sympathize with liberal politics. nevertheless, it is on the left that many disturbing things are occurring. here is some recent examples.

>> [chanting] >> get ann coulter off our campus. >> no more hate speech on our campus. >> bill: as we reported last week, conservative pundit ann coulter's speech in ottawa was cancelled by nutty left wing students who didn't want her to speak. the situation was ig ignored except for here on fox. >> i didn't say go ahead. i said get away. >> look what you did, you outed a cia officer. you tried to take us to war. you ruined the country. totally ruined the country. >> here is the deal. >> you are going to rot in hell. >> with all due respect, this goes to show the totalitarianism of the left. they don't believe in dialogue. they don't believe in courtesy. they don't believe in first amendment rights for anybody but themselves. >> bill: last night in beverly hills, a group of code pink nuts disrupted karl rove's book signing. police had to be called, the usual stuff.

again, did you see that on many news programs? i did not. >> the white right is trying to set barack up to be assassinated. there are christians. >> yeah. yes, sir. >> praying for god to kill barack obama. now they got him with a mustache like hitler. >> right. i thought i was the new black hitler. [ applause ] >> bill: a couple of weeks ago black muslim leader louis farrakhan once again incited racial hatred in front of 20,000 adoring fans in chicago. and, once again, fnc was pretty much the only national news organization to cover that story. >> today, those issues are at the heart of a conservative movement that is sweeping this country. >> shouting] >> and it's a beautiful grass roots movement that's putting government back on the side of the people.

[cheers] >> back on the side of the people. young man, stick around and listen to what we're going to say, sir, maybe you will learn something. [cheers] >> bill: sarah palin campaign for john mccain last week. another far left guy tried to interrupt and was ejected from the premises. there he is media coverage of this scant. scant, that was a lone nut. no big deal. hatred on the left is bubbling, no question about it. [chanting] >> save our bill. save our bill. [shouting] >> bill: in california, students rioting because they don't like higher fees imposed by the state. while we cannot brand those students left wing loons because we don't know who they are, the odds are they are liberal people

who are now getting hammered because california is in bankruptcy. why? because of liberal spending policies. can you say irony? can those college students spell irony? i don't know. truth is, bad behavior is all over the place. yet, do we hear about that on the network news? no. we hear about the tea party people. how bad they're behaving. yet, where is the tape of that bad behavior? it doesn't exist. as i said, in the talking points memo, there is plenty of hate on both sides, but this is a media scandal. one side gets scrutinized. the other side gets a pass. awful. in a moment, monica crowley and alan colmes will have analysis about what you just saw. later, nine children charged in massachusetts in a bullying case that led to a suicide after a 15-year-old girl hangs herself. coming right back.

>> bill: in the barack and a hard place tonight while the president himself is not a bombastic guy the policies are driving hard feelings in america. that's the likely with a reformist administration. the hatred is troubling. with us now is alan colmes and monica crowley. i ask you what i asked ms. laura. what is driving this hatred that

we're seeing more and more? >> remember, i think it originates, it goes further back than barack obama. can you face modern polarization to the vietnam war. with regard to the current state of affairs. remember when barack obama ran as president ran as a guy who would initiate a new set of politics and new way of business and whole new era of post partisanship. he has turned out to be the most divisive president in modern american history. what you have here is someone who campaigned on one side, on one approach and governing in a completely different way by shutting out the other side. not bringing them in. not listening to them. when you have the majority of the american people who feel dissed by the people who are supposed to be representing them when they feel they are not being heard or respected by their elected representatives, of course they will be angry, bill and of course take to the streets. are they there a couple isolated-whackos out there that engage in unacceptable behavior? of course. when you have 60% of the american people opposing obama

care. 70% according to a new fox poll say the government is getting way too big. they want those issues aired. and they are going to take to the streets in order to do it. when they feel that their elected representatives, whether it's the president or members of congress are not reflecting that concern or showing any kind of responsiveness to that, of course you are going to get anger. sometimes the anger spills over to unacceptable bad behavior, nobody is condoning that you have to expect the majority of american people aren't going to sit there and clap when they feel they are being dissed. >> bill: colmes, in case you didn't understand. >> speak slowly maybe big letters. >> bill: i was on' the edge. >> thank you very much. >> bill: obama administration not being responsive to the will of the people. >> people elected obama. he said what he going to do. he is doing change. elected democrats to the house and senate. they are doing what they said they are going to do. i think what is driving a lot of this is racism. i think when you hear the means about muslim. we have heard it all about not being born here.

we go down the list. i know you have talked about it a lot of times. i think there is too much racism going on. i think that is driving a lot of this now. >> bill: say you had to make a presentation. what part of the american population, put a percentage on it, in your opinion is racist? >> i can't answer that question because people don't say they are racist. >> bill: 53% voted for barack obama, a black man. so that's a majority. >> correct. >> bill: you are saying that the criticism of his policies is racist. >> it's a minority. a lot of them are being driven by an anger about -- you can't prove it because people won't say they're racist. and hate the fact there is a black guy. you have sotomayor. a white latino woman. >> bill: the tea party is demonized because a few people yell people. >> more than a few. i think it's more than a few. >> bill: we don't have tape to reflect that colmes. >> don't get that that trap. if you have the tape to reflect that, i want to hear it we don't have that. everybody had a camera and

everybody recording it. we don't have it? >> did you see the signs. the joker signs? >> bill: demonize the tea party people in front of the capitol. code pink shows up at rove in a vial way, that will get no publicity at all. >> code pink does not represent the left. lewis care off and on is not on the left as far as i know. >> bill: code pink what do they represent? >> they are not mainstream liberals. lewis farrakhan is not a mainstream liberal. something else happened in canada, that is not even the united states. jane fonda had a book signing people were in her face did, we talk about that someone -- >> bill: any time jane fonda gets in trouble we talk about it your reply? >> i am appalled by the argument that the opposition to obama's policies is racism. i find that completely outrageous, alan. you have no proof of it? >> there is plenty of proof. >> majority of american people, this just doesn't include republicans, it includes independents and growing number of democrats who are absolutely appalled by the growth of government under this president.

they see an intrusion into the free market. they see their taxes going up. they see an outrageous development of government to the point where their own individual freedoms are now being stomped on. that's why they are angry. >> bill: are you angry as monica crowley? >> i am. >> bill: you are? >> i am. >> are you angry, colmes? >> i'm angry what i'm seeing on the right. >> bill: you are not angry at the left. >> i'm not angry at the left because i think right -- i don't think there is quality here. i don't think there is a equivalency between the anger on the right and left. >> bill: you don't? even though all the clips we showed you. >> farrakhan is not a liberal as far as i know. rove isolated incident. what happened in canada, court should be allowed to speak. that is not in the united states. i do not see eequivalency happening as the attempt to portray it on the right. >> there looks to be some sort of systematic attempt to smear anybody who disagrees with the democrats' agenda and disagrees with obama. last year at exactly this time obama's department of homeland security issued a report to law

enforcement called right wing extremism. basically saying be on the lookout for anybody who opposes abortion, supports gun rights, illegal immigration. >> initiated by bush. >> this was published last year under obama's dhs. essentially creating people who might disagree with the liberal agenda as millimeter enemies of the state, bill. people do get upset. people want to exercise their first amendment right to disagree with their government when they think they're being violated somehow. >> bush administration published during the obama administration. initiated during the bush homeland security years. >> bill: okay. you, colmes, the anger on the left to me is much more demonstrative than on the right. because, on the right you hear it on talk radio a little bit but the tea party people have been pretty mellow. they have been pretty mellow. i mean with all the demonstrations that they have had, with all crowds that they have had. 10,000 people in nevada and there wassing nothing gotten on. >> the people making the calls to the congress people are they tea party people?

people making vial calls. >> bill: they are just nuts. >> there are too many of them. it should be uncomfortable to people on the right that this is now what is the imagery representing the right wing in this country. >> bill: i'm not seeing. >> i didn't hear colmes express the same outrage when 8 years of president bush when people were calling for his assassination. >> there is not equivalency. listen to my radio show and get you tapes i did say that i did not agree with calling bush a nazi. it didn't happen to the extent it's happening now by the right wing in this country. >> bill: barack and a hard place. john stossel on what you should not say in america. we'll take a look at whether any speech should be banned. and then, is it legal on nine kids being charged in a bullying suicide case in massachusetts. also, will there be a constitutional amendment overturning obama care? we hope you stay tuned to those reports.

>> bill: stossel matters segment tonights you may know our pal john is a libertarian. i talked to stossel about this last night. >> bill: okay, here is stossel, a libertarian, makes a good living, freedom of speech, so do i. >> thank goodness. >> bill: what things are not acceptable in that realm? >> inciting violence. if you go out on the tour with glenn beck, the bold and not so fresh tour and you say i want you to beat him up and the crowd does, then you can be prosecuted. >> bill: beat up beck, you mean? i wouldn't do that he doesn't deserve that so, if you incite

people to violence directly, not just here to rhetorically, you say, look, there is the guy over there and go get them and they get him then you are held accountable. if you say vial things, the "n" word, we had that last week. is that. >> if you say the "n" word in someone's face that could be considered inciting violence. but in general, in terms of protests, all those ugly words are legal. >> bill: you could be arrested for a bias crime, harassment using those kinds of words directly to an individual. >> that's true under the state hate crime laws. >> bill: right. >> that murkies -- makes the water murky. >> bill: you don't like the laws. >> a crime is a crime and trying to divine your motives is a mistake. >> bill: however, don't we all have the right to live our lives in public unfettered by nuts who will come up to us and yell things in our face? i mean, shouldn't there be. >> no. >> bill: some protections. >> i don't think so.

>> bill: so anybody can chase you down the street and say the most vial things, slander, libel, whatever it may be with your family and you have no protections there at all? i think verbal assaults. >> verbal assaults are criminal sometimes. >> if it's an assault. if he is in your face, you can say that is inciting immediate violence then it's illegal. >> how could you make that case? look the guy, the accusation was that the congressman walking into the capitol and the guys are standing there yelling racial inventricle that. now, again, we don't know whether that happened or not because it isn't on any kind of a tape. but we do think something happened. but if you are yelling gross insults at somebody, you mean to tell me that that should be legal speech? >> yes. it's a terrible thing to do and we libertarians don't advocate this but, yes. it's important to have free speech even when it's ugly because you don't want government saying this is okay. but this isn't. >> bill: government does that

now. supreme court has done that hate speech can get you charged. >> hate speech when you shout racist things and somebody beats somebody up is inciting immediate violence. >> bill: what if you say look, i want you to die, i want you to get hurt but you, yourself, are not saying i'm going to do that? >> that's okay. look what happened to bush during -- there was all this press now. >> bill: we saw the bush die and this, that, and the other thing coming from the far left. they ignore that now. that's a good point to be made. i think there has to be a code of some kind, you can't go up to somebody and verbally assault them with words. there has to be a line. >> somebody came up to me on the streets and said are you john stossel? yes. i hope you die soon. that. >> bill: that i wouldn't say is a crime because i kind of agree -- no, i'm not -- that is simply not the case. i would have a segment open on tuesday and we certainly don't

want that. if the guy said look, you are john stossel and here are your children and your children are with you. and i want you to die and i want these children to die and everything like that, you have a right to protect yourself against that person. yet, if you use physical force to restrain them, then you get charged with the crime. i think there has got to be a balance there. >> i think it's despicable if someone does that but i think -- >> bill: okay. you and i disagree. there have to be verbal assault statutes that say you cannot go over this line. they have to be well-defined. you went out and did a petition let's roll the tape and let it speak for itself. >> fans hydro monoxide it kills people every year. ban. it's killing people. >> i went to times square to see if i could fool people to sign a petition to ban water. almost everyone we asked signed. >> odorless, tasteless. >> we support a ban on that. >> i kind of tricked you here. you took chemistry here, right?

what's hydro monoxide? >> water. >> bill: so you mocked these people, stossel. that's what you did. >> that was a big football -- >> bill: i wouldn't know that. i flunked physics. you are going it's bad with a clip board and everything? >> this is for my show thursday where i point out junk science how people are ignorant about science. >> bill: i am. >> sell them a bill of goods. >> bill: you are nice. you are john stossel and they trust you and they sign your thing. stossel with a mustache. >> every time this has been tried 80% of the people ban water. >> bill: they ban water because they don't know what they are banning and you are mocking them. >> well, and what are we doing with our global warming legislation saying the drilling -- republican junk science in anwr energy independence. >> bill: if you see this guy come up to you, you be careful. he is not looking out for you like i am. >> yes, i am. >> bill: john stossel, there he is, thursday night, everybody. when we come right back, busy

night for is it legal. bullying case results in nine school kids being arrested. then, charles krauthammer on why government-funded health care is not working in massachusetts. moments away.

>> bill: thanks for staying with us, i'm bill o'reilly in the is it legal segment tonight. lots of stuff in the air. suicide of 15-year-old phoebe prince. came to the boston area from ireland last year. apparently she was bullied and taunted constantly and the school that she was at, the authorities did not intervene. they knew about it. in the face of that phoebe hanged herself last january. now, nine kids have been arrested in connection with that suicide. with us, attorneys and fox news analyst kimberly guilfoyle and lis wiehl. i'm a former teacher as you knows. this disturbs me. i had a lot of bullying in my

high school when i was there i punished those kids harshly when i found them. but, here, this young girl, this has gone on for a long, long time. internet driven, right. >> no. it wasn't internet driven. some facebooking, and actually facebooking by these kids after she hanged herself as if it was a joke on facebook. most of the activities actually happened on the school grounds. >> bill: face to face? >> face to face. calling her, you know, names i can't name here on the show. throwing beverages at her. following her after school. horrible, horrible things and on the facebook as well. >> bill: let's get to the charges. two of the teenagers are charged with statutory rape which means they had sex with her so the authorities allege. and then they talked about it at the school. i think that was probably. >> right. she had sex with one of them. that was the start of it they made fun of her for that and taunted her for that then two of them were actually -- >> bill: other seven were charged with what. >> interesting civil rights violations, meaning she is just trying to go and exercise her right to go to school and you

can't take that right away from her on the school grounds. they were charged with harassing and stalking. the civil rights violations though carry up to 10 years maximum. >> bill: guilfoyle, let's talk about the school's culpability and the parents what their role was. >> right. the district attorney in this case said that the behavior by the school and lack of action in terms of trying to do something to help this young woman is appalling. it's troublesome. they are looking into investigating whether or not they can file charges. but, they did not directly harass or do anything or assault or stalk this girl, correct? >> bill: they just didn't stop it. and they should have. >> bill: of course. >> i think the parents should sue the school civilly. i don't believe the d.a. is going to be able to bring any charges against the school. you know what? i think the principal, the superintendent, and anyone who knew about this, kick them out. >> bill: fired right away. >> zero tolerance. >> bill: let's talk about the parents though. if it's my daughter i'm not letting her go to school. i'm filing a lawsuit way before.

these were irish immigrants. people not sophisticated in our country. do we know anything more about the parents and what they tried to do? >> they did go and try to intervene. they went to school officials. >> bill: they did? >> and so did four students let the school know that this was going on. they tried to intervene. they tried to stop this before the tragic ending. this is a freshman girl trying to assimilate in a new school and she dated a senior that was a football player, one of the boys -- >> prosecutor doing a great job in this so far. she could have charged criminal negligence. >> bill: criminal negligence against the principal after the parents had the meeting and brought in the proof. we will watch the story. guilfoyle, we have been following the story of a 11-year-old in pennsylvania took a shotgun given to him by his father, kills the father's fiancee pregnant 8 months at the time. now this boy is 12 and he is going to be charged as an adult with murder. >> yes, he is. because, under pennsylvania law it's automatic after 10 years of age that you will be tried as an adult unless a judge

interconvenience, interseeds and says no i'm going to have you tried as a juvenile. under juvenile law if he was to proceed in that fashion, he would only be able to be held until the age of 21. the judge pointed to the lack of remorse, utter disregard for human life. premeditation. >> bill: the kid has no remorse. >> none so far. obviously he is disturbed. the judge is saying -- however, under pennsylvania law, murder one, murder two. you could face life without possibility of parole. murder. >> bill: going in adult court and defense attorney will probably plead insanity. >> try or -- he could be held for lifetime. >> bill: pennsylvania law no 11-year-old is allowed to a firearm, why isn't the father charged. >> i actually spoke with the attorney general's office. they're the ones handling this case. they made a couple of good points. one is they could be charged in the future. >> bill: the father could be charged in the future. >> could be charged. they didn't want what they called a side show right now. said, look, you know, i'm handling a double homicide in a small town.

>> bill: because the unborn baby is -- >> exactly. so they're putting the father's case away right now to concentrate on -- >> they could come back. >> up to five years. >> bill: okay. now, wiehl, idaho, butch otter, the governor, he wants a constitutional amendment to overturn obama care. now, in this country, got to have two thirds of the state ratify that by direct vote, correct? >> exactly. and you know we have had 27 amendments to the constitution since, you know, our great country was founded. so it doesn't happen very offensive at all. right now, bill, it's more symbolic than anything else. the only thing i would say though is because some other states have already along with idaho filed suit, saying we think this is unconstitutional. >> bill: i don't think they would get a constitutional -- i don't think they would get two thirds of the states. they are not going to get the liberal states to do that. >> nevertheless, they should be applauded for trying to do something and be proactive

because congress acted in total disregard. >> bill: it's a partisan statement. >> nevertheless, you have to be able to use legal recourse when you feel. >> bill: i have no beef with it. i have no beef with it. if you don't like the law and you are an attorney general elected, okay? >> right. and you have got your legislature say you want to pass this, of course. >> and how about this. >> bill: see how the system works. >> how about disregard for the constitution as it's presently written. there are arguments being made right now. >> bill: i said that way back last summer. the imposition of have you to buy something by the federal government without a public safety component like car insurance. >> sure. >> that's something the supreme court can do with rather than constitutional amendment. >> >> bill: they should. finally this thing we talking points memo, the marine who was killed in iraq comes home, family wants to bury the marine. and this westboro church comes in and does all this stuff. first, wiehl, they won the case, right? the snyder family won the case. >> they won millions and millions of dollars.

>> 5 million. >> actually won more than that and brought down to 5 million. >> the appellate court threw that out. okay in the supreme court is going to be taking a look at it meanwhile, this poor father who filed this lawsuit with all good intention, i believe, is now stuck with this bill. it's absolutely outrageous. >> there is a picture right there. it's $16,510 to pay the photocopying. >> >> bill: i want to put the three judges pictures up there that made this ruling because this is disgraceful. judge robert king, judge dennis shed and judge alison duncan. there they are. they overturned. okay. take it so the to the supreme court. don't punish the family by court costs. >> outrageous. >> the only time a court really should be able to do this under the rules of the federal evidence rule. >> bill: it's a frivolous things. >> these judges are pinheads. >> it's clear there was a basis. >> bill: snyder family has us on

their side. >> good. >> bill: we will take it to the end. ladies, as always, thanks very much. we appreciate it if you would like to help the snyder family. there is a web site set up. matthewsnyder.org. in a moment charles krauthammer on why the massachusetts health care deal is not working. peta and the octomom came up. whoa, you are not going to believe it right back.

>> bill: inside story of why universal health care in massachusetts is having so much trouble. obviously with obama care now the law of the land, this is an important situation. joining us from washington, fox news political analyst charles krauthammer who has reminded me it is three quarters of the states, not two thirds as i erroneously reported for a constitutional amendment. >> i was indulging in a bit of at the san tri peasant tri there. >> bill: i make mistakes all the time and guys like you have to correct me. is the massachusetts health care deal a total failure in your opinion. >> it's not total because it's insuring a lot of uninsured. the failure is that the state is going to go bust. it cannot afford it look, when it was introduced in 2006, the projection was it would cost 8 million. well, you know -- 88 million.

the treasury of massachusetts is going to be requesting to pay for it in 2011 over 900 million. approaching a billion. the only reason that the state isn't in default is because it's getting bailout subsidies through medicaid from the feds. >> bill: what is driving? 88 to 900 million -- billion is a pretty big mistake in estimation. what is driving all the money that is needed for the massachusetts health care program? what's behind it? >> it's rather simple. there are a lot more uninsured than the government had imaged. and secondly the amount of subsidies required is higher than imagined. remember, bill, this is not unusual. when medicare was passed in 1965, it cost 3 billion a year. the projection at the time from the cbo was that in a quarter of a century it would cost 12. it would go from 3 to 12. in 1990, which was a quarter of a century later, it costs not 12

but 107. and in the two decades since it has increased by over 400% over that. >> bill: that has been my real problem with obama care from the jump. i never believed the numbers. you never believed the numbers. and i see the country hurdling, and i use that word literally towards bankruptcy. one more question about massachusetts, because this is fascinating. it has that state, the bay state, not a large urban state, i mean, you have got boston, but the rest of the state is basically regular towns, regular working class folks. the highest health cost -- health care cost in the nation, higher than california, higher than new york, why? what's driving massachusetts health care costs that high? >> because when you insure everybody, and you essentially, you are pooling all of the costs, you are going to end up

with a lot more per person, per family as a result of the increase in costs. look, one of the arguments in favor of this kind of nationalizing health care is that the uninsured today are in the emergency room all the time using up all those resources. if you institute this kind of insurance, the rates of utilization of the emergency rooms will decline. well, it didn't. in massachusetts, in the last two years, it's up about 17%. so, everything is increasing. look, you are increasing demand but the supply of hospitals and doctors and -- i on decline. that means you don't have to be a genius to know that means increase in cost increase in cost and increase in premiums. >> bill: did you see my interview with congressman weiner when we went around and around with the irs enforcing

obama care? did you get to see that? >> yeah. he didn't exactly want to answer that. >> bill: okay. well, the next day they came out and they said the irs came out and said oh, no, we are not going to audit anybody. this is really slight of hand. the irs says no, we are not going to find anybody to find out if they have health insurance. not a matter of auditing, you have to put on your tax return or job application whether you have it or not. and they are going to have the date pa base, the irs. why and i only have 30 seconds in your opinion, charles, why do they not want people to know that the irs is going to be behind enforcement? >> you don't have to be a psychiatrist to answer that one because people don't like the irs. and the idea of adding the -- another way for the irs to go after you to inspect you, to look after all your affairs, and then to charge you, if necessary, is not an appealing one. that's why no one wants to admit it the only other answer is to say well, it will register your noncompliance but it's not going to impose a penalty.

in that case, all of the stuff is a phony. they there either is a penalty or there is not. >> bill: they say they are going to take your tax refund away from you. who is going to do that? who is going to take doo that? >> it's got to be the irs and that's the real monday. >> bill: charles thank you very much. pib heads and patriots on deck. octomom and 14 children may lose their homes. she is teaming up with peta for business. wait until you hear this next. b

. bill: time for pinheads and patriots. our auction for two wore any charities is over of the last autographed cover of my upcoming book, was won by gerard hall from durham, north carolina who bid $5500, i will match that. all told shoe box and u.s.a. cares will get $57,000. everyone who bid is a patriot,

thank you. things are not good for the octomom. she gave birth to eight babies last year on top of the six she already had. now she is in dinger of losing her home, having -- in danger of losing her home, having trouble paying the mortgage. peta is giving her $5,000 and veggie hot dogs in exchange for free publicity. they put this sign on her lawn. it says don't let your dog or cat become an okay toe mom, always -- octomom, all the spay and neuter. is she a pinhead are they pinheads, you make the call? last night the winning bid on the book cover was made by cecilia hilton. i mispronounced her name so badly i called her evelyn. obviously that is not good. cecilia is a pate -- patriot and should never be confused

with evelyn who we don't know. we give you clues, you guess the deal the first one who solves the mystery wins a ton of gear. pmers get the no spin news on bill o'reilly.com or give you stories we don't have time for on the factor. the mail: ryan: al sharpton had a good point about elements of racism in every organization. i'm an independent i thought the debate was riveting. donna: as a tea party member i'm worried about out of control spending, intrusive laws and my tax dollars may pay for baringses. our leaders in washington may have thin skins but i don't care what the color is. patrick: sarah palin saying reload is a chant of violence then president obama saying fired up and ready to go must be a call to arson. good letter. jim: last night you should have called al sharpton out for his

misstatement about having seen the tape with racial invective on it. there is no such tape and you have thrown him off the set. should i? i clearly told al sharpton, it didn't exist. as for tossing him off the set that would have have given the far left forces a huge victory that becomes mass propaganda. we won the debate last night because we had facts on our sigh. no further action was necessary. pat: laura ingram takes a stand in what she believes in you should try more of that we don't take stands here? we don't defend what we believe in? good grieve man, what kind of kool-aid are you drinking? get a grip. mark: hey bill, there you go again letting the rich get things while folks stand around. we can't afford to bid in those auctions you hold, why den you hold a raffle? too complicated, a raffle, i

realize the auctions we hold to raise money for military charities are won by affluent americans. but there's a greater good. we've raised close to $200,000 for wounded warriors opens shoe box and u.s.a. cares the auctions are quick ways to do that steve: i bought bold fresh a long time ago when are you going to thank me. here's a special thanks, everybody is sensitive these days. steve: the factor is keeping me in the know, helping my knowledge to grow when facts need exploring, bill is never too boring and his pithyness pleases us so. excellent steve, signed copy of bold fresh on the way. also please e-mail us with pithy comments from anywhere in the world. o'reilly@foxnews.com. when writing please do not be

a sophi is st. the spin stops right here because he are >> a very good wednesday morning to you, march 31, 2010. it's already the end of march and we get the fox news alert. president obama reportedly wants to open up, this is a fox news alert. huge areas to off-shore drilling? but remember when he was out on the campaign trail, he didn't like that idea. >> what wouldn't do a thing to lower gas prices is john mccain's new proposal, a proposal adopted by george bush as well, to open up florida's coastline to off-shore drilling. >> well, why the open change? >> indeed. meanwhile, the father of a marine lost his son and had to endure picketers at his son's funeral. he's forced to pay the picketers' legal bills? >> no church or nobody in their right mindou