the nation weighed in on thisitional, and it decided that making this illegal to sell violent video games to minors is actually a violation of the first amendment. the video game "postal" doesn't have much of a plot, but it has a lot of action. players get to kill a seemingly endless amount of people with machine guns and swords. the s. supreme court justices decided today that this video game is an expression of free speech and selling it to minors is not a crime. >> the u.s. supreme court has decided that it's going to side with corporate america and walmart against our children. >> reporter: senator leland yi is the author of the law banning the sale of violent video games to children under 18. video game and entertainment industry lobbyists are

celebrating their victory today while california politicians, representatives from child psychiatric, and law enforcement organization s lick their wound. >> this is an important case for the video industry because it recognizes children's constitutional rights, and it also recognizes that retailers are doing a good job of determining what product ought to be sold over the counter. >> in the past we've protected them from alcohol and cigarette ads, and pornography. we felt that this was on that level. >> reporter: ian is an avid video game player and admits some are definitely violent. his mother has always been aware of exactly what games he's been playing. >> there doesn't need to be any more restrictions because kids will go around it. >> i think it's up to the parents to judge, even if it has the ratings on there. what i found, you cannot trust the ratings. you might have different opinions on what's violent and what's not. it's up to the parents to decide. >> reporter: now back in 2008,

the video game industry estimated that it had cost about $300,000 to litigate this issue so far. and the state kept losing on every level. now today, three years later, leland yi's chief of staff told us he doesn't know what the tab is anymore. he says that the attorney general's office is always on staff there to -- to fight against this type of thing and says there's no way to add it up at this point, and he says that the public should not be worried about it because at least what happened is that they brought attention to how violent these video games are. live in san francisco, nbc bay area news. it could be a bombshell bit of evidence. a videotape showing giants fan bryan stow involved in a confrontation in the stands during opening day at dodger stadium. not long after the video was taken, stow was attacked in the parking lot and put into a coma. the lapd is scouring this

one-minute cell phone video that was obtained by tmz. in the video a fan wearing a dodger jersey points in so it's face. -- in stow's face. it does not appear to be giovanni ramirez. last week doctors upgraded stow's condition to serious. records from the nevada department of motor vehicles says that truck driver lawrence valley, age 43, of nevada, received four speeding tickets since 2008 including three for driving a school bus over the posted speed limit in california over a ten-month period. the accident that we're talking about happened in nevada near reno on friday. five passengers still unaccounted for. the amtrak train was on its way from chicago to emeryville. the ntsb now is looking at

having a briefing on the accident. we'll have the latest for you at 8:00. a san mateo muslim woman who lost her job at abercrombie and fitch after she refused to remove her religious head scarf is suing her former employer. she filed suit in san francisco against the clothing retailer. she had been working for the hillsdale mall location when she claimed in 2010 she was fired for refusing to remove the head scarf while at work. she was told when she applied that her clothing would not conflict with the company's "look policy." >> i don't know why they did what they d. they didn't have an issue when i got hired. to have an issue after i was working there for four months was surprising. >> abercrombie prides itself on requiring what it calls a natural classic american style. but there's nothing american about discriminating against someone because of their religion.

such a look policy cannot be squared with our shared values. >> reporter: abercrombie and fitch says it's done nothing wrong and adds it has always complied with federal laws regarding reasonable religious accommodation. a prayer vigil is set for tonight in honor of the danville teenager in critical condition after a sand tunnel collapsed on top of him. ryan buchanan and another friend were digging in the sand during a church group's visit to sunset state beach on saturday when that tunnel collapsed. he was trapped under the sand for 15 minutes, unable to breathe. when lifeguards and church members finally pulled him out, the hole the boy and his friend re digging was about six-feet deep. the other boy wasn't hurt. the church has set up a facebook page for buchanan where they plan on nightly prayers for the near future. he remains unconscious and is in critical condition. bay area congresswoman lynn woolsly is retiring. the democrat from sonoma county making it official today, saying she will not run for re-election in 2012 after serving ten terms

in congress. democratic leader nancy pelosi released a statement thanking woolsly for her nearly 20 years of leadership and service and praising her as an advocate for bringing troops home safely from war. woolsly's retirement is no surprise. she had raised the possibility in december and gave the okay to other democrats to start campaigning for her seat. guilty of trying to sell president barack obama's former senate seat. that in essence was the verdict handed down today by an illinois jury against former governor rod blagojevich. blagojevich ran the gauntlet of reporters as he left the courthouse after being found guilty of 17 out of 20 corruption charges. this was the second trial for the two-term governor. the first trial was declared a mistrial after the jury deadlock. the courtroom erupted in boos when the verdict was read. >> among the many lessons i've learn sudden to speak less. i'm going to -- learned is to speak less. i'm going to keep my remarks

short. patti and i are disappointed in the outcome. i am stunned. >> don't like to see senate seats sold. a united states senate seat should not be put up for sale. you shouldn't let it happen. i think we would have kicked ourselves and other should have rightly kicked fuss we sat around and watched the senate seat be sold. >> blagojevich was told not to leave the state while he awaits sentencing. he could be sentenced to a decade in prison. turning now to decision 2012. it is official, minnesota congresswoman michele bachmann is seeking next year's republican presidential nomination. bachmann formally launched her bid today in the birthplace of waterl waterloo, iowa. the bid comes five years after being elected to kwong. she's the head of the tea party caucus in congress and is calling on voters to make a change. >> i want my candidacy for the presidency of the united states to stand for a moment when we,

the people, stand once again for the independence from a government that has gotten too big and spends too much and has taken away too much of our liberties. >> a new poll of iowa voters shows bachmann neck in neck with front-runner mitt romney. every time you get a new cell phone you think you're buying the best and the feast e -- and the fastest, but by the time you figure out how use it, the companies are promoting something newer and faster. how can you tell if you get the best? scott budman has the latest. >> reporter: we've come to expect our cell phones to be computers that we carry with us and, therefore, we've become pretty much used to connections everywhere we go. now yes, there is a fastest phone company out there. but we've also come to expect much more than just speed. he's on it. she's on it. we're all on our cell phones pretty much all the time.

whatever we use -- >> verizon customer. >> i stuck with at&t. >> i use sprint. >> reporter: we long ago left slow service behind and now expect speed. according to a new pcmag.com survey, verizon gives us the fastest service thanks to its 4g or fourth generation phones. >> and i can connect my laptops, mobile devices to verizon's 4g, and it screams -- i can't wait for it to get the next jedi phone or more devices on 4g. >> uses the next generation technology called lte that is much faster. >> reporter: we checked with silicon valley's cell phone comparison site billshrink which says, yes, some phones are faster than others, but it's not just speed that matters. >> for the vast majority what smaerts that the phone works as a phone all the time. and that we can get e-mail when we need it, we're able to download apps, use navigation, use maps, things like that.

>> reporter: just ask these smartphone users. >> mine's mostly used for media, music. as long as the music connects well and doesn't skip or anything like that. >> i've been in san francisco, contra costa county, silicon valley, and never had issues with sprint. i don't work for them or anything. >> reporter: yes, we love our phones, but sometimes speed isn't everything. if you're saying to yourself, "i want to get one of those 4g phones," they are rolling out in markets all across the country including here in the bay area. reporting live in san jose, scott budman, nbc bay area news. >> thank you. a stalemate at the capitol and a war of words heating up. at 5:00, how the fight is getting personal now. a pat-down like no other. why airport screeners are defending their work yet again after the search of an elderly woman that some are calling too invasive. and she's one of the biggest pop stars in the world. so why is lady gaga accused of

skimming from a charity?gi i'm rob mayeda in for jeff ranieri. it's relatively dry, breezy outside. look up thee coast, we're talkig rare, significant june rainfall on the. i want to crush more cars.

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governor jerry brown and democratic leaders have reached agreement on a new budget plan. the proposal assumes that the state will bring in an additional $4 billion in revenues in the upcoming fiscal year. this, however, did not come before brown's chief spokesman

during a radio interview called california republicans "basically moronic" for failing to strike a budget agreement. >> what's moronic is putting forth a budget that doesn't address the issues that are plaguing california. >> durant also said republicans weren't smart enough to write reforms. this next story may come as a surprise, but the dmv wants to make your life easier. it's unveiled a program where callers waiting on hold can choose to hang up and let the dmv call them back when the next sergeant available. operators at the california dmv field more than six million phone calls a year, so this option should serve customers well. first it was the pat-down of a toddler. now it's a grandma. the tsa tonight defending its actions in an incident involving a 95-year-old woman. agents required the woman to remove her adult diaper in order to clear airport security.

nbc bay area's vicky nguyen has the details. it's almost as if they're trying to make mistakes. >> reporter: jessica, this is a tough one. they had a lot of things to say in response to what happened over the weekend. we'll have more in a minute. this is a story as you can imagine that has blown up on social media networks and traditional news sources. the toddler, now the grandma. the overwhelming public opinion on this one, the tsa went too far. >> embarrassing me. >> reporter: lena was about to board a plane in florida last weekend to make her way back to west michigan to her hometown of hastings. she was in a wheelchair. still battling leukemia. >> they did something because i had something in my pants and they put me through a screen. and that kind of thing. >> reporter: a tsa agent patted her down and forced her to remove her adult diaper while going through security. >> they did. they took me in a different room. that's when they took my pants.

>> i thought it was bad. i thought it was very ridiculous. >> reporter: jim was in grand rapids waiting for her aunt to arrive. >> i felt sorry for her. i mean, you know, dignity and self-esteem and everything. >> reporter: despite all the frustration around her, the 95-year-old is surprisingly the least irate. >> didn't let it bother me. i just thought it was part of their procedures. >> reporter: she says security rules are rules. >> i guess it bothered my daughter more than it did me. because i guess i'm too old to care. >> reporter: well, the tsa stands by what its officers did. in a statement, the agency says it "reviewed the circumstances involving this screening and determined the officers acted professionally and according to proper procedure." it's exactly that procedure that has many questioning tsa policies. and when common sense needs to prevail over policy. nbc bay area news. >> key word there, common sense.

thank you. there are concerns tonight surrounding two nuclear sites in different parts of the nation today. in new mexico, fire crews are battling a massive wildfire that spread to more than 43,000 acres over the last 24 hours. that fast-moving fire is within one mile of the nation's pre-eminent nuclear weapons facility, the los almoss national laboratory. and a mandatory evacuation is underway in the closest town. officials there scrambling to make sure that radioactive and hazardous material is protected from the wind-driven fire. meantime, there's rising floodwaters which have reached a nuclear power plant in nebraska. water has reached the plant's walls, but safety experts say everything's okay at this point. the plant which is less than 20 miles north of omaha has been shut down since april. nightly news will have more on both stories coming up at 5:30. the country's largest home improvement retailer, home depot, is under investigation for potentially violating federal law. the hardware chain is alleged to have sold chinese-made products

to federal customers. the san francisco-based attorney in the case claims home depot is violating the buy american act. and now the department of justice is investigating. the 1933 law requires all materials used in public construction to be made in the u.s. home depot says it would never knowingly sell prohibited goods under any circumstances. some health news to share. stanford researchers say that common vitamin supplement may actually help women avoid skin cancer. the new study published in the "journal of clinical oncology" suggests that a combination of calcium and vitamin d may cut the risk of developing melanoma in half in high-risk women. researchers found that women with a history of skin cancer developed 50% fewer melanomas than women with similar skin cancer histories when they took the supplements. experts say the research will have to be confirmed in future studies. rob mayeda has a look at the weather forecast. it's one you'll want to pay attention to.

we are talking rain toward the end of june. >> how's that possible? >> it may be one of the weirdest seven-day forecasts i've had to produce for the end of june. strange weather headed our way. right now, pleasant but breezy outside in san jose. you see 72 degrees, northwest wind at 14 miles per hour. in oakland you see the low clouds off to the west around the peninsula. 62 degrees. into san francisco, we've got low clouds and misty skies out there this evening. but rain could be possible around this time tomorrow. we'll talk about that in a second. winds around the area, a case of air conditioning punching inland into fairfield if the southwest winds up to about 32 miles per hour. right now just low clouds, backup the coast here, this is not what you expect to see going into the 28th of june. we've got a cold front here up on the north coast that is tapping in to some pretty good moisture off shore. what's unusual about the pattern is this is a gulf of alaska low dropping in toward the bay area as we wrap up june. we'll see these things come together as we go through the day tomorrow. meaning we will see some rain at

times off and on and possibly some thunder with the cooler air alost. highs a good 10 -- aloft. highs a good 10 to 20 degrees above normal. maybe hilltop showers inland. the other component to the weird weather after we get past tomorrow's rain may be lasting into early wednesday. a real warmup in temperatures toward the end of the seven-day forecast. the north bay will see rain. off and on showers during the day on tuesday. into wednesday, you'll notice things start to clear out. now as we head into thursday, things are really going to change once again. we'll see high pressure building in. temperatures starting to skyrocket for the end of the week. here we go. it what could be a record-breaking rain event for the north bay, this system will probably fall apart as it approaches san jose tomorrow. some north bay locations may be getting as much as a half inch of rain tomorrow afternoon. the main event between 10:00 in the morning through about 4:00 in the afternoon. fizzling out probably across the santa clara valley toward tomorrow evening.

tonight, cloudy and breezy, we won't have to worry about umbrellas except for mist on the peninsula. tomorrow should be an something day, especially north of the golden gate, a chance of rain at times. maybe some rumbles of thunder toward the north bay valleys. highs that should be in the 70s, 80s, low 90s, have a tough time getting into the 70s inland. 68 for the high in pleasanton and san ramon for the 28th of june, what you couldn't expect. mid 60s for the north bay. here is what i would like to say the great america seven-day forecast because the real roller coaster ride into the mid to upper 90s by the weekend. once we get done with the rain tomorrow, could be pushing 100 by saturday. >> i know. it's crazy. >> roller coaster. >> absolutely. >> thanks. dream denied? next at 5:00, how one woman's quest to succeed is closer to being derailed because of her religion. and a criminally-minded seagull? watch closely. it's a video that will mak thin y y imebout whereou

misplaced your camera.

just a moment ago we told of a woman with a lawsuit against abercrombie & fitch because of her headdress. another suit is about a weightlifter. her goal is to compete nationally. a muslim american woman isn't able to do it because of how the sport's dress code relates to her religion. the athlete competes while wearing the traditional muslim dress that covers her head, arms, and legs, and in this case her head. however, rules dictate that arms and legs be bare to determine if a left is successful. the 35-year-old has taken her case to the international waste lifting federation -- weight lifting federation. detailing clothing options that can bring a compromise. the group is reviewing the case.

a decision could come in the next few days. lady gaga, scam artist? she's accused of keeping proceeds from bracelets she made to help victims of the earthquake. the case says she inflated shipping charges for some of the bracelets. they were $5 each. the suit was filed while she was in japan performing as part of mtv's aid in japan show. the law firm behind the suit says -- has yet to say how it obtained the information.

hey! hey! >> a seagull steals a tourist's

camera in france and flies away with it. recording a literally bird's eye view of the city. is it real or fake? check it out and you decide. the video is trending big for bay area youtube viewers. the bird and camera eventually land on a castle wall. we're not sure if it's just an ad for velcro.