Comment on "Exclusion of time in the theorem of Bell" by K. Hess and W.   Philipp
  A recent Letter by Hess and Philipp claims that Bell's theorem neglects the possibility of time-like dependence in local hidden variables, hence is not conclusive. Moreover the authors claim that they have constructed, in an earlier paper, a local realistic model of the EPR correlations. However, they themselves have neglected the experimenter's freedom to choose settings, while on the other hand, Bell's theorem can be formulated to cope with time-like dependence. This in itself proves that their toy model cannot satisfy local realism, but we also indicate where their proof of its local realistic nature fails. 
R.D. Gill, G. Weihs, A. Zeilinger and M. Zukowski