this question. bigger news or they are protecting the irs? vote in our gretawire toll poll, good night from washington. o'reilly is next. hey, hey, hey. don't adjust your tv. welcome to "red eye." i'm sherrod small and filling in for greg gutfeld who is in colorado speaking at an events. sure he is. i hope he brings back some of that good, legal stuff. until then, this is black eye, baby. now, welcome my guests. tonight, you know him and love him and, yes, ladies he is in the leg chair. make it loud. it is andy levy. jojo, you know who she is. she is here every night. she is funny, smart, give it up for jojo. and sonny johnson here, you did that for me, right?

>> dropped everything for you, sherrod. >> next to me, you know her and you love her, fox news contributor jedediah bila. >> "red eye." did you get a new haircut? >> i forgot the ghost talks. does up skirts not hurt? a massachusetts court said taking a photo up a woman's skirt is not a crime. finally. michael robinson was taking up skirt pics and said he didn't break the law and the supreme jew -- supreme judicial law agreed. they say that is for only nude or partially nude. andy, did you know that? >> i d. >> they -- i did. >> they need to protect that to women wearing clothing on

public transportation. here is how one cat reacted when he raird the ruling. heard the ruling. >> that was weird. >> that's amazing. >> i go to you first. >> i love it! >> now first of all, i guess the court knows what it is talking about. >> they have to changing this law. the idea that you could be anywhere and have someone do that -- true story. when i was in college in new york city i had a pervert attempt to do this. i had a few drinks and i was at a table and in the club and this psycho was sitting with a video camera. when i woulds cross and uncross my legs he would zero in. >> the thing is i don't feel about it. feel bad about it. >> you never even apologized. true story show. that dude was carried out by a friend of mine and the camera was destroyed. i think this is more common

than people think. >> if somebody tried to take an up skirt of you would you hurt them. >> the cost of bullets when you go to the gun range is exponentially higher these days than it used to be. come on, try it. don't do it in massachusetts. come down to virginia where i can shoot you and then wait for the cops to come and then confiscate the camera and take it with me. that would be my suggestion. come to virginia and try that. >> so shoot him and wear his camera as a necklace? >> you can always tell the difference. you play the game north and south. you tell about a crime and you can tell if it happens in the north or south. you can videotape women? try it in the south. >> i think she is on to something. >> joe, what do you think? can you get away with it in a city up north and not down in the south? >> the thing is, it is the law. it is not a matter of getting away with it. he is is taken to court and he

is not convicted because it is not a crime. the law needs to change, but in the meantime, ladies, andy, you included because you are in the leg chair, cross the legs. >> i will not. >> say are you in your house and somebody is peeping and you have clothes on it is not against the law? >> that is a private space. if it is in a public space it is not protected. >> didn't you learn that in school? this is my private space. >> no matter where you. >> one arm's length around you. >> what about a public bathroom? didn't somebody just get in trouble for filming somebody in a public bathroom? >> the law as of now was changing rooms and bathrooms. supposedly you have a reasonable expectation of privacy there and the court was saying you don't have a

respect expectation -- a reasonable expectation of privacy. on thursday they passed a new law making the up skirt photos illegal. as soon as the governor signs it -- >> right now is the getting time. >> this whole thing is a victory for america. the court can only rule on what the law says. the court said if you want to change this, you need to change the law. a day later the legislature said all right, and they changed the law. that's how the system works. >> north and south, who are you protecting? in the north you are protecting the woman. in the south you are protecting the man. who is it you are trying to protect in this situation? who is it you are trying to keep alive? that is the question. >> the real problem is up skirts are so sexy. >> the legal ones. the japanese ones where the girls sign a contract. >> i think there might be a market for something to help everyone.

like before you go on public transportation you slip on these new pants i have invented. and they will soon be on the late-night commercials. >> it is like an undergarment so if you take a picture there is a flash. have you seen the movie "teeth"? you put something up there. >> oh my god! oh my good god. >> people are twisted. a lot of people would want to be seeing that. >> i have nightmares about that. >> i watched three minutes of that movie and changed the channel. >> have vice to rice, rutgers university wants former secretary of state condoleezza rice to speak at a commencement ceremony this year. it didn't suit well with the professors, let's just say that. they passed a resolution calling on the school to take back its offer because ofrice'sq war and the bush add strags.

i -- administration. and i can't even get that out. and the water boarding. you know how they are mad about all of the water boarding. the administration says it stands by its decision saying dr. rice is a highly accomplished and respected diplomat. we are excited to dress up students at commencement. here is the council's choice to replace dr. rice. let's take a look. ♪ >> i mean, -- >> i would pay to see that. >> he is a german asian, wow.

>> you say you agree with the faculty of rutgers. >> i used to be against racial profiling, but when you see the racist coming out of the professors of rut gear wheeze need -- rut gear we need to keep it in place. >> so you say it is a racial reason? >> of course it is. they are racist. and i don't have to have facts to back that up. say it like a liberal. i say it is racist and therefore it is. >> is that sarcasm or do you mean that? >> i am more intelligent than that. >> so you think that -- should they bring them to the school then? should they bring them to rutgers? >> one thing i always do. i got railed about it for sarah palin and i am not going to defend these people. this is conde-freakin-rice.

what the hell do i look like defending her 1234conde, go, baby. >> what do you think? should they bring her to the school? >> of course. who cares if you disagree with her. if are you in the audience and don't like what she represents and don't like the policies, who cares? do your ears blow up if you hear somebody that disagreed with you? that's the idea of ago academia. it is supposed to be a bunch of people who disagree and having real diversity appreciation and learning something. but it has become a little gestapo. >> i have an issue with the commencement speaker come together school. she is paid $35,000 for the appearance as well as receiving an honorary degree. i would hope she would give that money back to the university where she now has an honorary degree from -- i'm sorry college. >> i wouldn't give it back. it is capitalism.

>> she got paid for a job, paid. >> an honorary degree from rutgers though, you can keep that. >> the whole idea, it is a little disturbing and the fact that all of these people protesting against her, she made "time" 100 most influential list four times and i bet these professors still read" time" magazine. they are not boycotting the magazine. >> like the professors are hating on conde because she is teaching the people's kids. >> she is affecting the world the wrong way. there is one line of thought and it is not about conde. it is about president bush. there is a lot of bush hating on campus, and they associate her with that. when you have somebody come on campus who could change views. they may like conde rice. and then academia gets worked

up. the teachers are the ones getting upset. they say this is the bad guy and this is the bad policy. >> that sounds like a former teacher to me. >> i just think black people should not be allowed to give commencement speeches. i don't think america is ready for that. i don't think we are ready for that. >> what about shaq? >> what about sherrod? >> this is a war on women. >> agree with her or not, she is a historic figure. she was the first african-american woman, first african-american woman national security advisor. he disagreed with the policies that took place while she was there. she represents the american dream. i think that nails it. the problem is as jedediah

says, everyone is in lock step and they believe the same thing. they can't stand the fact that there are people who don't agree with them. >> you can't go and fight the government for free birth control and all of the things they are trying to do now and then bring someone as strong and independent and self-worthy as conde rice to speak in front of the students. you have been four years in a school telling you you are never going to make a it and you can't do it unless you have the government do it for you and then you bring conde up and you see conde say i can do it and i can do it with my parents' help. >> don't mix condoms and rice. >> that's what it was. that's all i said. >> from scarlet nights to silly fights. they want barbie out of the girl scouts. two consumer groups are urging the girl scouts of america to end its partnership with the iconic doll's manufacture of the mattel toy company.

the commercial features an activity book, website and a barbie participation patch. you get a patch for participating like barbie? >> i guess. >> they say it is a walking advertisement and is not a role model. quote, idolizes impossible body types and it is a vital mission to build courage, confidence and character. and you know someone else who likes character? this dog. >> that dog loves cocaine. >> it says do something, be something. >> i don't think young girls

look at the dolls and have these images.e@ i think grown women look back and look at these dolls. >> preach. >> they say this is not what i look like. i don't have blonde hair. i don't have blue eyes. young kids are playing with dolls. i didn't have a lot of barbies. i had a lot of gi joe's. as you can tell from what i am wearing. i had barbies though and i didn't look at it like that. when people get older they look at it differently and then it is about expectations. kids don't fill loss fies like that. >> i never played with my toys saying are you being a role model he-man? >> exactly. >> what do you think? >> when my daughter, i gave her the option if she wanted to play with barbie and she said no and turned it down. she has no barbie. i struck out you cannot get the bratz dares -- dolls because they look like harlets running around with all of the make up and the slit that

comes up. >> the bratz look like they are going to their puerto rican husband's funeral. >> exactly. now it is monster high and she has the monster high dolls and she makes them eat each other. there is no motivation. the vampire hunts down the wear wolf and that's how the story goes. it is not a matter of her looking at it in that way. that's what it is. us as adults bring the nonsense to our kids. we need to step back and let them be kids and maybe we will have a better generation of parents. >> isn't that anti-warewolf? >> no. >> i don't know what you are talking about. >> jojo, what do you think? >> i think we need to really look at these girl scouts. there are issues with our children, and it is not

barbies. it is these cookies. if you want to look at a real issue, obesity is growing in america. we are promoting it with these delicious cookies that i am still waiting for my order and i cannot wait to get them because they are so good of the don't take away my cookies. really, if you are going to fight the fight, there are better ones to fight if you are really looking out for the welfare of your children. >> these parents have to understand, these kids are money makers for these companies. so barbie wants to stay in business. and just like the girl scouts of a $6 billion business, billion with a b. where is that money going? the silly outfits? somebody is getting rich off these girls. >> i went -- at $9 mean -- $19.99 a pop i counted all of her monster high dolls and she has 2 sex. i am >> she has 26. i am there counting them, but

she is a straight-a student and she gets what she wants. >> but she is supposed to get a's. >> the only thing i like about this, i don't care about the book or whatever, i don't like the patch. >> that's what the scout is about. >> this is the first time they have had a corporate sponsored patch. it is not nascar. don't put a corporate sponsor patch on. unless mattel as you said, will somehow make the price of the thin mints cheaper and then i am all for it. >> $6 billion, where is the money going? >> the other issue is why does this come up when it is girl-related. you don't see -- people aren't saying what you said before about a gi joe or a little thor. i had to bring him up. he is my boyfriend. seriously, they don't bring those issues up. but when it involves women it gets the front page

everywhere. >> the dads don't care. they are kicking the boys out of school for dressing up. >> not when it comes to body type and body image. that is a very female thing. i think older women make it an issue for these kids. >> let's be honest, ladies, older women hate younger women. get your [bleep] together. coming up, what do you call a hilarious black comade yen who you and -- comedian who you and all of your friends want to sleep with? she talks about it in her new book. look out 50 shades.

welcome black. they finally addressed their outdated test. the college board says it is making major changes to the s.a.t. to reflect more closely what students actually learn in high school. key changes include eliminated the guessing penalty in which points are deducted for incorrect answers and making the essay portion of the test optional. i hated the essay portion. i didn't like it. >> that was my favorite part. >> and vocabulary words that are changed with words that are more commonly use. let's check in on our academic correspondent.

>> he is having a catmare. you are a teacher. are these good changes? >> some are good and some are bad. i don't like them getting rid of the writing section. i think it is because a lot of people don't know how to write now a days. a lot of kids aren't good with writing. if you had a writing portion that was mandatory, that would be one of the more important parts. they have to search for quotes in these documents. that's something you have to do in college. most of my college work was writing papers. it wasn't multiple choice tests or analogies or any of other crap. it was writing papers. >> i think they have to fix the s.a.t. test too. >> why not just get rid of it? >> the pretest where you go on weekends and try to study for the s.a.t.'s.

all you do on those study groups are bang girls from other schools. it is like, where do you go? forget this test? >> that is the test maker's fault. that's completely on them. >> they make the room so romantic. what do you think? >> i went to a school that had s.a.t. prep. it is the easiest -- it is like taking gym. all you have to do is show up. usually something sticks in your head. i don't understand why you can't just show up to the class, learn how to take the test and take the damn test. what is the problem? the problem is the teachers ain't teaching the kids so the kids can't pass the test. >> you think it is too big of a gap between what the teachers are teaching and what the kids are learning and when they are test ?g. >> it is the difference between the standardized tests taught by the state and the overall s.a.t. test. the teachers are teaching the

kids to the state test. >> curriculum is different. >> yes. so when you bring it in, that's why kids don't know nothing about what is going on with the s.a.t.'s. for vocabulary words, teach your damn kids words. it is not that difficult. every day tell your kid a new word. not for s.a.t. but because it is your kid and you give a damn. >> i teach kids new words all the time. i will break your legs you [bleep]. >> don't threaten the kid. educate the kid. >> maybe i will change my ways. >> it is a different education. one thing important to mention with the changing of this s.a.t. testing, what they are trying to do is make this more accessible to the kids so they will be tested on more of the things that is in the curriculum and that is in that core system. they are trying to make the test more accessible to kids. they don't need all of this prep stuff. what that does is it shows for

the most part who has more money. whose parents can pay for tutors and coaching. this test is like a competition as opposed to really figuring out who has the knowledge and who should be accepted to which school. >> inner city black school, no extra tutoring. it was an s.a.t. prep class. that's it. it was part of the school curriculum. >> but what i'm saying is kids will on top of that get more coaching. >> they have federalized the college fund program. now it is all run through the federal government. they want as many kids going to college ready they are ready for it or not. it doesn't matter. as long as they get that loan in and they get you hooked on it because there is no bankruptcy and no getting rid of it. you have to pay it back. that's why they want as many people as possible going into college. >> it is all all about money.

>> so this is like the home loan thing and greeting as -- and getting as many people involved? you can't get rid of the college debt. >> the debt? >> like what you owe. >> the whole machine. from the s.a.t. to the colleges and the grad schools. >> the s.a.t. measures how good of a test taker you are. i crushed the s.a.t.'s. people who did a lot worse on them did better than me in college. i don't think it means anything. i agree some kids can be tutored on top of s.a.t. prep and destroys any notion that it is a fair test of anything. jedediah, talking about essay, they are making it optional. my guess is schools will wile say way wul only look at you if you take the essay test. well strong writers an take the test. if you don't take the test are you telling colleges you are

not a strong writer? either get rid of it or keep. it don't make it optional. >> you are right though. what kids do is they -- this is what i did. i am not good at these kinds of tests. when i got into graduate school i took a course and i figured out how to analyze the test. i was studying for this specific test. they ask this kind of question and you do this. i wasn't really learning anything. >> i was trying to beat the test. >> i ultimately beat the test and learned nothing. >> it is about beating tests. i had to take a couple time the personality test and i came out totally normal. i figured out how to take the test. i got acquitted twice because i came out normal on the test. >> you have to learn. >> what does an average to below average guy have to do to win a date with a chick? just waive at me. i don't want to say that joke.

i don't want to attack you with that joke. what did richard sherman have to say about the n-word ban? probably something. i ain't reading the story.

so you let her touch your drawers if you want to score?

a new belgian study found touching men's boxer shorts make women think differently. apparently previous studies found women more often see the downside of sex than the reward. welcome to my day. a few naughties -- naughty researchers had ladies touch clothing items and then participate in a rich reward exercise. turns out it triggers their brain the reward aspect of sexual desire. is that true, andy? >> i didn't read the story. >> it has been a night off for me. >> it is time for me to take a breath because this is the -- >> lightning rooooooooouuuuuunnnnnnndddd. lightning round. nailed it. >> well done.

>> couldn't do it without you. boxers or briefs? what would you like your man? >> nothing. >> hello. dim the lights. >> why waste all of that -- never mind. no but one thing is funny with me is i like to wear men's boxer shorts. >> ladies love them. >> you put on a nice little pretty decorative sports bra with your boy shorts and you can work them. watch how a man reacts. all women think that you have to put a g-string on. no, put on some boxer shorts and a real cute sports top and walk around your man and walk watch what he does. >> with men they start thinking oh she is ready to sweat. they start thinking -- you know it is just like something that triggers the same thing triggers for us. we see their underpants.

how can i make her say yes. i am not worried about it. i am going to walk around in my boxer shorts and see how you like it. >> i agree. i like it when a girl wears men's boxers and has really short hair and maybe has men's -- >> are you doing it all wrong. >> i just made that connection. >> jojo, what do you think? do you like men's boxer shorts? >> they are basically saying in this study it is about the senses. with guys -- >> damn the study, what about you? >> for me it is not touch. it is more scent. >> so you want used boxer

shorts. >> exactly. >> you my kind of freak. >> i will do your laundry because that turns me on. i love old t-shirts they have worn. i will height -- will hide and not give it back or i do this a lot ex-boyfriends i have kept them. >> after you broke up? >> but they are come portable. they are comfortable. after they have worn the t-shirt it is really nice. that's i think -- i don't know if it turns me on, but it is nice. >> they will use your clothes to wear around the house. that's my shirt. it is just so comfortable to sleep in. >> you are doing laundry every two days because you don't have clean clothes. >> it ain't right. but girls look sexy in it. you see girls in boxer

shorts. >> boxer briefs, really sexy. >> you have to have the right body though. you can't be roseanne bar though. >> that goes the same thing for the men. i don't understand how this study can be valid if all you have to do was touch the boxer shorts. don't you need to see who is in the boxer shorts? >> how big are those boxer shorts you are touching? >> some have that silky texture which might remind women of a satin sheet. >> i don't care how silky they are -- >> agree to disagree. >> you have to catch your man when he did his laundry though. if it is close to laundry day you don't know what under wear you will find. they have bullet holes in them and some type of blood. when it comes to tech, we are a wreck. a new survey by a coupon company shows americans just don't know their tech talk.

when asked htm -- when asked what html meant one out of 10 believed it was an std. 27% identified gig -- gigabite was an insect in south america and a lot thought mp3 was a "star wars" character. 81% said sherrod small is the best "red eye" host. i don't even believe it. they got that right. i am the best "red eye" host. greg, stay where you are. we don't need you back here. you are a teacher. what is up with the tech talk? >> when you are reading that, i am sad to say i fit into those categories. i don't know what half of that stuff means. i think this is common. is it concerning these people vote?

yes. but then that would be saying that about myself. >> html, who talks like that? >> you need to give yourself more credit. at least you know that software is not comfortable clothing. there is one thing to know one thing is a texture and another thing to know exactly what it means. >> i think this was bogus or was with a bunch of comedians who said let's take this to the next level. >> do you know tech talk? >> nerdy, yes. >> i had a conversation and you know when you get around white people for the first time and they start talking it and you are like -- you don't know? i went home and i learned how

to do html. i put together my own website. i up loaded my pictures and i learned how to do the whole design of the website. i taught myself how to do it. if you don't know, go learn. >> just the other day i had a problem with my computer and i called a friend of mine and he said all right, i'm gonna get inside your computer. all of a sudden my house is moving. i'm not touching anything. i find that very sexy. there is something -- >> that is the one thing i am really bad at is computers. >> he got the call, i need help with my computer. he thinks he is getting some. you really just need help with your computer. >> my computer talk is old school. the logo and the bask. basic.

>> i don't understand. you think it is sexy when a guy gets in your computer and yet you called the cops on me four times. >> it hospital -- it shouldn't matter what i am doing. i agree. you don't need to know what html stands for, but you have to know it is not an std. this study by the way is probably bogus or unscientifically inaccurate at best. it is possible that greg was the only one that responded. every one of these answers i think greg thinks that. >> i believe that. it is time for a break. we have more stuff coming back. we are back in three minutes. this is the best show on television, admit it to yourself.

hey, the seattle seahawks richard sherman says those who fine those for dropping the n-bomb is absurd. they say it is atrocious and racist. they are targeting one specific word. why not cut out curse words altogether? on on the locker room and on the field at all times. i hear it during almost every series of the field. are you stoping the game altogether 1234* first of all, there are a lot of people who play football. agreed? >> yes. >> black people came here from slavery. how do you steal the people and take their language -- >> it is getting uncomfortable. >> they give them a language and then tell them what words they can use. >> we talked about this story

before. it will be weird when a white ref throws a flag on a black player for saying the n-word to another black player and he says i don't care. at some point everyone has to accept it means something different when white people say it than black people say it. >> it is not really the word. it is the rate that is behind the word. everybody said the n-word before. if you sung to a kanye song you have sung it. >> i don't like it because it interrupted my flow. i have to say i just landed in europe -- shopping bags i'm a tourist -- it kills my flow and takes me out of it. >> i agree. what do you think, joe? >> i agree with sherman. especially the part that says if you are going to make this sort of ruling it shouldn't be one word.

>> it is like you can't say the n-word, but you can say [bleep] or you can say [bleep]. >> it is a mean word against gay people. you noy what i mean? we throw around these words without recognizing their significance. especially when people are so used to doing it. he hears it so many times a day. even in the study they said it won't go intoe ect if. >> i doubt if a flag is ever thrown on it. i doubt if anybody gets a thrown on them for using the n-word. how can you enforce that? >> if you were going to consider other words too, who decides that? this is subjective. who will make up the list and say this is a list of things you can't say and these are the penalties. you will wind up with a dictionary at the end of day. the problem that there is no context to anything. you can say something -- you

can take a word and put it in a sentence, and then you can take the same period and it is funny and offends no one. who makes that choice? >> we both screamed at each other. what do you think? will they be able to enforce this nfl rule? >> that was me, sherrod. >> this makes me want to find jonathon martin and take a baseball bat and bang him in his knee. you should have never, ever went to play football and never tried it if you were this damn soft. go somewhere else. what about the n-word and i hate saying the n-word. because i'm on fox i will say -- i hate saying it and i say it normally in regular vocabulary almost every single day and it comes out of my mouth. >> do you have a comment on the show you n-word? e-mail us at red eye at fox

newt.com. do you have a video of your animal doing something? we will submit on the video and maybe we will use it. that includes -- what is this? >> that includes folks live by south at southwest. my boy is watching "red eye" live.

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and qp" 11:00 a.m. and hanging on ut with stewart and charles. greg is back on "the five" at 5:00 p.m. it is at 5:00 and that's why it is called "the five." you have buck sexton, the shaggin wagon. jay e block. the last story. that's the last story. went by so fast. you can awaken to the smell of bacon. this new iphone app waking you

up with a sizzling sound of pork with a bacon scent. this is the genius and it is not for sale. you can win it at the institute of advancement of bacon. is that real? great school. you can win it on the website, but you can't buy it. winners get an actual pig to do with it it what you please. i would love that pig. i would just love on it. do you love bacon? who doesn't love bacon? >> i love when i wake up and smell bacon down the hallway. i want to marry who ever is doing it. my concern is where is the scent coming from? >> that's what i'm thinking about. >> it is like a little febreeze. >> it is not something people would abuse in anyway.

>> you set your alarm for every minute. >> you are inhaling like what is that? >> i have to smell it at my mother's house and my grandmother's house. in my house i order bacon so i smell when the delivery dude comes to the door. you are from virginia so i know you like the pork. >> i am from the country. i am from where they cut the pig and then you smell it. until i got around a lot of conservatives i didn't know there was bacon obsession, like bacon in chocolate and bacon with watermelon. don't do that. it is not better together. just don't do that. >> i love bacon on anything. i can take a bacon-wrapped anything. a bacon-wrapped homeless person, i will eat it. >> chocolate covered bacon. who wants to eat chocolate

covered bacon? or bacon in a milk shake. i was watching fox and friends and they ate a bacon shake. then they went to the bathroom and -- >> sounds good. >> you love bacon. >> no, as a jew i find this offensive. sherrod, i think you put this in. >> it was the n-word. >> the problem is people that tested the app says it smells more like jerky than bacon and that is a little disappointing. >> i love bacon and white women too much to be anybody's muslim. remember when spike lee said that? i would like to thank my guests. sonny, thank you. jojo, i love you like play sister 1k3* jedi we are married and andy long-time roommate. god bless you, i love you. thank you for letting me host the show. always enjoy it.

i am sherrod small. you can catch me tomorrow on barney, "red eye" is on right now. friday at 10:00 p.m., vh1. i'm that man. @w@wowowpg÷÷owúç♪

hello, everyone. i'm kimberly guilfoyle along with bob beckel, dana purina, eric bowling and jesse watters. it's 5:00 in new york city, and this is "the five." it's happened again. president obama's approval number has just hit a new record low. according to a new fox poll only 38% of americans approve of his performance, and it looks like the country is ready for a new president and republicans are looking for an answer in 2016. the annual cpac convention kicked off near washington, d.c., and big names took the podium to try to re-energize the gop. >> you want to lose elections, stand for nothing. look at the last four congressional