tonight on "red eye." >> coming up on "red eye," is the government building a transformer army to take on isis? what some are calling the great e idea of all time. and what do they say about a team who won't watch greg gutfeld with you? >> say no and then say, welshing welshing -- well, why not? >> and finally should we explain to bikers that wheelies are painful and stupid, or keep doing them for our own amusement? none of they stories on "red eye" tonight. >> let's welcome our guest. she gives me more lip than michael law general

injections. -- than my collagen injections. she picks up more trash than a sanitation worker on boxing day. it is joanne nosuchunsky. he has turned more young women into objects than a doll maker. scout media editor-in-chief. oh look, the salute. and we told him it was lou daabs' show and he bought it. it is the legendary lawyer and professor. >> are we talking about ali-baaba and the stock? >> we are, but we will talk about your book called "terror tunnels, the case against israel's just war again hamas" guy a block. the lede, that's the first story. >> the court inverts a ban on up skirts. a texas court overturned a law banning proper photography or visual recording. a ruling that the law violated free speech. it is another --

>> victory for perverts. >> the court ruled that photography like paintings in books is expressive with the judge noting that the camera is the photographer's pen and paint brush. the appeal came from ronald thompson who was charged with improper photography after taking underwater pictures of kids at a water park. perfectly innocent. he argued the law was too general and could play entertainment journalist and eccentric at risk for jail time. the court agreed saying protecting somebody from being the object of sexual thoughts is the sort of paternalistic in regulating the defendant's mind that it is to guard against. that was complicated. what should you do if someone is filming you? >> serves you right, poor

animal. professor, you have worked on cases like these. you can call everything art at this point. >> i produced a lot of victory for perverts in my day. i represented pour nothing graw fers and pornography actors and the first amendment is important. it is amazing that this is a conservative court in texas that does this. today some of the best defenders of free speech come from the conservative libertarian side and some of the moo -- most repressive come from the isms who want to make sure you don't insult them in anyway. i think this is the right ruling. i think it is based on how general the statute out is. if they had a narrow specific statute out saying a camera can't be pointed up a woman's skirt when she is not willingly agreeing to that, that will be upheld as constitutional. >> you are saying it is too broad, right? >> yes. >> now you can -- now you are

out of the courtroom and you are at the public pool and your grandkids are in there doing that. this law would almost say you have to deal with it yourself. >> i am ready. you go up to my grandkids, i am ready. >> then you could bered. -- arr. >> i would win that case. >> he who represents himself is a fool for a client. i would have a good time. defending your grandchildren. you never make laws bayed on what you would do defending your kids. >> it would be great if you went to court and hired a lawyer from television. that would be funny. this is why the law is important. it for people like sonny. sonny is a crazy woman. if somebody took a picture of your kid you would probably kill them. >> yes, i would, and it didn't take me a second to think about that. >> you probably already have killed people. >> no, i haven't. if i did i wouldn't tell you. you will tell on me. >> what if it was a school photographer? would you kill him too? >> depends on if i paid for

the picture and the picture didn't come out right. i am cautious about my money. if the picture doesn't come out right, there may be a problem. >> there is a scandal some years ago. there was a professor claiming to do research on women's body shapes and took nude pictures, reportedly, of all of the entering freshmen and they are locked in a vault somewhere. >> gene -- genius -- i mean terrible. >> and one of them is running for president. >> oark my goodness -- oh my good they! >> that's the rumor that goes around. >> there are naked pictures of hillary lying around. there is no rush to see them. i think it is wrong. >> come on, even bill didn't rush to see them. come on. could you be that surprised? >> he has been with her for quite awhile. dan, i totally understand j you changed your name when we talked about you in the story,

but why do all free speech cases involve the wore -- the worst creeps? >> i am upset because you keep cameras under the table here and now that it is legal it takes the fun out of it. >> the san danger zone is what i call it. cross your legs, dan. joanne, you love getting your picture taken even by perverts. where do you stand on this issue? >> if it is my privacy, just the term up skirt. with gravity skirts come down. the way they drape down. so to get an up skirt is unnatural so therefore wrong. >> it says that in the bible, right? >> i think that is the verbiage. if i were in my home and my drapes were not closed all of the way and someone were to be expressing themselves in an

artful fashion, one hand on a camera and another hand on themselves, i think that is crossing the line. then that's the issue. >> i had that case in about 1970. there was a nude commune in cambridge on lakeview avenue where everybody walked around naked. there was this old couple next door that complained and they got arrested. when i is cro examined the -- scros examined the old woman i said how did you see her? he said stood on the chair and watched. you are complaining? jo get off the -- just get off the chair. >> people are getting better looking now than they were then. don't you agree? >> no. a somebody who goes to south beach scwiet -- quite a bit there is a diminiutia. >> in this age of selfies and people are taking pictures of

themselves why do you need to search out more people to look at pictures. they are already putting their picture on-line and you go to jail and you don't get shot by me. and you go on the internet and find the selfies that is there. >> i think the solution is people. >> could somebody be arrested for trafficking in some child pornography? >> it is a real supreme court case. >> i represented a famous celebrity whose head was used on top of a naked body in a skin magazine and she complained and she won the skas. >> i am trying to remember who

that was. >> it was 70s or 80s. >> it was a big valley, was her nickname. that was the name of the show. that was the name -- it was a great show. >> this is not the lou dabs show. >> yes, lou and lou locked in a closet. there are two points i want to make. anything can be art. there is no such thing as art. >> anything can be art. i won a case by singing a song. i was representing the movie "hair scwts and they said there is no real hair. it is just music. how dare they stop? >> i can't wait to commit a

crime. my last point is when i got back to it originally, frontier jus at the -- justice. he is a repeat off -- off fender. won't that happen? what people want is balancing out the first amendment. >> i will be in new york or "red eye" when he disappears guy we -- >> we will tape it for that. >> six iranians danced to the song "happy" and they got what they deserved up to one year in prison and 91 lashes. but was the punishment too light?

♪ >> earlier this year they violated islamic law and women from appearing without a head scarf. i filmed a happy individual joe. video. take a look. >> how many lashes would i get for that? >> are you kidding, lashes? you know those cranes they have, there are no gay people in iran. >> i know, am din -- only din -- he said that. >> is iran an awful place? >> it an awful place. but it is an awful place that may be getting nuclear weapons and trying to turn us into an

awful place too. that's a serious issue. >> what do we do? >> we don't let them get nuclear weapons. guy we will have to go in and bomb them and that means war. >> we will have to go in and use our economic leverage and try everything. don't let isis divert us from the big issue of iran with a nuclear weapon. any president who allows iran to get a nuclear weapon is chamberlain. >> you don't know who chamberlain is and that's okay. >> what exactly is wrong with iran and what would you do to fix it? >> the thing about this story, i mean, you set guidelines and you have 91 lashes for hip hop.

>> who have you defended over there. i got into a lot of trouble. he got 20 lashes and president clinton complained and i pointed out if it was my kid and he had 20 lashes and they don't get aged and you don't get raped. i am more of an advocate on corporate punishment. >> joanne is saying what is wrong with getting lashes? >> have i on two -- i have two pair. >> other countries suck. >> it really doesn't. >> america is the greatest on the face of the planet. i will take that one. hip hot is to islam as what rock and roll was -- >> it is the influx of the culture into society where we are in the present and hi name

is pherell. the majority of you would love to lash people because you don't like hip hop. pherell has produced some of the most valid rappers in the game. not only is he with hate, he is also with the guys that are making the movie with the kids. it infiltrates other countries. your country music is not infiltrating iran. >> how dare you attack country music? >> i will be the -- i am not attacking it. i like gun powder and lead. it is one of my favorite songs. what i am saying is it

infiltrates in a way that no other american culture is infiltrating at the moment. right now hip hop is doing what no other american culture can do. >> it is the 30s and 40s. >> it is actually a great point that you made three times. >> i will say it a fourth if you need it. >> that is the nature of hip hop. over and over and over again. >> see! come on, you cannot tell me -- >> i trust the girl over here. >> joanne the actresses said they were tricked into making the individual joe. video. >> i think they really wanted to be actors. it was justifications to themselves. it is important to say that these aregnp suspended sentences. if they committed no other infractions or i don't know if that is the right word, but it null and void.

guy how do you take the whipping back once you get them? >> okay. i don't know. >> they said first let a kill all of the lawyers. first they kill the musicians. putin put whoever hi name is in jail. the musicians have the big impact. >> what about singing lawyers though? you are in double jeopardy. >> kill the singing lawyers. >> there would be a lot of people on major side. >> it is important for the kids though. the kids in this country to see all of the freedoms they have and every time they up load a stupid video, they should be like, you know what, maybe i won't because there are some kids who can't. >> at universities today they don't want freedom. they want everybody to tell them what they can't read. "mobey dick" are you kidding

me? the cruelty to animals and he is a white whale and dick? i mean come on, we can't do that. we are getting there. >> for some reason mobey is allowed on campus. i hate mobey. no i like mobey. but it does have interesting scenes where i can see -- no, i can't. you are right. the most intolerant place on earth is university campuses. it is insane. >> you can't tell jokes in the classroom anymore. that's why i retired from harvard. 50 years of telling jokes and now they say no more. >> way to go. >> i come on this show and i can tell jokes. >> before i move on i want to ask, how do we share a planet with people who are unstable, crazy and mean. i am pessimistic about where this is going, that it is going to be a nuclear solution

and it will be ugly. >> if iran gets a nuclear weapon it is going to be an apocalypse. they threatened to use it against israel and they threatened to use it against sunni states. they have to be stopped no matter what it takes. they have to be stopped.lñ >> maybe it will be hip hop. >> it is understanding that good and evil exists. good cannot bury its head when evil is striking. >> there you go. way to go. coming up, does allen dershowitz regret being on our show? let's do the pod story. >> what do you want to do, the pod story or the mascot story? >> pod. >> all right, we will do the pod story.

i what wasn't

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before the daily grind they alter their mind. according to a new report 1 in 10 americans, which is more like 50%, have shown up high to work. and more than 80% say they buy their weed illegally. sounds like it is another time for another trip -- i'm high. tr sponsored by payless shoes. the fish are plenty for fans of 420. singles who smoke are turning to marijuana friendly dating sites to avoid what they call frequent rejection elsewhere for their puffing pa time -- past time. my 420 made.com and greg is my drug of choice. all of this raises the question, where is bee?

where is bee? where is bee? >> no wonder i don't use pot. >> you don't need pot when you have "red eye." people against legal -- legalization will say this is a good reason because you will have people operating fork-lifts and driving buses and bus fork-lifts. >> you are good at pantomiming. >> is that a justifiable

origin? >> i am in favor of legalization or de criminalization. i don't think our jails should be filled with people who are recreation alley using, but i don't think people should come to work high. >> so develop laws and rules so if people show up high, and when we worked everybody showed up high which it didn't matter because everybody was high and it wasn't a real job. none of the stuff mattered. nobody remembers what we did especially the work you did which was forgettable. >> where am i right now? >> i saw a guy argue a case in the supreme court high and he did a very, very good job. he was very loose when the justices asked questions and he won the case. >> i think it may help a lot of people including myself. dan, do you get high? >> i don't, but i all come prepared in case i am about to get high. if anyone gets the munchies. >> you are like the carrottop. >> it is a lot less hair.

i love the dating site actually. how great is that for dating? should we go out for an expensive dinner or just sit on the couch and watch "full funyons. that's your date every night. >> that's a good point. i will go to you, sonny, because we haven't heard from you yet. the problem with a relationship where somebody smokes pot and another who doesn't it will not last. >> and another thing that will not last is two people going into a relationship smoking together and you don't know if your relationship can survive without the smoke. that is one thing. if you are serious about somebody and if you smoke with them, stop. see how your relationship is outside of the smoke. >> that's called marriage. >> see if it will last. i will give you a story. say there is a girl who grew up in an all black neighborhood, and she transfers to an all white school. >> talking about joanne.

>> and let a just say she happened to participate in this smoking activity before she went to the all white school. it messed her up for the rest of her existence because everything looked different. people wearing black make up -- i was -- okay. i was traumatized. i never, ever, ever did it again. it was the last time i ever smoked before i went to school bough i was completely traumatized. this is what i would say. if you want it legalized you have to understand that you have a responsibility as well. don't smoke before you go to work. don't spend your money on weed when you cannot pay your rent. >> remember, the people that are doing that are not going to listen to you. >> actually they will. the people who want it legal because they get up every day and go to work and do the right things and don't want to be criminalized for it, they will. don't do it at work. don't spend your rent money on

it. do not smoke with the youth that do not have their live together. if you do these you bring responsibility to it. >> could you just chill out, sonny? i smoked a doobie before i came on. i even felt ridiculousr saying that. >> what about the dating sites? is it good to match people? >> definitely. it gets rid of the guys who would want to smoke with me. i am not into that. if you are into that, awesome. if you can find someone who like you said just sitting at home and eating funyons that's somebody's happiness and i will not take that from them. >> it only sounds fun until you get there and you realize you are surrounded by weed heads. and then it is no longer fun. >> but if you are also a weed head -- >> no, no, no. you think it is, but it is

not. the intelligence level is so far down -- everybody -- just because they smoke are not on the same level. you can talk to one person and have a highly intelligence conversation and then talk to somebody else who wants to talk to you about scooby doo. you are like -- it is completely when you realize -- >> i want to talk to the scooby doo guy. >> no you don't because he blames it on the kids all the time. >> gang it is a good idea because you will find a guy who likes box wine. >> he can carry a few for me. i can't carry all seven at once. >> never mind. i won't get into the other sick joke because we will go to a break. coming up, a story we have been sitting on for a week. until i forgot what it was. first, a word from our sponsor. >> tonight's sponsor is the international waters cruiseliners. looking to get away with a crime? hop on board an international

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does mighty make it righty? a california high school, they have them there, changed its arab mascot after complaint it was offensive. originally a hook-nosed

one-tooth cartoon has an replaced by a sleeker, cleaner and more positive arab. coachella valley high school also changed the team name from the arabs to the mighty arabs. the mostly hispanic community chose the arab mascot because the area produces 95% of u.s.-grown dates. i have no idea where that connection comes from. >> because dates are originally from the middle east. >> thank you, dear. finally, information. we asked joe biden what the arab should be changed to. >> the wisest man in the orient. >> any other suggestions, joe? >> the shy locks. >> agree to disagree. professor, is this a wise move or pan -- pandoring move. >> it is stupid to name any team after an ethnic group. in holland there is a soccer team they call the jews. when the team doesn't like them they say jews to the

gas. >> that's horrible! >> it has nothing to do with the jews. if you don't like the team you attack a mascot. i don't want to say anything about arabs or native americans. you should never name a team after any ethnic group, period. >> it puts you in an awkward situation, dan. most of the people are not arabs there. they are hispanics. by the way, what are you? >> i am a human being. i went to an all black school. i have a lot of personal sympathy for this school. my high school team were the flaming arrows. if you put mighty before that we would be the mighty flaming arrows. it sounds like he is not an arab, she a mighty arab. it is a weird adjective. >> were you really the flaming arrows? >> we were. we had an amazing theater program. >> what are you trying to say? >> i don't know what that

means. >> my high school had no mascot. it was called jashivi university high school of brooklyn boys division, brooklyn branch of yashivi -- imagine our loco motive cheer? we had no mascot. >> what is the acronym. >> give me a b! >> exactly. did you have a mascot? >> we were the howl rebels. we used to have a confederate flag and it changed several years before i was born. >> did you march to get it back? >> why do we need mascots. go big blue! short arrows, why not? they always go straight. >> the flaming arrows. >> if they wanted to change it, maybe uh alladin. everyone thinks highly of disney or the problem with mighty, it is kind of masculine, and it also kind of

means a large or strong and that's where the eating disorders start. >> the biggest ipo in the world history calls itself ali-babba. that's an obvious take from an arab name and it is a chinese company. >> we should sue them. let's do a group suit. >> they have deep pockets. >> sonny, what do you make of this? is this pc nonsense run a muck or is it time to get rid of the mascot? >> since i was in a band once i always think of the production of it all. let's think about the phil show for the mighty arabs. all of the cheerleaders come out in scarfs and everything. they come out and the band starts playing "oh infidel" and they raise the isis flag over the top of it. the baton twirler comes out and throwing the flag and his suicide vest throws up. it would be the most awesome field show you have ever

seen. i don't care. he told me. i'm black. i don't know what i am saying. he does. >> i didn't say that either. >> you have improved greatly. >> i will go out and up skirts because this is getting dangerous in here. >> way to tell isis where you are going. >> i think we learned nothing on this except for animal mascots, animals don't care if you offend them. >> peta does. they will throw blood at you. >> peta wasn't saying anything when the isis people are practicing on animals before they behead the humans. where you at, peta? >> that's true. there is a stacked deck against a fleck, affleck? whatever. it is speaking out about getting kicked out of a hard rock hotel and casino after

pit bo -- pit bosses saw him counting cards. the actor told details magazine, where i get all of my details, that is a true story. once i was decent they told me not to play blackjack. the fact of being good at the game is against the rules and it should tell you something about casinos. good point. >> i mean, i mean -- >> that's a good impression. professor, i don't understand this. it is not illegal, but they can throw you out because you are good. >> they want you to lose. if you start winning they tell you to play blackjack where you can't win. >> that's wrong. >> my son was playing poker in a las vegas casino and i was standing behind him because he is good and i'm not. the dealer said i know who you are. you are eric von -- whoever, the poker coach and he threw me out. i was is so flattered. >> you didn't tell me -- no, i am actually a professor. wouldn't that be great that

you are him in another country? i don't know about you, professor. >> how are casinos allowed to kick you out? >> it is the same reason you and i were kicked off of our college basketball teams.g@ if you are too good at something, too tall, dunk too much and people don't want you. >> it has happened in almost every sport with me. >> they say i am cut, but they don't want me there. >> i was suspended from my varsity basketball team. i was a junior and a bench guy. they suspended me for academic deficiency. i had a 68 average. >> take that. >> you needed a 70 to playéç basketball. i was thrown off the team for academic deficiency. >> that's fantastic and now look where you are. >> i don't think that's what he means. >> are you surprised ben affleck could count? >> i am surprised you know i would care about ben affleck. >> how dare you?

>> i will pull a bob beckel on this one and refuse to talk about it. i say because it is my birthday, if you want to give me a guess, go and get it and that's all i will say on the subject. >> that's interesting. it is my favorite liberal trait. if you can't answer a question say you are not gonna. you make up for it in other areas. >> it was an insult. it is not cheating. it is a strategy. how do you ban somebody for a o figure outmact the strategy to penny slots. i hit max bets, but when i hit the one below max bets is when i win. i think this is a pr stunt. i think he is directing and staring in a movie where he is playing a card shark coming up, and this is all -- all of

this media buzz will help him out. we will all believe he is a card counter. >> he just had the movie come out about him being the card counter, the gambling dude. it flaked so bad. the one with him and justin timberlake. >> you are thinking "rain man." >> you are thinking "bonnie and clyde." >> no, he did. >> you want to see the greatest movie? walking -- "walking in the tombstones." it was fantastic. it was made in brooklyn. it is terrific. it is a dark, wonderful movie. >> you know what i saw on sunday which everybody said was great was "love is strange." nobody has seen thiséç movie. it is about two gay men who get married in new york and they have to move out. i am doing a movie review.

it is john lithgow. and i don't know why i am talking about this. >> everybody can thank sonny we are no longer talking about ben affleck. >> bennifer deserves our attention. >> that's true. >> that's not going to last. >> time to take a break. when we come back, the dl on b.o. if you haven't got my book, you should order it, "not cool" by greg gutfeld. my head is exploding just for you. 3w

they want to quel your smell. a town in washington state is trying to stem the stench in public spaces. it is the subject of tonight's. >> "red eye" debate, live from the" red eye" debate center. >> nothing but the best, professor. welcome back to the "red eye" debate center off the coast of lima, peru. you can redeem your ticket to tonight's debate at podiatry pete's. if you are in washington and you have bad body odor including city hall, city parks and the library, old factory off fenders can be banned for a year. residents aren't surprised it is a law. >> i am hahn neely surprised -- i am honestly surprised it is a law. >> what constitutes a bad smell? is it cologne? is it body odor? >> is it cologne?

body odor? something you drank? something you ate? >> is it a cultural thing? >> defacation in your britches. >> exactly. the aclu says it singles out homeless people which is wrong i have been told. i heard you know a thing or two about constitutional law. >> it was a great philosophy. it says the law prevents the rich and poor from sleeping on a park bench. you can't have neutral laws that clearly discriminate against the poor. second of all, who knows what a bad smell is? but, you know, there is cologne. my wife cannot stand the smell of cologne. she knows. she can tell in the next room if i try to put on cologne to cover up something. it is too subjective. >> i want to know what you are covering up.

there is a body somewhere in his house. cologne! cologne, old spice! here is my theory and sonny i want you to answer this. people have peanut allergies. why can't i have poop allergies? i smell poop and i get sick. >> i smell heavy garlic and i get sick. why do you want to smell like garlic and sit next to me on a train? >> you smell like dorritos and i don't like the smell of those either. you can't do anything except say, hey, can i move to a different seat? i don't know, you know what i'm saying, i smell like fried chicken and you might not like that. who is it to say what is equivalent? >> we will have political correctness tests of what kind of smells can you object to and what can't you object to? >> joanne, you smell -- wonderful. but what if i don't like

that? >> i think if you can smell yourself, that's when you know. i think you can get used to the funk. i pay excellent taxes to live in the city. maybe more than i would like. i want to smell my tax money at work or rather not smell my tax money. >> you know what, you are not rich, but you are acting rich. i like that about you, joanne. you know how you dress for the job you want? it is in the class system. last word to you, dan. should there be a law or shouldn't there? >> one summer spent at tower records back in the day where lots of foreign people came who aren't so into deoderant. do you have the celine dion? >> before you -- >> what is a record? >> before you off fend anybody else, we will take a break. we will talk about the professor's book. you don't want to miss it.

it is excellent. stick around.'wóóñt

next week we have john bolton, lauren sivan and anthony.

i want to talk about your book. it is called "terror tunnels, israel's just war against hamas." >> i wrote it in a month. i was in one of the tunnels and that inspired me. i was allowed into a tunnel that lead out of a kindergarten near where 57 kids could have been killed. i knew there was going to be a war. i wrote it quickly and finished it last thur and friday it was already out and monday it was a best seller on amazon.com. >> it is number one among national security books. it is also though you talked about isis a bit? >> i do. i say hamas is to israel as isis is to the united states. they both use the media. isis beheads to recruit and hamas has created the dead baby strategy. they purposely put their children in harm's way and brag about it. they want israel to kill kids so they can show them. it is the cruelest, most horrible strategy, but it always works because the media likes to show -- >> this leads me to my -- the thing that is driving me

crazy. i want us to annihilate isis. they are showing the beheadings so we do that. i want to deprive them of what they want and the only way is to bomb them from above. >> and they are going to hide their soldiers among civilians like hamas does. america will have to kill civilians. we will look terrible around the world. it will help them recruit more people. there is a no win strategy against terrorism. you can only hold them at bay. you can never totally defeat terrorists. >> they are roaches. you are the roach sprayer and you have -- or you are the lawn mower. you have to mow the lawn every couple months because they grow up. >> it is interesting because israelis talk about this as mowing the lawn every two years. hamas does this every two years. more rockets, more tunnels and there has to be an attack. israel wins on the ground, but israel is criticized because there are dead children you can see and nobody can stand the sight of dead children. they don't realize that if you

rob a bank and if i take you as a hostage and i hold you, and then i'm shooting from behind you and to stop me from killing civilians shoot me and hit you and kill you, who is guilty of your murder? not the policeman, the guy holding you hostage. why doesn't the world understand that? >> i have time for this one question, it is the media. why does the media have such a bizarre take on israel? >> it is so easy to count the bodies. of course all of the media is allowed into israel. so they can report everything. nobody is allowed to syria. >> i am not going there. the book has been out for a week? >> and it is doing great. it is a bargain. it is 5 bucks. >> i hope you come back. >> my next e book. it will be in a couple weeks.

>> thank you, sonny, thank you, dan, thank you, joanne, thank you, professor. i am greg gutfeld. have a lovely weekend. maybe we hillary pete this one. -- we will repeat this one. i think we will. it was a good show. i see you nodding.

over the past several weeks, we have seen all too much of the nfl doing wrong. that starts with me. i said this before back on august 28th and i say it again now. i got it wrong in the handling of the ray rice matter. and i'm sorry for that. >> this is a fox news alert. nfl commissioner roger goodell moments ago addressing the scandal in america's most popular sport. as you just heard, goodell took responsibility for his errors in the pa