it's under good leadership now with my successor, bill ivy, and it's on the right course. it's--it bills itself now as an investment in communities, and that's the right way to think of the endowment. because it's really for the public. art is for the public. the artists create it, but they don't create it in a vacuum. they need an audience of-- or a reader or a listener. and you think there's a growing recognition that art is for the public, that people are investing in that? i know it is, because if you go to art in a local level, the arts budgets are increasing. the mayors think the arts are fabulous for their communities. the state arts budgets are going up. the only people who are lagging behind, i'm sad to say, are our federal officials. are you finding that kind of highly volatile reactions are being stemmed now? yeah. they're definitely-- but not self-censorship going on? there's still provocative art? oh, the artists, you mean? right, yes. there is self-censorship in terms of what they apply to the endowment for. i see. because i wanted to make the agency bulletpro

turn out that the tree had ivy growing through it, which play have wackenned it and made it vulnerable. >> a lot of times they will just break off, like here. >> reporter: bill gardner is ann arborist, certified in tree safety and he says often thinning branches will keep the trees standing because a thick tree is like a sail catching the wind. dead branches, a tree that leans or has cracks around the trunk, all susceptible. and people do more harm than good, adding soil to the base of the tree. >> they think they are shoring it up and the tree will die, because basically the roots can't breathe. >> reporter: the rain-soaked trees that toppled today into an oakland house wasn't a complete surprise. another near it fell six months ago, with no damage. experts warn any sizeable tree sitting near a structure needs checkups to make sure it's healthy. >> now there are somethings that can happen, that you can't see, but most of those, if you look you will find something. >> reporter: something like finding vines, strangling a redwood. neighbors watching the repayers tonight wonder if one of their trees could be next. >> everybody that owns a yard ought to be aware

an ivy league school, accused of killing his girlfriend and fellow classmate -- girlfriend and fellow classmate, yardly love, where prosecutors are saying this suspect may not even go to trial. bill: it is the ruling that could tie up the new health care law for years, and ken cuccinelli is the attorney general out of virginia who took on the white house and won. he answers our questions in a moment, and you want to know what stories are clicking hot now? go to fox news.cole and click on the most read tab. we are back in a moment. cuccinelli on deck. >> ♪ >> ♪ >> ♪ martha: to virginia now where prosecutors say they will not seek the death penalty against jowrnlg huguely, and in fact the state and defense attorneys may agree to a plea deal in this case. remember this beautiful young woman, she was a fantastic lacrosse player at the university of virginia -- and a university of virginia student, he is charged in the killing of his girlfriend, yeardley love, a member of the lacrosse team at uva, her body was found at her off catch us apartment back in may. police say that huguely admitted the couple fought, he slammed her head against the wall, he admitted. right now he is charged w