lottery of sorts. each week one of the 52 winners in this lottery gets to decide whether a religious should fly at war memorial or some other time of banner. is that constitutional? let's talk about it with our legal panel. rebecca is criminal defense attorney, dan conaway, a former prosecutor. here we have king, north carolina, public war memorial. they have been traditionally flying the christian flag over the war memorial and then somebody complained. so, dan, the solution is, hold a lottery, you get one week to fly the flag of your choice. people picked the christian flag for 51 weeks. and then one week the winner chose no flag at all. sound as little odd but is it legal? >> well, that's the issue, right and this area of constitutional law is very murky and this is one of these areas where, one of those decisions, lottery is one of those split the baby kind of things it may not