BILL O'REILLY, HOST: We continue now with "Is It Legal?" In Tennessee, the ACLU has sent a letter to 137 school superintendents warning them not to emphasize Christmas this year:
"We believe that holiday celebrations that focus primarily on one religious holiday can result in indoctrination, as well as a sense within the students who do not share that religion of being outsiders to the school."
As usual, the ACLU does not acknowledge Christmas as a federal holiday mandated by Congress, signed into law by U.S. Grant.
Rejoining us now Lis Wiehl and Kimberly Guilfoyle. So Guilfoyle, first of all, we won the Christmas battle over the last five years or so. There haven't been too many of these cases around the country this year. A few, but not many. Was there a threat in the ACLU letter to the superintendents, if you do mention merry Christmas or you do have caroling, we will do this to you?
KIMBERLY GUILFOYLE, FOX NEWS LEGAL ANALYST: We are coming after you strong and hard. That's what the threat is right there.
O'REILLY: Is it though? Is it a stated threat?
GUILFOYLE: Of course. To me this is very clear. If you read this letter, which we have...
