good morning. it is tuesday, may 22nd, 2012. welcome to studio 57 at the cbs broadcast center. i'm charlie rose. a new era is launched overnight. the privately funded space rocket successfully lifts off. i'm erica hill. diocese around the country taking on the obama administration taking over the birth control. plus, controversial new guidelines say men should not be routinely tested for prostate cancer. and i'm gayle king. facebook stock takes a major hit. what's going on with all this unfriendly? when i see you at 8:00, we'll go

searching for something very hard to find, peace and quiet. but first we begin with today's eye opener, your world in 90 seconds. >> this is not a distraction. this is what this campaign is going to be about. >> president obaa defending mitt romney's attack on his record. a firestorm sparked by newark mayor cory booker. i'm very upset that i'm being used by the gop this way. when i went head to head with mitt, it didn't work. i'm a little surprised that president obama is doing it. i think what cory booker is telling us is the truth. and launch. the first spacecraft into orbit. facebook stock closed down more than $4 a share. that's a one-day loss of 11%. >> i already have a way to maintain superficial relationships with people i secretly hate. it's known as coming to work. survived a plunge over

niagara falls. only three people have done it before without barrel for protection. a small crash taking down pow irlines and narrowly missing several homes. all that -- >> whoa. crashed into an lapd police officer. some of these gop operatives, shaun, they seem to have the fighting of mr. -- >> told you were too hot for this office. >> i believe ryan seacrest is trying to kill me. i believe he's trying to kill america one kardashian at a time. thank you. welcome to "cbs this

morning." they're going to send a private space mission. >> the space rocket lifted off early this morning on an unmanned supply mission. mark strassmann is with us. good morning. >> good morning. nice to be here. a launch of of what could be a new era of american spas flight. spacex hoping to become one of nasa's companies for the space station. >> reporter: this time the astonishing but familiar sight of a rocket, launching skyward, fire curling underneath carrying dragon's space capsule. the dragon capsule carrying 1,000 pounds of nonessential cargo, primarily food and clothing, will navigate for two days within reach of international space station's 58-foot robotic arm. the mission hopes to become the first commercially operated capsule to do so. a small step for space travel,

one giant leap for privately owned commercial enterprise. spacex is the brainchild of ian musk. >> i think this is parallel to the internet in the mid-90s when the internet was created but then the introduction of commercial companies really accelerated the growth of the internet and made it accessful to the mainstream. >> reporter: the launch is a final test. it will allow them to collect on a $396 million contract to develop a cargo ship and enter into a $1.6 billion contract with nasa. he found that musk's goal is grander than just cargo. >> you know what i notice about your cargo ship is that it has windows. >> yeah, absolutely. the windows are there in case there's an astronaut on board to look out. >> but people don't put windows

in cargo ships. >> that's right. >> reporter: what this tells me is this was never intended to be on a cargo ship. >> reporter: with a shuttle fleet retired we have to depend on soyuz. the future contract is to carry future astronauts through private companies like spacex. if it successfully docks with the space station, it will stay about a week. until this morning's launch, only three countries have pushed them, the u.s., russia, and the chinese. they object to part of the health care law which requires employers to require birth control in their health insurance. catholics say that's not what they believe in. >> we should be exempt because of the constitutional protection

of free exercise of religion. this is something that's absolutely bedrock to america. >> new york's cardinal timothy dolan, president of the u.s. conference of catholic bishops is with us. welcome back. >> thank you, charlie, erica. thanks for having me back. appreciate the invite. >> you make that argument. the president and others have said it's about women's health. what is it you want the administration to do. >> sure. thanks for drawing the distinction because we've been pretty clear, charlie and erica, that this is about religious freedom, all right, it's not about contraception. our catholic relief service knows it's about human trafficking. our refujs know. our catholic charities know it's about soup kitchens. it's about the ability of freedom. what we worry about, charlie, not so much, we do worry about

the president's initiative to provide contraception free across the board, but that's not question. what we're worrying about now is the exemption given to the churches is so narrow and it's all presumptuous that the bureau of the federal government is attempting to define for the church the extent of its ministry around ministers. it's that exemption, the straight jacketing, hand cuffing characteristic of that exemption, charlie and erica, that we find to be very dangerous. >> if the president said, look, i'm trying to compromise here, i'm suggesting that insurers pay for contraceptives, that's not far enough for you. >> that's rather superficial. he and i have had this discussion and i appreciate his courtesy in speaking about it. it's not enough, charlie and erica, for two reasons. first of all it doesn't help too

much because most catholic entities are self-insured so we're going to be paying for it anyway, but second it gives attention to things that we find to be so strangling. they tell us if you're really going be considered church, if you're going to be really exempt from these demands of the government, well, you have to propagate your catholic faith and everything you do, you can serve only catholics and employ only catholics. we're like, wait a minute, when did the government get in the business of defining for us the extent of our ministry. it's like we're being punished for serving a lot of people and we don't ask for baptismal certificates at the door. if we mitigate the strangling natures of those definitions for exemptions, we could say at least we can preserve our ministries and services. >> how much have you had in

conversation? the last time you were with us, you said a long time you talked to the president, there were all these changes and you haven't talked to him since. have you reached out specifically to president obama to again say here's where our problem is? >> yes, and i appreciate the president reaching out. he doesn't want his administration to impede the good work that we do. haven't talked to him personally since mid-february, but we have taken up his invitation for the offices of our bishop's conference to continue to meet with his white house staff which we'll keep doing even though we're a bit frustrated that there doesn't seem to be significant progress. >> do you think there would be less frustration if the two of you could sit down in a room together? >> i'm always willing do that but we've heard the from the white house this is all you're going to get. if that posture would change,

say the word. i'll be down to washington. >> do you think white house has misled you in any way on this? >> i hate to question the president's sincerity. i think i believe him when he says he highly regards the work of the church and doesn't want his administration to impede in that. i worry that members of his administration might not particularly understand at the horror of this restricted nature of the exemption that they're giving us, that for the first time we can remember, the bureau of the federal government seems to be radically intruding on what the term of a church is. we can't seem to get that across. >> he's a phone call away from you. you're the cardinal for the archdiocese. let me ask you a question. there was a question about secretary sebelius. what's the problem there, having her come speak. >> well, i do think that's a problem. georgetown is the oldest

catholic university. when they would invite someone who has used the word "war" in describing the relationship between the government and the catholic church and when they would invite someone that is so dramatically at odds with one of the central tenets of the faith, that does bother us. i think we're disappointed at that, but we're not shocked because unfortunately we've got to admit some of our catholic universities, thank god, not many, have been moving toward a more secular model where they would take their cues from what's happening in contemporary events instead of the timeless wisdom of the church. i'm afraid that's what might be happening here. >> it's good to see you. >> thank you, charlie. it's always good to be with you. the bagels are great. >> how many did you have? >> none of your business. are you intruding in the life of -- >> invading in your privacy and your choice.

>> that's exact will i what he's doing. thank you, cardinal. as the nato convention ended president obama flew joplin, missouri, where he congratulated the graduates. >> you've had to grow up quickly over the last year. you've learned at a younger age than most of us that we can't always predict what life has in store. no matter how we might try to avoid it, life surely can bring some heartache. and life involves struggles. and at some point life will bring loss. jan crawford reports that of the democrats are not as enthusiastic, jan, good morning. >> well, good morning, charlie. the president has taken some heat from his own supporters over ads that have been

attacking him and his business and his private equity firm bain capital. but i have to tell you, yesterday the president did not back down. >> this is not a distraction. this is what this campaign is going to be about. >> speaking to reporters in chicago, the president all but threw down the gauntlet. >> when you're president as opposed to the private equity firm, then your job is not simply to maximize profits. your job is to figure out how everybody in the country has a fair shot. >> the obama campaign has made romney's work at the private equity firm bain capital central to their attacks. yesterday it released a web ad that highlighted bain-owned company that shut down a plant. >> they did not care about us as workers. they were looking at the almighty dollar. >> but some have criticized his attacks. >> have you had enough of

president obama's attacks on free enterprise? his own key supporters have. >> that ad include those who defend the move including newark mayor cory booker. >> even obama's own supporters have had enough. >> it's nauseating to the american public. enough is enough. >> romney argues the experience of bain. it took staples, domino's, and sports authority profitable. but the obama campaign is high lights the failures like new jersey steel. he's faced this attack before going back to his 1994 senate run. >> you're not creating jobs. you're taking away from us to put money in your pocket. >> and more recently from newt gingrich in the republican primary. >> for tens of thousands of

americans, the suffering began when mitt romney came to town. >> now, romney campaign officials say they've been expecting this fight and they tell cbs news they're ready for it. president obama gambled with taxpayer money and lost, hurting the economy and costing american jobs. >> jan, thank you very much. joining us now host of "face the nation," bob schieffer. good morning. >> good morning. >> what do you think of the battle of the obama campaign and the romney campaign. >> we are where we are in terms of politics. you know, charlie, i think most people understand that mitt romney is not the robert barron that the democrats would have you believe, nor is barack obama the socialist that the republicans would have you

believe, but, you know, the obama campaign has done just what cam pans do on this. they've polled on this. they're vulnerable. will it continue? i think we'll find out from the polls this week. i'm told over 4,000 people have seen this ad on line. by the end of the week, the obama people think it's going to really begin to resonate. if it does, they'll continue this. and if it doesn't, they'll dial it back. that's just how it is in american politics today, but i mean excuse me for trying to see the bright side. we saw this, charlie. we saw the republicans roundly denounce the plan they had to launch this race-baiting campaign to try to tie it once again to jeremiah wright. now we're seeing people on the democratic sight denouncing this saying, wait a minute, this has gone too far. but this is the era of negative

politics and it's gone too far. >> and we've heard from both sides it's going to continue. what about the concern over whether or not this is a fine line for the obama campaign because in some ways it could be attacking the capitalism. >> well, again, this is about where they think they can hurt the other side. they're going to continue do this. have they gone across the line? they'll find out and make their own conclusions later in the week after they've polled. if they think they've got something that can give them the advantage, i will guarantee you, erica, the obama administration will continue right on. if they think -- and the polling shows they've gone a step too far -- then they'll dial back. >> bob, the conventional wisdom is this is a very close race now. do you accept that? >> i think it is very, very close. i think it's still to be decided. i think -- i wouldn't bet your

money, charlie, and you've got a lot on how this comes out. >> oh, stop attacking the rich. >> you 1%ers. >> bob schieffer, thank you so much. >> thank you, charlie. crawford is expected to step down in a few months. crawford was the top u.s. envoy in iraq, pakistan. it's not clear why he's ending. they agreed on an exit strategy. it's time to show you some of this morning's headlines from around the gloechblt britain's guardian says they're close to a deal on inspecting iran's nuclear site. tomorrow iran and six world powers meet in baghdad to discuss the tensions. several california school districts face severe issues or

bankruptcy. u.s. today says drive-throughs are turning big profits and not just for burgers anymore. they're being used by designer coffee houses and convenience stores. drive-through sales grew 3% last year. in india, it's reported dangerous overkrougd on mt. everest. four died over the weekend from apparent exhaustion and

>> announcer: this national weather report sponsored by the u.s. postal service. government scientists say a routine test for prostate cancer is so unreliable, men should not take it. we'll get the american cancer society's view of the controversial new guidelines and talk with a survivor who believes the test saved his life. and the supreme court says

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he got 30 days in jail for spying on his gay roommate who killed himself. >>

you know that guy, that facebook guy mark zuckerberg, you know that guy? got married over the weekend. how about that. yes. he -- his company goes public, he's now worth $100 billion. then he gets married. may not be as smart as we thought. >> welcome back to "cbs this morning." wall street will be watching facebook again this morning after shares fell hard and fast on monday. the stock finished the day 11% lower than its initial offering price on friday. >> rebecca jarvis is here to tell us what's going on with the most talked about ipo in years. so what's going on? >> i think what's going on ultimately here is an oversupply of shares. there wasn't the demand that was

anticipated from institutional investors, and those are the investors that buy into these ipos and keep the price afloat so that the retail investor, people like you and me, can buy it and can feel safe, comfortable, and is a stock that can continue to grow. if you think about it, it's very in the housing market there are too many home on the market and there's not the doond demand and prices have dropped so it's very similar in that respect. >> what about questions about the economic model of facebook and whether they'll be able to monetize the fact that they're going to have 1 billion people? >> that's the long-term story here. the long-term question with facebook is can they figure out a way to grow their advertising base because right now 85% of their sales come from advertising and growing their user base is not enough to say to advertisers, would-be marketers, hey, come play with us, advertise on our platform because so far not every advertiser has seen the ability

to make good on that investment, to make money off of it. we heard as i reported earlier, general motors has dropped some of their advertising off of facebook because they don't see it paying off. that's a big question because it's an untested water. >> for people who got in at $38 and saw it drop, was it a smart investment? >> right now in the near term it looks like if somebody was trying to buy into facebook and make money in the near term, no, it was not a smart investment because they've lost money already. the big lesson here, the frenzy, the hype, stay away from it. generally speaking, you're going to lose on that front. >> there's also this question about facebook, whether they will be able to become a kind of search engine in their own right. >> and that's part of their -- where their money comes from, charlie. advertising is exactly why they want to be a search engine, it's exactly why they want to play in the universe.

google plays in because that is for both of the companies. advertising is the big source of revenue, and sending people to different locations on the internet as a search engine is what makes you money in advertising. >> speaking of that, i ran into larry page yesterday, the ceo of google, and this is what he said to me about the competition between google and facebook. >> so are you worried or not worried about facebook's competition and search? >> i -- you know, i think that -- i think that it's something we take seriously like people's social media. i think it's unfortunate that facebook has been pretty closed with their data, you know, and i think we would certainly -- we're in the business of searching data. we don't generally turn it down when it's offered to us. so i think in general we'd like to see content on the internet beng made more open and so on. you know, we had an irv of them over contacts where they -- you

know, from a user's perspective, i'm joining facebook and i want my contacts. google says, fierngs you can get them from google. the issue was facebook said, no, google, you can't do the reverse and we said users don't understand what they're doing. they're putting data in and they don't understand they can't take it out. so we said we'll participate with people who have reciprocity. we're still waiting. >> for them to offer reciprocity. >> yes. >> do you think they might in the future? >> i mean i hope so. i imagine they will be forced to eventually if -- you know, if they don't choose to. but i think the idea that, you know, you hold your users hostage and they have some reasons for it that don't make sense. >> what are their reasons. >> they claim it's a privacy issue, but it's not really. they do it with yahoo!. they just don't do it with us. i think, you know, you don't want to be holding your users

hostage, and we felt that -- we want there to be a competitive market. we want other companies to be able to do things. we think it's important that you as users of google can take care of data. you can take it out if you need to or take it somewhere else. >> this might be one o ever the very great competitions in business, facebook and google and amazon and apple. any trust questions as well. today's new yorkx, they weigh against google. >> there's antitrufts questions about how powerful gaggle is becoming in europe and if the antitrust questions are answered in the affirmative that google has become too powerful in europe, it could certainly have an effect here. facebook has been facing those questions. but facebook, too, has its oven lawsuit. it's class action lawsuit that came up a couple days ago as the ipo was viewing. both involve privacy.

the sources that i speak to say once these are decided we're going to know the future of these companies because we're going to know if they can continue to do business the they do it or change the model. if they have to change the model, it will be lesser income, lesser revenue for their companies. >> thank you for joining us this morning, erica. there's confusion over a recommendation for a prostate cancer test. we'll ask cancer survivor digger phelps about it. tomorrow we look at a possible cure for hiccups. you're watching "cbs this morning." [ male announcer ] if you have yet to master the quiet sneeze...

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witnesses say a man jumped over railing at niagara falls, plunged 180 feet on monday. remarkably he survived and is only to be the third person ever to go over the falls without a safety device and survive. police do think it was a suicide

attempt. the man is hospitalized in critical condition. welcome back to "cbs this morning." quite a story there. there are controversial new medical guidelines out this morning aimed at every man in america. a government panel says men should not have routine psat screening tests for prostate cancer. >> this disease is the second leading cause of cancer in the united states. it kills 33,000 men in the u.s. each year. with us is former notre dame basketball coach and prostate cancer survivor digger phelps. i'm belized to have both of them here this morning. so what are you saying. >> well, i don't speak for the task force but what the tax force said when they look at it, there are actually more men harmed than helped by this test. >> harmed how? >> unfortunately a number of men identified as having prostate cancer has a disease that is ptreat order cured.'t need to be

many of those men are treated. the treatment can cause heart attacks, it can cause blood a number of things can happen when you start getting medical interventions that you don't need. >> digger phelps, what do you say? >> i say personally my experience, april 28 two years ago i found out i had prostate cancer. and what i did was go out to the university of seattle and the cancer research center and looked at all the options and decided to do the robot surgery. but, charlie from april 28 to june 8, the fear of the unknown was a living hell for me,. once the surgery was done and they said we took care of it, it's out, then june 11 i got the biopsy report back. i didn't know this, but every capsule in our layer has four lairs. my cancer was in my third layer ready to come out the fourth. they say that they got it out and they checked 15 lymph nodes.

i started doing physicals twice a year when i turned 60. so this was back from october to april. my psa jumped up from 2.0 to 3.44. that took the blood tests and all the other blood tests they do with a physical. the physical part took 15 seconds and the tenderness was there. that's when i knew there was an issue. but the point is this. if i had waited from october to october, that cancer could have come out of that layer and spread, and that's the concern i have. the second part of this is the cancer awareness, especially prostate cancer awareness. charlie, women are all over this. one out of eight women have breast cancer. you see pink everywhere doing developments every year. one out of six men get prostate cancer and i say on the sixth of every month we should be wearing blue. if you go back to this past college basketball season, the black men in this country

coaching, the african-americans, the last week in february when they found out the awareness, one out of five get prostate awareness. what did you see in the last month of february? every coach wearing a blue tie for the awareness. so as far as u i'm concerned shlg this information -- men are may choe. they don't want to hear, oh, i've got to get a test. now i think we're taking a step backward and more are putting off the awareness of check yourself out. that's what bexothers me about this. >> we hear about men being macho. it's hard enough to get men to the doctor. are you concerned about men going for a regular check up? >> i'm more concerned that it's giving men a reason not to trust us in medicine. this is a test that actually leads to acts of interventions that could kill more americans than help more americans. what the task force is against is routine screening. what i prefer to see is called

selective screening in a physician/patient relationship. we need to tell men the oh pen chal risk and benefits and let them make their own decision. we need to not dupe them into thinking there's always been fit with this and every ebb's going to get help. some are going to get killed because they get the test. i think the awareness has gone a little overboard. i'm prone awareness, but i think we need to be smart about this. tell men there are risks to this tests, there are scientifically known risks. the risks are better proven than the tests right now. >> digger phelps is shaking his head. digger? >> i don't think there's nothing wrong with the test. you throw in a psa. the physical take 15/seconds when you take a look at what's going on with these men doing it. now you're backing men away who completely say, oh, i don't need

to do this. i disagree because i'm a survivor. tubby smith took care of it. jim boeheim from syracuse. jim calhoun from connecticut. we're role molds. we say, listen, marng step up to the plate and take a swing. take the exam and let your doctors decide. men who are macho, they're going to go backward on this altogether and they've not going to do any testing. >> you're wired about men who might have the risk of prostate cancer and not going in to see their doctor because they don't think a test is necessary. but it seems you agree on one point. you ought to talk about this with your doctor, as to whether you need a test or not, right? >> charlie, my own situation, the doctor saved me. if i waited to november, that cancer would have gone sbhie fourth layer and get through my lymph nodes. that's a concern i have for men. i took care of mine, got rid of

it. >> one last thing. >> given what we know scientifically, there are some men who will find out what we know and decide they don't want to get screened. i think those men should be respected. there are some men who will want to get screened. i think those men should be respected. and i do want people to realize at this point it's better proven than the benefits. we may be killer more men than the lives saved. >> do we have stats? >> we're out of time, digger. obviously because of what has transpired in this conversation merits people to do some research and consultation with their physician.

he was convicted of spying on his college roommate who then committed suicide. now dharun ravi has been sentenced to 30 days in jail. does the punishment fit the crime? you're watching "cbs this morning."

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it's instant, it's unlimited. and it's only 8 bucks a month. start your free trial today. the conversation with digger phelps and the doctor will continue online because it was so intense. we now turn to gayle and talk about what's coming up in the next hour. >> it was great conversation. thank you, charlie. danny meyer says when it comes to restaurants, hospitality more important than food. we'll see you right after the break. ♪ [ instrumental ] [ boy ] i used to hate eating healthy stuff. but badger likes it, so i do too. i used to have bad dreams, but not anymore. [ barks ] i used to be scared of the basement. but when badger's with me, it's not so bad.

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oven friday mark zuckerberg took facebook public he made $18 billion. even mitt romney was like damn, damn money monk. that's how mitt romney talks. way from the cameras -- >> i didn't know mr. ferguson spoke that way. very cool, very cool. it is 8:00. welcome back to "cbs this morning." i'm gayle king. >> and i'm charlie rose. the rut zers student who used a spy cam to spy on his roommate will only go to jail for 30 days. a new jersey judge gave ravi

a light sentence but a pretty tough talk. i heard the jury say guilty 288 times and i haven't heard you say it once. former rutgers student da roon ravi sat emotionless as the judge handed him a 30-day jail sentence he could have got ten years behind bars but the judge faced him on a lighter sentence that he was con voisktd bias crime, not causing clementi's death. >> you cannot expunge the conflict or pain you caused. >> reporter: in september 2010 he used a webcam to spy on clementi, his roommate of only three weeks, and another man having a sexual encounter. he invited friends to watch. days later clementi jumped off the george washington bridge and jumped to his death. >> even i had no idea the

despair or torment. and i thought i knew him. >> reporter: clementi's mother plead before the sentence. >> tyler and i were very connected. so much so i felt like a piece of my died september 2010. >> reporter: he did not make a statement but he broke down when his mother begged for leniency. >> he has been living in hell for the past 20 months. >> reporter: under the sentence he will serve three years' probation and must complete 300 hours of community service. he also has to pay $1,900 in fines and $10,000 to a charity that helps victims of bias crimes. he'll begin to serve his sentence next week. prosecutors plan to appeal calling the sentence inefficient. for "cbs this morning," michelle miller in new brunswick, new jersey. >> "48 hours" correspondent erin

moriarty and legal analyst jack joining me. were you surprised as i was? >> this is really why i love this business, covering this area because, yes, you think you know what's going to happen and i was surprised. it was far more lenient than anyone thought, and clearly i think the prosecution was surprised because they indicated in court yesterday that they would probably appeal this. >> is the judge sending a message, do you think, and what is the message if he's sending one? >> i think definitely he's sending a message and he made it clear in court. even in trial he thought this law was muddled. he did not feel that the new jersey legislature had anticipated this kind of action to be included as a hate crime. there was no violence, threat of violence, so the judge was basically saying i'm not going to make this young man have this entire sentence for a law that i don't believe was intended for

this. >> what do you think, jack? >> you know, i think it's interesting. what you're going to see is this because it is an unusual application of this law. the defense has been arguing from the very beginning that, you know, it's unconstitutional, maybe not on its face but in its application. what's interesting is the prosecution has come out and said we're going to appeal this. what you have to understand is the defense getting to appeal a lot of things. if you get a guilty verdict by a jury, you can appeal it. prosecution doesn't get to appeal very much. if you get a not guilty verdict by a jury. the prosecution can't appeal that. generally sentencing prosecutors can't appeal, except in this situation. the reason is this. new jersey has four levels of crime, first, second, third, and fourth. why that's important is because the law says if you're convicted of a first or second-degree offense, even if you're a first offender, there's a presumption that you go to jail. not mandatory but a presumption.

there has to be a specific reason and what the prosecution is saying -- that's one of those instances where a prosecution can appeal. if a judge drops down and does something else, you're going to see them jump in here saying this is the wrong sentence. >> the argument was made that he was at risk for a ten-year sentence. what does the prosecution think would have been an appropriate sentence that would have been acceptable? >> the range would be -- ten would be the maximum. my believe is, and erin you can chime in. my belief is if the judge can impose anything within that five to ten range, even if the judge dropped down a come of years, five years, two years, i think the prosecution probably would have accepted that, and it sounds as if the family of the victim here probably would have been okay with that. with when the judge dropped all the way down and essentially sentenced him to a 30-day

sentence, when he jumped all the way down there, as i said, it gives the prosecution a chance to appeal and it changed the e dynamic dramatically. >> i thought so too. i kept thinking about the clementi family,s will to mrs. ravi talking about the burden her son has faced, how difficult it's been for him and no one seems to have heard anything of remorse. it's so mind-boggling to me as we sit and watch this case played out. >> usually if you're not going give someone that presumptive prison sentence it's because the defendant is unusual. he showed remorse, you know, he helped out with the police, but this young man was the exact opposite. in fact, the judge made a point that he tried to cover his tracks. he deleted 86 e-mails from his text messages, from his cell phone. so it's not really clear. i think the judge took a middle ground. he could have overturned the

verdict right when the jury came back. that would have been a bigger deal. maybe he thinks, okay, e maybe i'll be overturnnd and then i'll have to resentence him. >> i'm struck by how big this case is. >> certain cases are message cases. they send a message, they get us to think, get us involved in a dialogue about what a law should be, what it is. i think it's one of those cases. plus it had such an impact on everybody. i think that's what got is in this. given the legal twists and turns, it's going to get a lot. >> think about how many parents are talking to their kids about this, so i think there's been some benefit. i'm sure parents sending their kids to college are saying, be very careful how you treat your roommate, what you put on e-mails. there has been an impact. >> both sides planning to appeal, so

imagine doing something in high school that cost you almost $700,000 and we're not talking about tepeeing a coach's house. it's one man's nightmare because he downloaded and shared music before they made the rules ja and look at what a tv executive was cause doing on tape. what's he putting in the mailbox? gross. we're going to make that a long story short. you're watching "cbs this morning." what makes hershey's s'mores special?

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a 13-year-old boy in washington state says he thought

he was going to die when he came within a few feet of going over a 270-foot raging waterfall, managed to catch himself on a narrow ledge which is where he remained overnight until rescuers figured out a way to bring him out by helicopter. he's expected to be fine. welcome back to "cbs this morning." oh, gosh. >> a story to tell. glad he's okay. as we looked around the web this morning we found a few reasons to make a long story short for you today. according to our cbs station, wbz in boston, a harvard study found that when people talk about themselves, their brains light up as if they were eating good food or getting money. that's good news for a narcissist. this next story comes to us from "the huffington post" and i have to warn you it's kind of tough to watch. a father apparently playing with his young child in the laundromat, puts his kid in the washing machine which then locked after it started up. the parents terrified as the

child spun around in the machine. after a minute the worker unplugged the machine. we're told the child is okay, suffering some minor bruising. i'm not okay. i can't imagine why that was a good idea to play in the washing machine. >> that falls under stupid with two "o"s. a mississippi woman fell this love with a foreclosed home and her husband fixed it up and they planned to live in it and found out they bought the home next door. what? we can say big, big, huge mistake. >> huge. the "new york post" tells us about a woman fired from her job because she was too sexy, she says. lauren oates said her boss told her at one point to tape down her breasts to make them look smaller and they give her a red robe to wear in the office to cover herself up which she

called shocking and humiliating. she's filing a complaint. she actually worked for a company that sold lingerie. >> including a thong or two. our cbs atlanta station says a man is accused of not being very neighborbly. he's a former president of cnn headline news. he was caught on surveillance video dropping off the surprise right after walking his dog. he says he's had a long-running feud with his neighbor. he faced $180 fine and all the embarrassment of the people that knew him. did you know him? you worked at cnn. >> i worked with his son. he was there for a long time. 17 years. he retired a long time ago. >> his son is going, thanks, dad, thanks a lot.

it is one man's downloading disgrace. joel tenenbaum was fined $675,000 for 31 songs and now he is fighting this to the end. you'll find out why. you're watching "cbs this morning." >> announcer: this portion of "cbs this morning" sponsored by citibank. citi is the official sponsor of team usa. together every step of the way. a new belt. some nylons. and what girl wouldn't need new shoes? we talked about getting a diamond. but with all the thank you points i've been earning... ♪ ...i flew us to the rock i really had in mind. ♪ [ male announcer ] the citi thank you card. earn points you can use for travel on any airline, with no blackout dates. like a squirrel stashes nuts, you may be muddling through allergies. try zyrtec® liquid gels. nothing starts working faster than zyrtec®

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johnny carson appeared for the last time on "the tonight show." he said in his monologue he was moving over to "murphy brown" as the surrogate father of her baby. remember that story? >> yes. >> isn't it funny when you hear 20 years ago, it used to seem so long ago. now it doesn't seem that long ago. >> it was yesterday. >> yes, i remember it very well. very well. it's called growing up, isn't it, charlie.

>> what important is if we remember it 20 years from now. >> you're absolutely right. it's become routine to buy sharnd music online, however, a boston man is in big trouble for songs he downloaded years ago when he was in high school. >> on monday the supreme court refused to hear his apeople. he's on the hook for nearly $700,000 in fines. that's a big one, terrell. >> it is. good morning to you. even though the way wee experience and buy music has changed in the years since the illegal download tap-in, this case is still being highly contested in court. that's because what's at stake for the music industry is enormous. nirvana, green day, i nicu bus, these are just some of the artists joel tenenbaum has admitted to own loading and sharing. 32 songs in long now costing him $32,500 each. >> i find it hard to believe the

legal system would uphold a fine just for downloading music. >> he has no idea how he'll pay for this. >> i have to declare bankruptcy. i don't have that money. >> and according to cnet greg sandoval wants to show people. >> we want to show them, if you do that, you're going to suffer. >> there was a time the music downloads are rampant. >> this case is a remnant. the first case they thought was let's sue that and sue they did. sandoval said the record labels have probably spent tens of millions of dollars in legal fees just on tenenbaum's case alone. nowadays many people still do what tenenbaum did, download and share music but they do so legally. and even though the industry no

longer sues individual downloaders, it won't drop tenenbaum's case because it doesn't want to look like it's giving up the fight for piracy online. >> the sad fact is for the guy that's downloading from his basement a few songs a month is subject to the same law that applies to these, you know, mafia-type organized crime guys who are distributing millions of cds. through a spokesman for the association says they're pleased. they're trying to create an your band legend out of me that it's not about extracting any kind of money on me. it's about the rhetorical power of that example the. >> case now returns to a federal judge in boston. the question will be whether it still stands or reduced as excessive. >> the recording company said it didn't have to be this way.

they offered a $5,000 settlement. he declined. jeff glor

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somebody's on the highway in seattle. are they driving the speed limit? yeah, they are. welcome back to "cbs this morning." are you ever just looking for a little peace and quiet? the truth is you have to go a long way to find absolute silence. >> jeff glor went looking in the great outdoors at olympic national park in washington

state and he sometimes spent time indoors in the world's most quietest room. >> perfect, no sound. no manmade sound. the other is artificial. both offer something we hardly ever experience today. the absolute sound of silence. deep in the rain forest of olympic national park in the northwest corner of washington state there's a place that to gordon hempton means nothing because there is silence. this tiny plot of land, a five-hour drive from see eight and a two-hour drive from that is the singest most quietest place in the lower 48 states. >> why is it so quiet? >> because it's in the corner of the united states and it also gets so much cloud cover.

>> reporter: and once we approach the location, hempton allows no one to speak. >> if you speak or start doing the zipper thing, if i get you checking your i'm or anything, you're going to get a look that will haunt you for the rest of your life. >> you want no sound. >> actually i want only the sound of nature. >> it sounds like this. [ birds chirping ] >> when you put the headphones on, it was an awakening. it was unbelievable what you hear. do you get that reaction a lot? >> i get that reaction all the time. >> reporter: i mean i was hearing things that i never heard before. >> right. >> reporter: hempton has been tracking souchblsd silence for 30 years looking for locations that are ininterrupted by

manmade noise. he said they're disappearing fafbt. >> noise pollution has increased at unprecedented levels. hearing loss is the number one occupational illness. so think as the world is getting noisier and noisier and we feel the assault, we really realize, you mow what? quiet is an essential quality of life. there are no quiet places. >> this is the room on the right. >> reorter: well, there is one. >> it's freaky looking. >> it is. >> reporter: but it's by no means natural. >> first of all, why are we floating? >> because this is called a full anechoic chamber. >> the world's quietest room is completely soundproof. decibels can reach an incredible negative 9 compares to 2 at the

airport, 59 in a car, 57 if you're lucky in a quiet office. >> this is the only place you'll ever be where the only thing you hear is the source of the sound and you hear no background noise level. >> reporter: anechoic chambers can test almost any product, even an air force plane but not even this one. >> people gould nuts in here. people could. >> reporter: after just a few minutes. >> there are people who have walked into the room, taken one step onto the floor, said they were disoriented and they didn't want to be in here and they walked out. >> reporter: total silence can with so jarring some experience hallucinations. hempton said the longest someone from the outside has lasted inside the chambers for 45 minutes. they lockedmy in. yo orfield and the crew took over

productions and didn't free me until 46 minutes later. >> it's bright. >> coming in and assaulting me with the camera? >> that's right. >> tell me about your experience. did you hear your heartbeat? >> reporter: i heard my bodily sounds. i guess the bottom line is it is very difficult to achieve silence. >> it is. it's very difficult. the world, in my view, is way too loud. >> reporter: 1,600 miles away, gordon hempton might not be able to hear us, but it sounds like he agrees. >> there is a tremendous momentum that's been created by industry that's telling you that noise is important, play it loud, be loud, live loud. well, quiet is the new loud. >> i love that piece. >> me too. >> me too. >> was it jarring for you. i mean this very seriously, when you got back to new york city

because you live in the city, too, did you start to notice sounds you hadn't before? >> gordon said he can teach you to listen to things you hadn't heard before. i put the head phones on and i heard things i hadn't heard before. he said if you listen enough, if you open yourself up you can train yourself. >> that's what bird watchers do. >> i love the thing in the piece where you said quiet is an essential quality of life because your stomach gurgling, which by the way you clarified because i'm like, what the heck. >> no. you're inside there. you hear your heart beat, you hear your stomach gurgle, and then what happens is because there's no sound, your ears start to manufacture sound that isn't actually there, and that's i was starting to hear something in my left ear because your ears and your mind creates those sounds and in some cases you can create those images. those are the hallucinations.

>> you the tell which ear it was? >> yeah. >> what kind of sound was it? >> it sounded like a machine to my left and i don't think it was. i think it was a compensatiocom >> do you think you could have lasted 45 more minutes? >> molly forced me out because we had more to produce. >> molly the producer. >> it's a jars experience. very different to sit in there. completely different than the natural sounds we talked about which is the no manmade sounds. >> can anybody go with gordon or -- >> anybody can go up there. gordon guards this place very carefully and he doesn't want people -- he duchblt want them to speak about there. if you go, it's in the whole rain forest in the olympic national park. it is a hike to get there, no doubt about it. but it is truly gorgeous, and when you sit there and listen --

>> a beautiful piece. >> while we were watching the piece, there was total silence. >> that's true. >> it doesn't happen that much, does it. >> no, it doesn't. >> not with tony it doesn't. tony, he's very chatty, tony is. thank you, jeff, thank you. >> thank you, guys. from the sound of silence to ka-ching, danny meyer's restaurant bridges in $100 million 3q

lysol knows the soft places we love could be home to bacteria. so use lysol disinfectant spray on soft surfaces everyday when you're cleaning up to kill 99.9% of bacteria. lysol. mission for health. shake it up. that's perfect music for our guest today. opening a restaurant is gamble because about 60% fail within two years. danny meyer has done it 25 times and 24 of those places are still open. >> his remarkable success is based on the idea that hospitality is just as important

as food. the owner of some of new york city's most popular restaurants is on the cover of "wine spectacular" magazine. danny meyer, welcome here. your restaurants go from museums to places that are really out on the street. is there one secret you think has given you this success in the restaurant business beyond hospitali hospitality? >> i think, first of all, i adore great food and nothing makes me happier than to see people enjoying good food and wine and jazz musical and milk shakes but i think at the end of the day there's so much product out there and the companies that to the best are the ones that make you feel the most welcome. >> so the experience is as important as the food. >> think the experience is trumping the food. >> really. trumping the food. >> this is not a way to say that the food should not be absolutely critical. everybody's tweeting about food, logging it, taking pictures of it, but the one thing at the ended of the day you cannot take

a picture of is how i made you feel. that's what i look for for people to come back. >> you give people hq. >> hospitality quotient. the notion is if we put all of our eggs into the basket of trying to identify the people who over and beyond being great grill cooks and great servers and great somm somerliers. we know what the skills are. >> you are? >> you can get my book. no, but basically it's exactly who you are and everyone on this show from the minute i walked in has a high hq. people who are kind, curious, they've got an amazing work ethic, they're empathetic, self-aware, and they've got integrity. >> and we want you to know we're

very happy you're here. wi want to know about your background. i thought your balkground was fooch food. if things had gone differently, you could have been a lawyer. >> i was privileged. i was a poly sci major at trinity college. i was following the path i was supposed to, getting a law agreement i was literally on the eve of taking it. i was about as depressed as i ever was in my life. i lields why waste the one life i've got. >> how did you end up with food. >> i was lucky enough to have an uncle who said why don't do you the thing you've been talking about your whole life and i was blind to it. he said, all you every talk about is restaurants and food. so many of us have this thing inside of us and we repress it

because we do what we think we're supposed to do. i feel it's the single greatest thing in my life. >> to go there is not the experience. you wait a long time in line. you wait to get a hamburger and milk shake. >> think that is the experience. >> the experience is waiting in line? >> people are pack animals and they love being with other people and if the benefit of going to shake shack is you get to meet someone and do something -- >> so waiting in line for an hour for a hamburger. >> instead of a rainbow, you get a shake shack burger. >> i waited in line for an hour for a shack shake burger and it was good. >> you thanked danny and said,

thank you for making me wait and if the burger was bad, you'd say, how dare you do this for me. >> i lerned from your producer, she would buy a dozen and put them in your freezer and then your toaster oven. i don't recommend that. >> the burgers are amazing. i have wait and you do form a bond with people. you say, why are we waiting in line? it's because it's a really good burger. you've had great success. you say, there's no such thing as failure as lodge as you fail with integrity. i love what that means. explain. >> i think when we closed our one restaurant, tobla, we decided this is tough to look at the employees and say you're not coming to work in three months -- >> you didn't close it overnight. >> we gave them a quarter of a year notice. >> how long had you been in business? >> 13 years. >> 13 years, there you go. >> i don't consider it failure, but it proves the point you hear from everybody all the time. there's no success if you don't

fail. you have to learn what it feels like to fall down to get to enjoy it. it's like watching my st. louis cardinals. the winning streaks are so much better after the losing streaks. >> thank you, danny. >> thank you. a year ago today this high school student's life changed forever. we geel to last night's graduation where the president honored him and his classmates. you're watching "cbs this morning." the wheat in every mini-wheat has gotta be just right.

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tornado killed 161 people in joplin, missouri, including two high school students, president obama told this year's graduating seniors they are a source of inspiration to him and to the nation. >> the president went joplin last night to mark today's anniversary of the stofrmt brm. ben tracy is there as well. good morning, ben. >> reporter: good morning, charlie. this is where joplin's high school used to be. when the tornado came through, it destroyed the school. it's been a tough year for a lot of students. but at last night's graduation, the seniors, especially one of them, will never forget who gave their commencen't address. most high school graduation s don't warrant a visit from the president but this is not just any school. >> you learned at a younger age than most of us you can't always predict what life has in store. no matter how we might try to avoid it, life surely can bring some heartache.

>> reporter: when the tornado's 200-mile-an-hour wind blew through joplin last year, it may have leveled the high school, but not its resolve. just 87 days later this temporary school was opened in a joplin strip mall. donated laptops replaced textbooks lost in the storm. none of those changes at school phased clinton anderson. at that point, nothing could. >> quinn's journey has been joplin's journey. >> reporter: the tornado literally came right through your house. >> yeah, literally. >> reporter: this is where quinton's house used to be. when the tornado hit he huddled in the hallway with his parents bill and sarah. the 17-year-old woke up in the hospital with a fractured skull, a broken back, and around unbearable loss. >> i knew my parents were dead and the house was gone and it was kind of like the realization like, you know, i'm an orphan

now and i just have my sister. >> what do you miss most about them? >> i miss my mom's smile and i miss my dad's goofy laugh. kwr quinton graduated from joplin high with honors last night and more than a mention from the president. >> quinton says that his motto in life is always take that extra step. >> reporter: does this still hurt at all? >> actually i can't feel it. >> reporter: despite the injuries that still scar his legs, quinton's taking that step, but it's walk he now faces alone. a lot of teenagers don't think they need their parents. i imagine you have a very different perspective now. >> you don't really realize how much your parents do for you until they're not here anymore. you might as well make the most of your life each day and pray for the next one because unfortunately you might not be here tomorrow. >> reporter: quinton plans to

enter college in the fall and study molecular biology. meanwhile they going to have a groundbreaking for the new high school which they hope will be open by 2014. >> anything else that the town plans to do to commemorate today? >> reporter: yeah. there'll be lots of events all over town. the main one is called the walk of unity where many are going to getting together and retrace the steps of tornado and then a moment of silence at 5:41. that's exactly when the tornado hit. on a mappier note, a lot of events to thank the volunteers. 130,000 people have come to this town to help out, donating 800,000 hours to rebuild joplin. >> what kind of support did he have after he lost his parents and his house? >> reporter: well, he still has his sister. his sister grachls they give each other a lot of support. but this community has really rallied around him, his friends, his teachers, a lot of folks at the school. he doesn't feel as alone as you might feel without your parent bus clearly there's a void there

nobody can fill. >> that does it for us here. a

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