Hi, I'm Bill O'Reilly.  Thank you for watching us tonight.

O'REILLY:  Hi, I'm Bill O'Reilly.  Thanks for watching us tonight.  We'll get to the [Rush] Limbaugh situation in a moment.

But first, the smearing of America continues.  That is the subject of this evening's Talking Points Memo.  Yesterday [October 9], Kobe Bryant's (search) lawyers stunned the courtroom when she implied the alleged victim's sex life with multiple partners were exonerate Bryant.  Whether that is true remains to be seen, but the judge was so stunned that he immediately stopped the proceedings.  We'll analyze the legalisms here in just a few moments.

But the bigger point is that America has now become a nation of defamation, a place where victims of crime, politicians, journalism, private citizens can have their characters assassinated with no corrective action possible.

The media and the lawyers are the big offenders here.  The ideological press has largely given up debating issues and gone into personal attack mode.  Greedy immoral lawyers now realize they can say just about anything about victims of brutal crimes and get away with it.

The harsh truth is that Kobe Bryant is not on trial, his accuser is.  And every sexual thing that 19-year old woman has ever done may be highlighted by Bryant's lawyers for all the world to see whether it is relevant to the case or not.

So let me ask you this.  Say you're raped.  Are you going to report it knowing that your life will be made a spectacle?  This is brutally wrong and devastating to the criminal justice system, which is under siege in America.  The more vicious the lawyer, the better the chance of acquittal.  Very nice.

As we saw with the Arnold Schwarzenegger (search) situation, most Americans deplore these smear tactics.  But again, we are powerless to stop them.  The Factor showed beyond a reasonable doubt that lawyers of David Westerfield (search), convicted of killing seven-year old Danielle Van Dam in San Diego smeared the little girl's parents when they knew their client was guilty.  We filed a complaint with the California Board Association (search).  It did nothing.

So what we are facing is this.  Good people will not run for office because they'll get smeared.  Crime victims will not report violations because they'll get smeared.  Journalists will not criticize the powerful because they will defamed and denigrated.

America's fundamental freedoms are under assault by the character assassins unethical lawyers and a corrupt media.  And few have the courage to take them on.  And that's the memo.

And that's The Memo.

The Most Ridiculous Item of the Day

Time now for "The Most Ridiculous Item of the Day."

First off, I want to thank all of you who have bought my new book, Who's Looking Out for You?  It's number one on The New York Times list.

A couple of weeks ago, I told you that my goal was to sell a hundred more copies than Hillary Clinton (search) sells.  So here's the scorecard so far.

After four months on the market, Senator Clinton has about 1,600,000 copies in print.  Whoa.  After about two-and-a-half weeks, there are 900,000 copies of Who's Looking Out for You? in print.

Those are just -- those are not sales.  Those are not sales, I should say, just copies out there.  Sales figures are audited, and, when we get that info, we'll tell you.

So the game is on.  Hillary Clinton has set the bar high.  We have to, you know, give her credit for that.  Some would say ridiculously high.  But we'll see, all right.  One-sixth for Hillary, 900,000 for us, but she's got a lot of months on us.

--You can watch Bill O'Reilly's Talking Points Memo and "Most Ridiculous Item" weeknights at 8 & 11p.m. ET on the FOX News Channel. Send your comments to: oreilly@foxnews.com