abercrombie is a business owner. they have a right to hire anyone for whatever reason they want at any time they want including if they're wearing head scarf. if it's your business you have a right to discriminate how people talk how people walk. it doesn't matter. >> listen to what you're saying. you have a right to discriminate. >> is it your business? >> i have a long legacy of having a problem with discrimination discrimination. this has gone on for years now. l. >> am i discriminated against because i'm not going to be hired as a rockette? >> imagine if you go audition for a movie and get it and then you say i can't wear the costume because it goes against my religious beliefs. she knew what she was doing. >> a 17-year-old model. this is the argument that this is all a setup? >> of course! >> ignorant. she knew what abercrombie was. they have basically naked people on their billboards. >> i know. so this is a very very important point that jessica just exposed and a lot of people are saying this. this may have b

that is abercrombie. did he correctly believe that he had authority under the delegation of agency to sign a check? there are thousands of things. why is it our job here to say the right way of proving belief? you do not have to formulate the correct believe just because she told you, you can argue that one. i am open to that. once we are beyond that, why do we have to say? >> in this context, suspecting a possible conflict will inevitably lead employers -- >> i am with you with respect. i am with you only where they correctly believe that. or understand. or know. those three things seem good enough for me. i have repeated this three times but i want to hear the answer why they are not good enough. >> the reason, justice breyer, is that there is no way the employer can know about a religious practice unless the information is traceable to the employee and having the standard will inevitably lead employers to stereotype because a factfinder might later -- >> isn't that what cook says she did? she saw her i

that is abercrombie.hter] justice breyer: did he correctly believe that he had authority under the delegation of agency to sign a check? there are thousands of things. why is it our job here to say the right way of proving belief? i mean we can say something is wrong. does not have to formulate the correct believe just because she told you, you can argue that one. i am open to that. once we are beyond that, why do we have to say? shay: in this context suspecting a possible conflict will inevitably lead employers -- justice breyer: i am with you with respect. i am with you only where they correctly believe that. or understand. or know. those three things seem good enough for me. i have repeated this three times but i want to hear the answer why they are not good enough. shay: the reason, justice breyer, is that there is no way the employer can no about a religious practice -- know about a religious practice unless the information is traceable to the employee and having the standard will inevitably lead emp

the court ruled that abercrombie's decision violates her rights. there were two women in 2013 who won compensation, more than $75,000 each from abercrombie & fitch for what they say was targeting them for wearing headscarves. this case of course is a fairly major windbag in that particular -- a major win in that particular issue. genie: time now for the press review. nicholas rushworth is here with us on the set to take a look at papers in paris now. 20 members of the coalition are here to try to figure out a new strategy to fight the islamic state. what did the french president have to say about that? nicolas: let's go to the catholic daily. you can see the headline "a facade of unity," against what we know as the islamic state organization. the 20 or more countries and organizations in the coalition do not have an answer. that is on the ground, working in favor of the islamic state organization. that point of view is echoed in another paper, which has the headline there the coalition really having a problem settling on a strategy. one french dipl

the supreme court takes down abercrombie and fitch. it's about time whenever declares those super skinny jeans cruel and unusual. [laughing] >> larry: we get an update on baltimore. here is a hint it's from fox news. it's going to rhyme with [beep] crazy. you have the right to remain nightly. this is the nightly show! [cheers and applause] [cheers and applause] ♪ >> audience: larry, larry! larry: thank you, very much. very good. thank you. welcome to the nightly show. no, i appreciate it. such a good crowd. i'm larry wilmore. tonight i thought it would be fun to check in with one of my top favorite branches of the government judicial. [laughing] >> larry: that's right in a brad new segment i'm call "what up supreme court." i like that. now really i love the supreme court. i come from the world of sit comes, right. the supreme court is like whacky sitcom characters. you have the perverted mute, the crazy asshole who believes corporations are people. and the sexpot neighbor who maybe the smartest of the bunch, right. so what law is this

. >> a 17-year-old went and interviewed for a job at abercrombie. she was wearing a head scarf.he did not get the job, and she sued claiming it was because she was muslim. and the court agrees with her, and they said: and we spoke with the former assistant attorney about this case. >> eight out of nine justices which is pretty remarkable said the retailer in this case abercrombie has got to accommodate that and not use it to penalize the person who wants to work for them. >> reporter: in a statement abercrombie said they have changed their policy since then hired a lot of folks and given religious accommodation, including the wearing of the head scarf. the supreme court gets about 3500 cases a year tony alleging religious discrimination. >> all right. lisa appreciate it. lisa stark in washington for us. >>to a washington based company, he joins us now. lisa didn't leave much room for you there. but the abber comby case, decision what did you make of it? >> sure. the lower court, the united states court of appeal for the 10th circuit said you could only hold abercrombie reliable

but they have a history -- this case stems from during the interview process, according to abercrombieitch, the case centers -- the young woman did not declare or make any point that this was because of her thereforebelief, but abercrombie & fitch was not discriminate in because they didn't know. initially, she wanted employment discoloration case of about $20,000. that was thrown out by the appeals court. when i got to the supreme court, and 821 ruling with antonin scalia saying this was really easy. the big point you are seeing now and this is something the court has backed, this particular court has backed with regularity is when it comes to religious liberty and religious issues specifically, the court is going to lean toward those concerned about the freedom of religion and away from companies, which is a surprise when you look at how this court has been toward big business. the onus ishis mean on a future employer or company to tell a prospective employee what the rules are? phil: that is the initial reading. this goes in line with what the obama administration was pushing for in

you have an individual who applied to abercrombie who wears a head scarf out of religious beliefs bute required to wear the head scarf as part of her interview process. abercrombie argued they needed to have knowledge of these religious conditions and it didn't meet the standard in terms of title 7 to be free of religious discrimination. the court came down rather heavily. 8-1. you are imposing too high a standard. you are required to accommodate religious practices in that even though abercrombie argued it was applying a neutral policy to all of its employees, the court said that's not good enough. it's not enough to say that you're applying a neutral policy that impacts one religion or a couple of religions differently. now, how is this going to affect most people? it's going to have a big impact. it's telling businesses that they will need to accommodate even businesses like abercrombie that argue they have a so-called abercrombie look that they wanted their employees to assume this image of the abercrombie customer that's going to be more and more difficult to maintain in light of

one case involved abercrombie and fitch and workplace discrimination. the other, posts on soci >> facebook claims 1.4 billion monthly active users world wide. today in another social media channel, heard the first ruling from the u.s. supreme court about possible boundaries on free speech. the high court through out the conviction of air pennsylvania man. prosecuted for making violent threats on facebook after his wife left him. the legal standard used to convict him was too low for a criminal case. chief justice john roberts. authority of the majority opinion wrote, our holding makes clear that negligence is not sufficient to support a conviction. roberts also said the court did not need to consider first amendment issues in deciding the case. a set back for civil liberties groups seeking broader protection from prosecution. >> the message to internet users, to facebook posters. it's not only that. it's people who use older forms of technology as well is you don't have a right to threaten people the message to the government is if you want to prosecute

abercrombie has been sued for policies. it supports hiring white employees who have a certain look at the expense of hiring a diverse race and religious set of employees representing the diversity of the united states. >> thank you so much. now, california computer recyclic company is trying to track down a woman who knowingly happened in a raur apple one computer which the firm sold for $200,000. the apple founder designed and hand built the computer in 1976. only a few dozen are still known to exist. they are trying to find the mystery woman who dropped off the computer so she can claim her share. the vice president told us what his impressions of the computer were. >> first reaction was this was a fake. this is not real, and my partner, he look at the computer, and said "it's for real", and figured out - made research, and found out that the computer was sold recently for $200,000. we were looking for the woman. to give back $100,000 check. this is a clean bay area policy. we pay to our customers 50%. we split revenue. >

here to explain the look policy is abercrombie and finch floor manager chaz. chaz. [cheers and applause] >> larry: thanks for coming. i'm sorry chaz rurbgs changing is this. >> no mab i'm in my uniform. i'm on the job. >> larry: oh his -- is that what you wear to work? i think ya. we have a very specific dress code we need to adhere to at abercrombie and finch. >> larry: basically it's strip down to your underpants. >> larry, larry the company is incredibly flexible about what you wear. >> larry: okay that's good. >> you can wear white briefs black briefs, blue briefs even boxers if they're super skimpy. chaz. >> larry: i'm not buying it. in this case of the muslim women -- >> women can wear shorts, jorts super short skorts. they can wear a painted on bikini. the possibilities are limitless. >> larry: she wasn't allowed -- >> i don't know what that is but her job is to look good. >> larry: i don't think that's what hijab is. >> if she's not willing to follow the dress code to hi-job for her. >> larry: i get the play on words. your company is using this dress code to

if i were the abercrombie guy, i would have hired her with the head scarf. start selling headscarves. why does that matter? >> their brand with all of the sleezy near naked stuff. >> why would you want to work there? you're muslim. >> good question. >> if you're managing a store and a woman is articulate and wants to work hard and i don't care if you hire a head scarf. >> if it is your store you can hire who you want. you can't say in the job interview, how old are you? >> you can't say how old are you? >> no. >> might violate the age rule. >> wow. >> you can't say, have you ever been arrested. how tall are you? do you drink socially? how long have you been working. >> can you ask the name. >> you can't name -- you can't ask any of the questions if you are interviewing for a job. >> go to a job advice website and you will see the whole list of questions the employer must not ask. >> they wonder why the median income is going down. >> well to be is not to my knowledge. it is going up more. if you include everyone. >> it is flat. under the. >> okay. >> john st

remind us of the facts. >> the equal employment opportunity commission sued abercrombie & fitch on baffleantha elof saying they had violated the law which prohibits discrimination on the basis of beliefs and practices. she applied for a job in the tulsa, oklahoma store, wearing a headscarf. she did not say that was the religious regions but the hiring manager sought information as to whether it violated the dress code, the look policy. >> brown: which is how one is supposed to look. >> exactly. she was told it did ant should not hire ms. elof. ms. elof won in the trial court got a jury award, but a federal appeal court reversed it saying she had the burden to tell abercrombie & fitch that she needed an accommodation for her religious beliefs and employers cannot be held liable unless they have actual knowledge of the need. the supreme court disagreed. >> brown: the supreme court overruled that overruling to say the company's failure to accommodate her was in fact a civil rights violation. >> an unlawful employment practice. the court says basically to prevail on an intentional discriminat

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siding with the young muslim woman who sued abercrombie and fitch for wearing an hijab. and the other of a young man posting threats on facebook. >> justices roberts writing for the 2- 7-2 case where he said they don't lightly throw cases outs. this man had posted threatening posts on facebook. he said that it was his therapy. his wife felt therapy. and he was convicted to prison for 44 months based on that a reasonable person would feel threatened by what he posted online. the court said that's not good enough. you need a criminal intent and attempt to carry out these threats to have a conviction. so they tossed out his conviction to back to the lower court and said look at this possible case again to see if he can be convicted on another standard. it's a wash for domestic violence groups who want tight regulations on what you can say online. >> very interesting. listening to that abercrombie and fitch case and the hijab. what did the court decide there? >> the court decided that the store violated the civil rights of this woman. she came in for an interview. she was we

twonchts big rulings >>> two big rulings today a woman who sued abercrombie and fitch for the wearing of a hajab. lisa stark is live in washington and lisa the court does not often overturn convictions. why did it happen if this case? >> they don't but this case of anthony alonis who posted what appeared to be threatening messages against his ex wife, a kindergarten teacher and the u.s. supreme court. he was sentenced to 44 months because the jury found that based -- a reasonable person would consider these threats. well in a 7-2 decision the supreme court disagreed. the chief justice wrote for the majority saying you actually need an intent to harm to convict someone in a criminal case and they've sent it back to a lower court to take another look to see if in fact based on a tougher standard whether he should be convicted. and tony, groups that work with victims of domestic abuse were concerned they were hoping this conviction could stand so they can't be happy with the court's decision here today. >> in abercrombie and fitch what did the court decide on this one? >> samantha love w

abercrombie said it violated their policy.e employers be able to decide who they want to hire? welcome to "cashin' in." welcome, everybody. abercrombie is known for hiring model types, and has hence changed the head scarf. they're caving to police. but shouldn't they be able to choose who they want

and the supreme court ruled in a case in which abercrombie said look we can't be expected to read in the minds of these applicants. they have to tell us what their religious accommodation needs are and the supreme court said no that's not quite right. if the store has some idea that a religious accommodation might be necessary, it can't ignore it, so it makes it easier for people to pursue these claims and puts retailers on notice they have to be more sensitive to be noticed, that abercrombie long since changed their policy in this manner. >> all right, thank you very much, pete williams discussing two cases that certainly will send shock waves as far as discussions anyway. >>> now to another developing story we are following today involving our nation's security. it is the ongoing fight on capitol hill over government surveillance under the patriot act. parts of which were allowed to expire at midnight last night after the senate failed to reach a last minute deal. in an extraordinary sunday session, kentucky senator rand paul blocked what would have been a temporary extension of se

this one about the woman who applied to abercrombie & fitch and wears hijab and feels she was turned down because that was the only reason. it just didn't comport with their clothing standards and effectively she won. explain what happened? >> that's right. the high court found that abercrombie & fitch was wrong to denies this muslim woman a job there based on her religious head covering. so it basically said that company failed to accommodate her religious needs. what it found is that a business, like abercrombie & fitch, doesn't need to have knowledge of the religion, but that what it needs to show is that the accommodation was a motivating factor in the employer's decision. it found in this case the fact that this muslim woman had to wear a head scarf, that was a motivating factor in abercrombie & fitch deciding not to give her a job there. ashleigh? >> a motivating factor. danny, that language means everything. >> yes. it does. yeah. because when we talk about -- there's a difference between motivating factors and knowing discrimination and intentional discrimination. yes, exactl

the justices ruled in favor of a muslim woman who did not get a job with abercrombie and fitch because she claims she wore a head scarf to the interview. abercrombie said she didn't mention her religion in the interview but the court ruled the court should have suspected she wore it for religious reasons. >>> next at 11:00. still tracking the rain threat. the flood watch through the morning. >> plus undercover agents smuggling weapons through airport security. >>> and he answered a craigslist ad for his own stolen bike. tonight police tell the i-team what you should and don't do if your wheels get ta >>> still tracking the very heavy rain. making its way out of d.c. making its way as well. more heavy rain through calvert county and saint mary's county is that then this big bulk of very heavy rain. some strong storms too toward couple peopler, making its way toward fredericksburg. heads up. that rain making its way toward d.c. >> thank you. >>> the man running the tsa was just relieved of duty tonight after undercover testing of the agency's ability to stop people from bringing weapons

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abercrombie said they did not know her religion so did not discriminated. justice anton and scalia wrote tore the majority and said: . >> the supreme court dealt in very broad brush. under title 7 this goes as far on the religious freedom as any case i have seen. >> in a statement abercrombie and fitch pointed out that the court did not determine that the company discriminated against ms elof adding: the equal opportunity brought the case to the court. in a statement it was said: >>> the senate could vote as soon as tomorrow on a bill that would change portions of the patriot act. sunday night the senate allowed parts of the law to expire including bulk data protection. as libby casey reports, some antecedents say the law does not do enough to protect the americans right to privacy. >> the deadline to keep pact aring provisions going came and went despite warnings. >> at this time isn't this programme as critical as it has ever been since its inception, given the fact that the middle east was literally on fire. >> reporter: antecedents agreed to move forwar

abercrombie & fitch is one of them. company executive presented at a jeffries retail conference today. ahead of that, they said abercrombie & fitch product changes are beginning to bear fruit, particularly at hollister. he says he seizes significant amount of product changes to come with back-to-school assortments, which should be rolling out in the next month or so. he says europe is stabilizing as well. abercrombie has been struggling 13 straight quarters of declining same-store sales. the come but he doesn't have a permanent ceo right now. chairman filling in for that role. at this conference, the coo does say he expects the business to stabilize this year. we shall see. shares were up 3% today. i wanted to look at a big changing of the guard, if you will that's going on today. that is , up 3% today and walmart down about .5%. that means that facebook by market cap is now larger than walmart. which is fascinating. take a look at my bloomberg terminal. i have a chart of the competing market caps of these two companies

they previously won a similar case against abercrombie & fitch. welcome.irst of all, give me a sense of what you think this means for muslim americans. >> thanks so much for having me on. gosh, my reaction is happy, there are worse kinds of news articles to wake up to on a monday morning, and this was such a great moment for the american muslim community, and really all americans who are seeking religious accommodation at work. we're hopeful that this will have a positive impact on american muslims and others seeking religious accommodation at work. that the court makes clear how little or unwilling they are to tolerate religious discrimination from employers. >> does this come at a particularly difficult time for muslim americans in this country. >> on friday there were armed protesters outside of a mosque in arizona, but last night, people across the country rallied as portions of the patriot act sunseted temporarily. so the muslim community is on the front lines of many civil rights questions. >> why do you think the muslim american community in particu

and triumphed and as a rewards for her brave struggle i'm proud to say that she can now work at abercrombie fitch. (laughter) she has won the right to spend eight hours a day in a cloud of kofl own selling pink polo shirts to guys named chad. so winning the right to work in a pseudoshop is a prioric victory, but that is not the bad news. >> claims of discriminal facial of a muslim woman who claims she was denied an ununopen can of soda. she was basically saying i what use a can of soda as a weapon swrz okay sounds bad. but look you take that soda you add alka seltzer and a seagull and you have got yourself a bomb on an airplane. i mean there's-- there's a reason that they don't let you bring seagulls on airplanes. (laughter) >> jon: that's-- weird when the seagull blows up as its appends ages stay intact with the feathers. now you can agree or disagree with the airline policy of distribution of unopened cans but are we really sure this is discrimination. >> she asked the opinion next to me what he would like to drink. and he requested a can of beer. and she i noticed that she placed it in f

a key support ruling against abercrombie & fitch. the company denied a muslim woman a job over her head scarf. judge andrew napolitano. thank you for joining us. this one is really about business and money. so she came in. and they said that her head scarf clashed with their dress code. which was new england preppie. they also said that thrch had to do -- it was a religious requirement. she didn't explain it at all. why did that not work out at all for abercrombie? >> that's the key to the case, melissa. congratulations on your great new show with david. i'm thrilled to be with you. the case puts the burned particularly important for your audience, puts the burden on the employer to ask if there's anything with your religious practices that would be inconsistent with your work here. by the way, you see the clothing i'm wearing, i have to wear it when i'm on the floor selling your product. the fact that she didn't say that does not mean she had to say it. the potential employer ought to have known to ask about it. that's the very prac

then the case pitting the equal employment opportunity association against abercrombie and fich. fitch. eloff never specified she was a muslin e-limb or asked for any religious accommodation and the company didn't ask. >> now they're trying to claim they didn't know she was religious but employees should not have to wear a sign saying i'm religious before they are protected by the civil rights laws. >> the supreme court will also decide glossum vs. gross. lawyers for three condemned men argue that a new drug cocktail violates crew and unusual punishment. >> will not prevent prisoner of feeling the pain and suffering of the second and third drugs. >> scefts say death penalty opponents have pressurize pharmaceutical companies not to supply the drug for executions. >> i think petitioners are fundamentally attacking the death penalty more so than the use of med med m beadezalem. >> attorney at goldstein and russell, he is a contributor for scotus block. the supreme court as you know is not about tithes. what is the legal precedent that the court has to examine? >> there are a number

this young woman who took on abercrombie & fitch. who won? that story coming up after the break. >>> and, the young actress and the stalker who broke free from the mental hospital, crawling out through a window. there is a manhunt tonight. song: rachel platten "fight song" ♪ two million, four hundred thirty-four thousand three hundred eleven people in this city. and only one me. ♪ i'll take those odds. ♪ be unstoppable. the all-new 2015 ford edge. for the millions of americans suffering from ringing in their ears, there's no such thing as quiet time. but you can quiet the ringing with lipo-flavonoid, the number-one doctor-recommended brand. relieve the ringing with lipo-flavonoid. ugh! heartburn! did someone say burn? try alka-seltzer heartburn reliefchews. they work fast and don't taste chalky. mmm...amazing. thank you. alka-seltzer heartburn reliefchews. enjoy the relief. >>> next tonight, bruce jenner no longer. re-emerging today with her new name and her new look. abc's amy robach takes us into the room, a brave olympian, transformed. >>

they become swrob related like they did in the abercrombie & fitch when you make assumptions. when you see somebody who apparently has a physical disability and you make the assumption they can't do the job. what you need to do is if there is something obvious like in this case the woman had a burka on and they said she's never going to meet the dress code therefore, we can't have her, you need to talk brsh that's what this case was keying on. you need to have the interactive process or dialogue. you just need to talk about the situation. is there any reason they can't do the job? >> if i'm understanding you correctly, don't bring up any issues that could be controversial. if there is something that is obvious bring it up so that you can make sure you are all clear on will this affect your job performance or not? >> right. but bring it up in the job-related way. >> right. okay. sorry. go ahead. >> is this going to get in the way of your performing the job duties? >> if the answer is no then have you to go ahead with the assumption that it will not. >> exactly. >> so you cannot

on monday the supreme court ruled in favor of a muslim woman who sued abercrombie & fitch after she didn't get a job because she wore a headscarf. he was -- she rase rejected because of religious reasons. shockingly pamela geller was thought happy with the ruling. the free speech tire brand asked what devout muslim girl would want to work for a group that has soft porn adages. it was another set up for a major american business to cover islamic norm. it was litigation jihad. she doesn't minutes words duds dash cash does she? i agree with her on the cartoon thing. can't she apply for a job at the muslim -- >> geller? >> no, it mate be on her list. >> pamela geller does not understand the law that chooses not to inform her readers of it. as justice ask scalia noted liberal, said quote this is really easy. the civil rights act forbids discrimination in hiring. they may not make or con firvel firvel -- connish if decisions. >> scalia very much ruled on this side, but he was center. >> interesting. >> mark, are you viced that amber -- that abercrombie makes them wear hardly any clothes? >> it i

analysts saying we are not seeing enough of a recovery in abercrombie's sale.he short interest is incredibly high. you look at my bloomberg terminal, a lot of pessimism. huge leaps in the short interest. so of this company is ld short. not a lot of optimism about its recovery. that as a'm sure contrast to something like h&m. julie hyman, thanks. some breaking news with comments coming out of the u.s. treasury. jack lew spoke with finance ministers on a call. he spoke with the your chief group as well. urging parties to reach a pragmatic compromise on greece. is sort of echoing the statements we have heard from the u.s., get it together, pragmatic solutions. make it happen. cheap, as we is know. it is the time for action. chris christie enters the race this morning. that makes him the 14th republican candidate and arguably the most charismatic. alix: he is also. by controversy, sandy relief money mismanagement, and his temper. with us is the politics managing editor. how did he do? >> a pretty good announcement speech. very impressive. no prepared text or telepr

we have seen abercrombie and fitch and the ceo fiasco, we have in other individuals we have seen abercrombie and the ceo fiasco, we have in other individuals turning things around. >> it's about the influence of social media. whether you are a normal person trying to get baggage feedback. that's really what it's all about. so i think that yes, it is for the industry. she's probably doing okay. but it really is about this as the artist. >> you know, i don't always like her. [inaudible] >> you know, it's about personality. it's not about looks. and i think for the independent artist out there, it's great to be out there. but these individuals, it's all about her money. >> you know, if you look at the way the music used to be made, it's very different, streaming for publicity. and you have this. >> that's right. you know, i feel like taylor swift was brilliant in her approach. she didn't throw apple under the bus. but she absolutely dead. i thought it was brilliant. >> she talked about helping songwriters and the creators. and i think that, i love what she did, i love the approach. to your poin

. >> pam: >> pam: the court has ruled in favor of a muslim woman, who was denied a job by abercrombieof her head scarf. the clothing retailer had refused to hire samantha elauf in oklahoma back in 2008 saying her hijab violated their appearance policy for sales people. but the high court says, the company policy was discriminatory saying. federal law requires employers to accommodate a workers' religion or diasability. >> reporter: 64 richmond. we are going to drop five degrees over the night hours. we will i have cloudy conditions tomorrow here's a look for you. cloud conditions that you can see will stay on the coast and it will make their what way in mind-and land. two more days for cloudy conditions and then sunday conditions. >> pam: >> gary: is next with the sports (music) hey! let me help with that. oh, thank you! (music) introducing the one-and-only volkswagen golf sportwagen. the sportier utility vehicle. >> gary: brandon belt - rips a double down the right field line. aoki an pence come around to score.2-0 giants look at this catch the catch of the year. top 3rd.2-0 sf.bases

the first involving a discrimination case that related the to abercrombie & fitch. a few years back a young woman went to apply for a job, they refused her employment saying her head scarf violated their look policy which prohibited wearing head gear. the supreme court saying that their failure to accommodate her for religious reasons violated civil rights law and as a result abercrombie & fitch ruled against the supreme court. the second a pennsylvania man who posted comments on social media, he had been prosecuted convicted and sent to jail for writing some threats online on facebook. the court saying that the standard was not met, the prosecution said all he had to do was post someone that a reasonable person could see as threaten, the supreme court said that was not enough and they overturned his conviction. >>> one pilot died and another is recovering after their planes collided in midair. look at this h. you can see one plane hit the other while they were flying. this was in italy. they dropped quickly into the ocean. rescue crews found one of the pilots under

lou: the supreme court ruling in favor of the plaintiff against abercrombie and fitch, a traditional muslim headdress scarf. did that surprise you that it was upheld the? >> no, it didn't. because there was a clear statement made to the women and by the superior that interviewed her to her superior saying that i don't think that she fits this strict abercrombie and fitch policies of looks only because of her religious gear and that is completely and fundamentally opposed to her constitutional rights. so i'm not really that surprised at it. >> here is a company that has a look at some policy and you know you could appear half naked and that's okay but this woman wears a scarf and that's not okay enact. >> it is not as if she just chose to do this. >> exactly. and the supreme court said look you have to be fair to everyone. >> that company is a little screwed up on a lot of issues. >> i won't go there. >> it is a bizarrely managed operation. >> they think that everyone has to fit a certain profile or look or other customers won't go in but i think it's the opposite. >> the ceos that th