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Bringing this candy cane pen to a winter party at his elementary school because the poem attached to the pen mentioned jesus. does a child have a first amount right to freedom of speech? with us is the president and ceo of liberty institute which represents several students and their parents in this case. this week this case was in court again. what did the judges have to say about this topic? >> well, i'm -- i think they were sceptical of the idea of stripping the rights of 41 million elementary students across the country. that's something we wouldn't even recognize our country. you could en...

I went beyond the speed. i should have been going on a public road. still no comment from the race team, joe gibbs racing. i'm quoting here, this is one of the better ones i remember about the 128-mile per hour thing. he will be allowed to race this weekend in the coca-cola 600. in case you are wondering, we did the math for kyle busch to stop going 128 miles an hour would take him 680 feet, that is more than two football fields. he could lose his driver's license. can you imagine a nascar driver with no driver's license? alisyn: no, that is hard to imagine. why wouldn't he lose it? wouldn't t...

This country for a half century. i hope they are not going to be successful. >> reporter: the parents of this little boy say that his freedom of speech was violated when the school confiscated or banned the pens. is there a precedent explaining whether second graders or any children have freedom of speech? >> one of the thing i tught was remarkable. one of the people in the courtroom during the argument was one of the barnett sisters back over 60 years ago, one of the cases every law student rides is the barnett case. it's about a little 9-year-old girl being one of the plaintiffs who won a fi...

Drowning death of caylee in the swimming pool in the backyard of his house which unfolded like a bombshell yesterday, also he denied ever sexually assaulting his daughter casey, as was also alleged by lead defense attorney jose baez yesterday. this is just day two and it's going to be a long one, six to eight weeks, and it is living up to the sensational reputation that this case has had for the past three years. back to you. alisyn: sure is, every day is a bombshell in that case. phil keating thanks so much for the update. yes there was this huge bombshell as the defense attorney for casey an...

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