. >>> also harry connick jr. will help introduce the national juke box.he library of congress project will offer up to thousands of historic sound records for free on the web. >>> and on this day in 1969, apollo 10 transmitted the first color broadcast of earth from space. >>> all day long, you can stay on top of the very latest developments in those stories and others as they break on msnbc. and tonight be sure to watch brian williams with nbc "nightly news." >>> and, finally, here's a look at what's coming up later this morning on the "today" show. al roker reports live from memphis with the very latest on the record river flooding that's forced hundreds from their homes. and snl stars kristen wiig and maya rudolph talk about their new wedding day comedy, "bridesmaids." >>> now keep it on this channel for continuing local news, weather, sports and more. i'm lynn berry. thanks for watching "early today," just your first stop of the day today on your nbc station. have a good one. -- captions by vitac -- www.vitac.com

. >>> and an connick character is about to celebrate a birthday. the fresh tasting california sour cream your other food loves. >>> taking a live look at the big board on wall street. it's a good day, stocks are up right now, thanks to energy and stocks rising with commodity prices. investors pushing oil $103 a barrel. investigators believe the oil may have fallen too far too fast and are sensing a bargain. >>> u.s. safety regulators are investigating a fuel tank problem with ford f-150 pickup trucks. the national highway traffic safety administration says the steel straps that hold up the gas tank could rust and break and that could cause a fire. no injuries have been reported but there have been two fires. the recall is for f-150 trucks made from 1997 through 2001. >>> this weekend marks a big milestone for waivevy gravy -- wavy, gravy. he will celebrate his birthday with a birthday boogie at the craneway pavilion in richmond this saturday. the event will raise money for his favorite foundation, the cause that helps fight blindness. wavy gravy ea

that is why it is different from pickering-garcetti connick and all those other cases. they chose to open that for mandel of the personal nontariff this speech and they have to live by those restrictions. >> suppose we define curricular to define more than what the teacher says when class is in session. let's define it to say that a teacher is employed as a leader to impart all kinds of information to students and that is done in addition to what is said in the classroom by other things the teacher does while he is on the school premises. >> with the court licensing a school district during the next campaign election that would allow the teachers to put up all the democrats--all the campaign posters for barack obama but none for any republican appointee. that is the huge problem. >> are you saying there are no limits to what they can regulate as far as his bulletin board if it is an open forum? can he put up white supremacy posters? >> it is a limited public forum so you can make content based restrictions. they could say no political campaign posters. >> how about no r

paul connick and we have had dinner over there in the last couple of months. >> have you seen the flowersuary. there was no flowers at that time. [ laughter ] >> hi, debbie. >> elizabeth, you should be so happy. this is your kind of. >> he this is my kind of weather. i know. i need to be wearing spring colors. i'm all doom and gloom today wearing black. all right. let's talk about the traffic. we have good news with the traffic. nothing much going on right now. it's quiet out there. here's live look at antioch. i wanted to throw this up there because this is one of our slowest spots right now across the bay area. this is not a surprise if you commute this every day. now there's always traffic around this time of the morning. it is 5:55 and speeds are 21 miles per hour, even less across some stretches. but the bridges across the bay area are great. here's a live look at the san mateo bridge. the right side of the screen is the commute direction. 13 minutes out of hayward toward foster city. coming up a check of the bay bridge because i know like usual a lot of people are heading towards th

that's why it's distinguishable from pickering connick, downs, garsetti, all those other cases. they chose to open that forum and allow the personal, noncurricular speech and they have to live by those restrictions. >> suppose we define curricular to include more than what the teacher says when class is in session. suppose we define curricular to say that a teacher is employed as a leader to impart all kinds of information to students and that is done in addition to what is said in the classroom by other things that the teacher does while he's on the school premises. >> so with that said then, would the court then will a school district, such as poway during the next campaign election, that will allow the teachers to put up all the democrat, all the campaign posters for barack obama but not for any republican appointee? that's a huge problem. >> are you saying there are no limits to what they can regulate as far as the bull taint board goes? he can put up white supremacy poster? >> it's a limited public forum so you can make content based restrictions in a public forum. they can

or should we begin first with the supreme court's decision in pickering-garcetti connick, and ask whether or not this was actually hired speech by a public employee who is directed by the school board to teach a particular subject matter? and is entitled to make policy as to what may or may not be taught in the classroom. >> i think, your honor, when you look at the first jurisprudence and with the government facilities and whether the limits of the government can place on the use of its facilities for the use of design for as opposed to the use of the facilities or property for expressive activity, you cannot perform analysis. >> even though the audience is captive? >> even though the audience is captive. it is the principal analysis based on these facts. regarding -- >> what we said was -- >> it's interesting. balance did form an analysis or they determined that the speech was personal and non-curricular speech. and because it was government speech and the government speaking, then you don't have a first amendment issue because once the government speaks speedy so don't we need to make