vote in our gretawire poll. up next o'reilly factor. good night from washington. see you on monday. tonight on "red eye." >> coming up on "red eye" are crickets sick and tired of being used as the default noise when something isn't funny? we caught up with the cricket supreme leader for comment. plus does the president think rob base was correct in his assessment that the whopper is better than the big mac? >> let's put forest once and for all, look at the evidence. there is no doubt. >> and finally, the tragic tale of a man whose brain won't let him stop bract dancing. our panel has tips on how to keep your loved ones from contracting the terrible disease.

>> i'm andy levy in for greg gutfeld who is out trying on halloween costumes. now let's welcome our guests. she is a defense attorney. he used to be a prosecutor. good luck getting people to trust you now. i am here with remi spencer. she shivers in the wind like the last leaf on a dying tree. it is thanks to her cold, cold heart. he spends sis nights in comedy clubs and his days in depression. and he treats "red eye" like a professional and that's why he wears the same uniform. with me is nick gillespie. how about that? >> a block. the lede. that's the first story. >> he wasn't looking at lincoln because he preferred babes to abe. a judge has ruled a man who took up skirt photos of women he lincoln memorial didn't violate their privacy. it is yet another --

>> victory for perverts. >> in 2013, christopher cleveland was busted for taking pictures of women in dresses sitting on the memorial steps. park police officers found shots of crotches and butts on his camera. the judge, a woman, they let them do that? wouldn't let it be used as evidence. the judge wrote in her ruling, this court finds no individual clothed and in such a manner and in the presence of countless other individuals can have a reasonable expectation of privacy. they called the actions disturbing, but argued because he didn't go to extraordinary lengths to get the creep shots he hospital be charged. is the moral of the story to always wear pants? >> the moral of the story is always wear pants. >> try telling that to the squirrel. ing.

>> disgraceful. disgraceful to the squirrel kingdom. remi, you claim to be a lawyer, but i have to admit in the 22 years i know you i have seen no evidence of that. what do you think of the judge's decision? >> i disagree with the ruling. >> really? >> i absolutely disagree with the ruling. of course when we walk out of our house or apartment, we give up some of the privacy rights. you enjoy the most privacy in your home. when you go out in public you don't get the same rights under the law i don't think women or men give up all of their rights. if you are sitting on a bleacher and a guy goes under the expwhreecher and takes -- the bleacher and takes pictures, i don't think i have given up my right to remain private and in my private areas.

the fourth amendment analysis is reasonableness. what the judge said is if you go out in public and you sit in a way in public that someone can see up your skirt, too bad, so sad. i disagree with that. >> all right, nick, the judge said -- remi x you are completely wrong by the way. the judge said cleveland's actions were repellent and disturbing, but not illegal. i think that's right. >> that's actually how you describe the title of my memoir. i disagree. first off, you never want the courts or never want anybody to be saying that people can't take pictures of stuff. that's problematic. yes, he is a creep and as a libertarian i am not in favor of public money youments. i think they should be privatized. maybe you have a dress code and it is a different story altogether. if you are sitting around and stretch your legs, it is a fair game.

remi? >> if you are sitting there and not sitting in a way -- >> if you are sitting there and laying back or scratching yourself and somebody looks over, why wouldn't you? we laugh when the plumber bends over and we can see his crack. what is the difference? >> there is a big difference between a plumber's crack and a woman's private area. >> very sexist, remi. i want to get tom into this. the judge said this guy didn't go to extraordinary lengths. assuming that is not a penis reference, do you agree? what remi is saying if you go under the bleachers that's a problem. what the judge is saying is this guy didn't do that. he was sitting there and taking pictures and he could get shots like that without going to any extraordinary lengths. >> i know that i usually have shorter arms i have to get on my back and look up people's skirts to get the shot i want. the judge is a female and wonder if she would feel

different if it was an up robe shot. here is an example of how devout muslims and/or that you docks jewish women and amish women have an advantage over the typical american hussey. >> slept -- excellent legal points. do you worry about creeps like this taking your picture? or any attention is good attention? >> i like attention, but i work worried that my intimates were not my good ones. it is laundry day and that would be embarrassing. do i think all gross people should be in prison? yes. but that is not how the law works unfortunately. i agree with the judge here. if this was in his sight line

maybe he was trying to snap photos. how is that there? if he was pointing the camera or if it happens to be in the shot. >> with with the ease and access to technology we have these days you can take your phone and zoom in on somebody doing something appropriate and get an angle that wouldn't be available to you. i think it is a balancing act and if it was sitting there making it available. >> can we talk about this for the rest of the show? i think what we will agree is it will bring people out to the lincoln monument. >> and we should have women advertised on their under garments. and then make a little revenue. >> my question is obviously women shouldn't like this guy. this guy is a complete creep.

>> i'm me. i think men need to hate this guy too. people like him will make more women wear pants. >> that's true. >> maybe i'm a trial of the 70s. women striving to find high wasted pants? >> i don't know anything. >> i retract that. >> i don't know. >> i didn't know if you were trying to say something. >> no. >> i'm checking. >> i just wanted -- is the answer here that women should stay home and stay in the kitchen? is that what you are saying? >> tv's andy levy, what is going on there? >> moving on. >> of course not. reasonableness. i don't think it is reasonable for somebody to be snapping pictures of other people's crotches. sorry. that's my opinion.

>> judgey over there. did this cute behind make her flub her lines? gwenyth paltrow was overwhelmed by president obama's beauty and it turned her brain to goop. at a $15,000 a plate fundraise neither paltrow's los angeles home, she told him, you are so happened so many i -- you are so handsome i can't speak properly. she said, quote, it would be wonderful if we can give this man all of the power he needs to pass the things he needs to pass. that's not frightening at all. the president spoke about fighting isis and combating ebola and income equality. he also thanked gwenyth and her children to let them, quote, crash at their house. i believe we have footage from inside the fund -- fund razer.

>> dinner. >> all right. >> when they talk about the colt-like worship of president obama, it is a good example. >> why don't you get him some fiber. >> i think she was talking about laws. >> gwenyth paltrow, she is plumbing the outer limits of how many people on the planet can hate her. >> nobody is happier about this than anne hathaway. >> speaking of chris martin, is he looking for a rebobbed guy? is that what this is? >> i have always loved gwenyth. we don't love her for her brain though. we never have.

it is ironic because all of the democratic candidates are uncoupling themselves from obama and his policies right now. i don't think she is a good flag bearer for the democratic fund raising world out there. i think she is the blonde aloof woman. >> president obama is a good looking guy. he is not taft. he is no zachary taylor. >> i love that gwenyth paltrow says president obama's handsome face turned her brain to goop. i'm sorry. i think it was goop before she saw the president. why is she putting herself out there in a political discussion? what does she hope to gain from this? if she is that dilutional i feel sorry. she is her own worst enemy. >> she always has been.

you say the president should change his middle name from hussein to dream boat. did you say that? >> i did not. i don't see what she is seeing. and she is a home wrecker. he is a married man. i don't believe michelle was there. would she have said that if she was? >> i don't think so. >> probably not. and why is she working on hard. he is already in her home. you are not trying to win him over. people are already paying $15,000 for a plate which by the way what does the dinner taste like? salty tears with a dash of regret? >> it is not for the dinner, just for the plate. >> 9 food is a la cart. >> the thing she said about the way he looked was gross. the thing she said about wanting to give him all of the power he needs. this is a common liberal

thing, isn't it? when a democrat is in office it is like thomas -- it is like thomas freed man does this. >> it is like chai you that. >> it is deeply disturbing and republicans and conservatives have their fantasy as well. just give him whatever he wants. that's one of the few things you can say about the u.s. the president rarely gets to do what he wants. >> the president admitted that most of the economic games in his turn have gone to the people who were attending his dinner, ie rich people. should we commend him for his honesty? >> i think we hospital have to commend our president for being truthful. to me it is like a baseline. it should be the absolute bearest necessity. i would expect that of my

president. these dinners, the political fundraisers, maybe it is about the candidate. i think these guests pay to go to the parties so they can feel good about themselves. i have the money to be here and i am rubbing shoulders with the other masters of the universe. that's what this is about. >> and paltrow having no idea what she does that makes people dislike her. >> that's ultimately -- she has ultimately no idea how people -- why people view her the way they do. was he a sailor or an assailant? a group of french feminists want a statue on the vj kiss removed because it glorifies sexual assault. he stands outside a museum in norman dough, france on-line from california to mark the 70th anniversary over victory over japan day. they say the woman in the original photo had the kiss, quote, forced upon her. said a spokesman, the fairer

could have laughed with the women and asked if he could kiss them with joy. he chose to grab them with a firm hand and it was assault. it is the second most iconic kiss? history after this one. >> everybody was completely grossed out. >> they are just cleaning it off. >> who did they beat? china? >> the fact that they are still alive. >> would you sign this petition? >> no. i did a little research. this woman who was kissed never filed complaints. she never claimed she was harassed. there was something about the

moment that is iconic. he couldn't have victimized her. >> if i can answer that, you did research. she and the sailor exchange christmas cards. >> does that make it okay? >> yeah, maybe she can't admit the assault. all i was was the 25-foot statue, that lady had real gamps. they started here and then went to the ground. that's all i can say. >> that's insightful. >> talk about an up skirt. >> joanne, would you let a random guy kiss you in time square? if i guy saw you and started kissing you, is that assault? >> i try to avoid eye contact. however, if i knew i was going to be a part of art and i would be immortal in like a statue, i may let it happen.

>> it is going to be elmo. what if it is a symbol of sexual assault. this will be a teachable moment. we can learn from this. tell the kids that is not okay. they have an image of whatnot to do. >> as the only feminist on tonight's panel, how -- on a scale of 1-7.3 how upset are you by the museum's decision to keep the statute out? >> no charges were filed. they were both caught up in the moment. they found each other and surrendered to his kiss. if anyone should know about surrendering, it would be the french. >> this woman the feminist is never happy. >> clean it up.

>> her eyes said no and her mouth said yes. >> if this happened the same way today would anyone argue it is not sexual assault? >> if it were the end of the world and we were all in the streets and some guy kissed me -- >> when we come out of iraq for the third time. >> he grabbed your hair and yanked your head down and kissed you -- >> is there any other way to kiss me? >> without asking permission. >> was he handsome? is he good looking? that makes a difference. >> i was going to say this is disturbing. in a contemporary moment you would say that is f-ed up. >> of course that's true. you remember right after 9/11 how everybody in the city came together? if you had an equally powerful, but positive moment in the city, i could envision this very thing happening and

nobody. >> so on a joyous occasion sexual assault is okay? >> i think it was consensual. >> she said it wasn't consensual. she wasn't upset about it. >> then it was consensual. >> did you see the lines in her stockings. >> very, very problematic show. didcoming up, is nick gillespie trying to be your sugar daddy or leather daddy? two things rich white people love, offering smoking bans and watching "red eye" on fnc. stick around.

they want butts in their

seats, but not on the stage. the title character works in a spanish cigarette factory. they made the decision after a $400 sponsorship from a government agency that supports art organizations and that promotes health messages. the general manager said the fact that they said it in a tobacco factory presents difficulties. >> nick, you have got to love the idea of a company changing their approach thanks to a government-funded sponsorship. >> it is great. i want to see maybe a vaping

vapingvaporium. >> remi, i know i don't live there, but can i sue for being insane? and will you take my case pro pro-bono because i have no money. >> a couple of things. no. >> i know, whatever. >> i do plenty of pro-bono work, but i don't sue people. to answer your question, no. this is so sill looy and stupid. it is really just to gain attention. the opera ip a dying brand. people are not going the way they used to and paying for the tickets and here we are talking about it as are a number of media outlets. 234 that respect it is a brilliant move, but don't mess with carmen. >> i feel you don't watch the show. i do a segment every night called on p pro corner. i am hurt you didn't know that. this logic you shouldn't do

performances of shakespear because sometimes there are murders. you don't want to promote that. >> in le-mi is there were brothels. you can do the version of "breaking bad" because it is in a meth lab. first of all i think all opera should be canceled. i can't stand -- i'm sorry. i went to to see the opera with my friend with duct tape and ether and i will never go again. the fat lady sings for three hours. >> i don't think that was an opera. was that in a basement in the village? >> i want to get the address of the place. >> joanne, you hate smoking, but you love the opera. >> a lot of people don't think opera is cool but a lot of people think it is cool. we need the kids to be

interest interested in the arts and opera and smoking, obviously no. i am conflicted. they should do it because this show is iconic and influential in the final line and the future shows. maybe in the play bill you have a little disclaimer like smoking is bad or you have a health number for people who smoke. >> there is the truth campaign. they say you can be the generation who ends smoking. i would love it if they were the generation that ends -- >> you can't say that. the metropolitan opera will go bankrupt. >> a taxpayer subsidized art is an offense against aesthetics.

>> nick, this is what bugs me the most. this is a quote from the general manager. it says it presents difficulties if you are using nonhealthy in smoke environments. it is not the job of an opera company. >> i agree. how does it promote smoking? you have consumption and i assume emphysema. i don't think she knows that. by the way, apology to you people at home for spoiling it. remi, last question, the opera general manager who doesn't even know that carmen dyes says they intend -- they do intend to do carmen after the sponsorship ends. >> that's even worse. now they say -- they don't even have principals. >> give us the money. give us the money. you have a problem with smoking so we hillary arrange

our play list for you basically. i am all for healthy living and i understand some people feel strongly about smoking. we are not going to erase the fact that people smoke and they used to smoke on a regular basis. you can't remove it from something like carmen's and it won't change people from smoking. the whole thing is ridiculous. >> we all agree the general manager should bea in jail? >> yes. >> coming up, katy perry is announced as the super bowl performer. here is to a wardrobe malfunction and i can't talk. >> don't you wish swords can be less. they are foam swords. the only thing these will cut is your cool factor. thanks foam sword.

will half time be a hot time? reports are that katy perry has been picked to perform at this year's super bowl. according to page six which is owned by our parent company, the pop star beat out rihanna and cold play and rihanna. this summer it was reported that the nfl was asking potential half time acts to actually pay for the privilege of performing. when asked about the scheme back then, perry told espn,

quote, i am not the kind of girl who would pay to play the super bowl. did she cave and pay her way? unfortunately contract negotiations are confidential so we may mefer know. and we really don't care. you are a huge katy perry fan? >> i am. i don't expect to have the kind of problems we have had in the past, in the recent past and it will be family friendly. >> what do you mean the recent past? >> her tom is probably not going to -- her top is probably not going to fall off. we won't see offensive body language like madonna had. >> you just lost every guy viewer jie. balogna, they will be watching. >> i think at this point, the nfl should think about paying viewers. for the same reason with opera, the nfl gets too many taxpayer subsidees.

>> can you just enjoy life? >> if i'm paying $1 in taxes. >> this is why people hate libertarians. >> we all get [inaudible]. katy perry or someone else? >> they had to -- you couldn't have rihanna because rihanna is not getting punched in the face she is singing about how much she likes getting face. >> that song with vanilla ice, yeah she sings about the bed burning. >> that was em -- em eminem. >> s and m, eminem. >> are you rooting for a vikings and ravens super bowl. >> that's right. i am not a big fan of katy perry.

he does not want to see katy perry at half time and they will click away and i saw her movie "part of me" and i almost walked out. >> all right. i am not a fan of katy perry's music. she doesn't seem like a bad choice. >> if she does the song "unconditionally" i am going to freak out. she is putting the wrong accept on the wrong part. you shouldn't do that it is. ♪ unconditionally. ♪ >> she is putting it on the wrong sill law -- sill -- syllable. >> she does a lot of stylized performances with crazy costumes, so we will have a lot to talk about on monday so it will be a good show for

that. >> i am not a fan of her music, but it is a good choice. she does the whole costumes drama stage show. the idea is men are watching the super bowl already. this gets women and young people to stick around and watch it. >> it will get a lot of younger boys too. i have a 13-year-old boy and he likes katy perry. sorry about that. >> and it will get a lot of disgusting middle aged men like me. >> you had beyonce two years ago and any other female you can't top beyonce. >> ain't nobody gonna top the queen b. it costs more money if you find it funny. a comedy club in barcelona, spain is experimenting with a new system that charges per laugh. wow, i am having a greg gutfeld moment. let me start it over.

the club installed tablets into the back of the seat that uses facial recognition to determine how much you laugh during the show. each laugh costs .3 euros and a cap is set at 24 euros which i believe is $7 million. so far the feedback has been good. the prices are up six euros overall. doesn't this encourage the audience not to laugh? >> i was feeling sorry for the men and women on stage. it is hard to get up and do stand up. people will be fighting the urge to react to what is being said. >> it is a way to get people in their seats. >> and i think that's probably why they are saying it is working. think about paul mccurio. >> i would owe the audience money myself. what stops them from wearing masks?

where do you draw the line? is it to see -- >> exactly. where do you draw the line? >> i don't think the gentlemen clubs are hurting for business so they don't need to worry about that. >> joanne, i would like to apologize for the words and the actions of the quote, unquote, gentleman sitting next to you. >> you know what i like is there are no taxpayer dollars. >> finally a positive comment. >> this is also the -- you are probably not a fan of isis because they are not state sponsored. >> if thisy were an independent organization and they were -- joanne, do you laugh a lot especially after you have had two or 12 drinks? would you get charged dash --

will people drink less? >> if you are not laughing all of the energy goes somewhere. i think they will have more wet seats. i think people will start peaking themselves. you are holding it in and something has got to go. that might happen. there is a better way to do all of this. you shouldn't be judging somebody who is laughing. when people are uncomfortable they fold their arms and start coughing. when you hear a cough you say that's awful. >> we deserve that. >> i have done old folks homes and at the end there is not a dry seat in the house. i i did a show called "make me laugh" and the purpose is you

will have an audience full of people who don't want to laugh because they are tight with their money. >> time to take a break. when we return, a musical performance of tonight's special guest, young mc. stick around for that.

she won't embrace the embrace because he likes -- she likes her space. they urge you to say no to hugs or gradually build up to them. she often feels pressured into emotionless embraces. she raw meants as hugging is a common grieving it is losing all meaning. tony is troubled about respectful happened shakes and and -- handshakes and fun high fives are butt out hugs. once it is prop proat, quote, you won't be disappointed. i am a great huger. in obama's america with things like ebola running rampant, isn't it common sense to avoid as much physical contact as possible? >> after reading the story i really kind of wanted to punch her in the face. although i do want -- i have

actually -- i prefer drugs to hugs. >> you agree with her and yet you didn't like herpes? >> it was -- you agree with her and yet you didn't like her piece. >> i understand turning out her copy when you have nothing to say, but this was an extremely trans paisht case -- transparent case of having nothing to say. >> joanne, does she have a good point of hugging losing all meaning? or is it an ungood point? >> i just got confused. >> me too. i understand what she is saying. typically rugs are good though. typically hugs are good though because science says they are. it is good for the body. gut if it causes too much stress to hug it wouldn't be good. i think she should hug

herself. maybe that is better for her. she is right. the one arm butt out kind of hug. i say do away with that. there is something intimate and wonderful about a good hug. i think there aren't -- >> do you want to teach them? tom how much fun must this woman be on a first date? >> atrocious. look i am short guy and i don't like hugging. high head ends up someplace it shouldn't be male or female. i don't like hugging and where is your french feminist now? you are basically rubbing up against somebody's body. >> what if someone offers a hug and you decline?

does that make you a bad person? >> it goes back to when i what is a young kid and the dig gee front rides i used to get from home. >> tony, she writes that she says she is not suggesting we need to go back to downtown abbie, but isn't that what she is saying? we need to keep the filthy unwashed away from the elite? >> and dresses need to go down to the ankles. we get rid of hugs and we don't worry about vj day. this may be the one thing we need in america. >> just as long as we don't do the fist pump. that's obama's thing. >> don't terrorists do fist pumps? >> that's true. >> a depressing night.

you can't kiss people. you can't hug them. but the federal courts say you can take pictures up women's skirts. >> only if you are hugging them. >> what is your greeting of choice? >> i like the pretend i didn't see you. it used to be the shiests and then the fist pump and the arm. how long until we are kicking each other in the imroin. >> i feel like a lot starts with athletes, and now the athletes do the jump in the air. that for some reason has not spilled over to the civilian population. >> i like the arm grab. you are like hey, is that okay? >> why are we touching each other? >> we are not. >> we are people who need

people. >> it probably releases oxyto -- okytorfin. >> she said she is a great huger. isn't that a huggable girl. do you ask them after you hug them how was that? scale of 1 to 10. what is good, seven and higher? >> yen. what is good for one is good for another? >> we all like different kinds. >> i like the hold the embrace until it is awkward. >> you are a hear smallers. a. >> ghost busters earned 70 cents on the dollar. do you have video of animals 1234 fox news.com/red eye.

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who is he going to call? no dudes at all. he confirmed that the ghost busters reboot is officially happening and will star, quote, hilarious women. no wherd on who -- no word on who will star in the film, but the all female cast will include kristen wiig and adam levine. our own joanne nosuchunsky caught up with murray and talked to him about it. >> i have no problem if they want to re-do a sequel regardless of who they cast. as long as they can fit the bill and do the role correctly, i feel this all female cast idea is being shoehorned into the franchise. >> oh wow, shoehorned. >> joanne, you were at comic-con and you will see more next week.

was mr. a palpable air of excitement about the reboot? >> people were divided. as you can see there was one buster of ghosts there. his friends with not on board unfortunately. i think female ghost busters makes perfect sense. women are sneaky and conniving and great at cleaning up messes. i think this would be a great business. >> their equipment did look not unlike a vacuum. i can't believe i just said that. and you said this is the worst idea ever. >> we have gone through this and through this. >> i kind of like this idea. it is going to sell a lot of tickets. that's a dream cast minus adam levine. >> bite major tongue. >> i think scarlet johansson

too. they will be in sexy and probably lycra uni tareds. it could be a silly take on the adventurer movies, the super heros, the anti-super heros. i think it will be fun. i will go see it. >> bill murray is more excited than anyone. now people can sopa asking him if they will do a sequence. >> if you have cast members that are funny, kristen wig and mccarthy and sara silverman, they n cay make any move -- movie. remember velma and daf neither from "scooby doo" they are doing a nice job. >> making a 30-year-old movie? come up with something new. >> what is next, female

vampire slayers? special thanks to joanne and nick go less spay. that does it for me. i will see you monday night. or tuesday morning. former pro football player ickey woods will celebrate almost anything? unh-uh. number 44... whoooo! forty-four, that's me! get some cold cuts... get some cold cuts... get some cold cuts! whooo! gimme some! geico. fifteen minutes could save you fifteen percent or more on car insurance. whoo! forty-four ladies, that's me! whoo...gonna get some cold cuts today!

hello, along with kimberly, ngl+xw9ék/p$z9íx7rg9aqy!;[s,dx p:w08úq8hy;ne(ly5@ps6gpjfi9xsn24 well the left would have you believe that following the path of liberalism is the key to a good life. yesterday president obama took that message to the next generation of leaders, the millineals. >> we're coming out of this recession be the most diverse, the most -- the good news is despite some of the grit