don ald's to get rid of its happy meal? surprising newen sights from a comprehensive survey. good morning, i'm chris jansing. this is the debut of "jansing and company" and joining us, terrorism an lift roger cressy, msnbc contributor, ezra klein, star jones, jonathan capehart and karen finney. 12 men and women will decide whether the suspect in a horrific rape and murder case lives or dies. the father, william petit, is the only survivor of the robbery and home invasion. his family was brutalized in 2007, sexually attacked and their home set on fire. nbc's jeff rossen covering the case. we talked about an hour ago. do we have any better sense of where they are in terms of charging the jury and when they

might start deliberating? >> reporter: 17 counts in all, 6 of them capital felonies, which if he's convicted on just one, could carry the death penalty. right now they're up to charge number eight with the jury, they have nine more to go. so this jury could, in essence, have the case and begin deliberating this afternoon. steven hayes charged with everything from capital murder to kidnapping to sexual assault with burglaries. william petit has waited three years for this 37 back in 2007, prosecutors say steven hayes, the man on trial, the man on the screen now, and his accomplice, according to prosecutors, joshua komisarjevsky broke into the family home, middle of the night as the petits slept, tied up and tortured all of them. made jennifer hawk petit to drive to a bank to pay a ransom. according to prosecutors they told jennifer hawk-petit as we saw of this surveillance video,

everything will be okay if you pay us, but it wasn't. within an hour jennifer hawk-petit was sexually assaulted and killed and the suspects lit the house on fire, killing as well their two daughters, haley and mackay lark on your screen. william petit only survivor who has been to court every single day. i spoke with him, he said he's waiting to see what the jury has to say. 17 charges in all. the jury will have the case, chris, today. >> thanks so much. there's a lot for us watch with the supreme court starting its new term today. for the first time in american history, three women are sitting on the bench. also fascinating cases, we're expecting this year, including a couple involving your right to free speech. this first one is a really emotional one, as well. is it okay for anti-gay protesters to show up at military funerals? >> how could anybody do this to another human being? they're animals. they turned it into a circus. >> god is punishing these

soldiers, punishing their parents, really, and the parents ought to be very thankful for me to tell them this. >> dan abrams nbc's legal analyst, star jones, former prosecutor, tv host and author. on a gut emotional level when you hear the father of a fallen service member saying they turned his son's funeral into a three-ring circus, case done, over with. but on a legal level, it's very different, isn't it, star? >> very much so. it's the balance of free speech versus good taste, and for in good taste these people fail miserably. and free speech, i think as long as they are adhering to the local ordinances, concerning where they're allowed to protest, where they're allowed to assemble -- >> aren't they close to the line at all, do you think? the first amendment was designed in part to protect unpopular speech. >> yes. >> people saying offensive

things, that's part of what the first amendment is intended to do. what's specific to this case that makes it interesting is the fact you're not talking about protesting at the white house or at the pentagon, you're talking about private individuals here. you're not talking about protesting the government's policies. private individuals the a private service, the question is going to be a balance of where do you draw that line between the privacy, for example, of someone's home, that the supreme court has recognized is unique, versus the quasi public nature of where a funeral is held and that's going to be sort of analysis that's going to go into determining this case. >> is not like they're goingen side the church or someone's home for the wake. if they're doing it outside on the street, you're going to have a hard time saying that individual privacy should surpass that. >> the super nanny case, this is california who wants to block minors from buying violent video games. i'm thinking, supposedly, there

are certain ratings on movies, for example, if you're little, you're not supposed to be able to go. >> the problem here, though, is the lean zraun, rigdrawn right. say this is deemed constitutional, you can prevent children from purchasing what are deemed to be violent video games i assume you can do the same with book right? wouldn't you be able to say if a book is violent, too much sexuali sexuality. >> can a little kid walk in and buy "playboy"? >> depends on the store. >> i think there are, no question, there are standards set in place in localities. the question is, where do we want lines to be drawn? and it make me nevous when we start talking about determining the violence in the i have vide making it the state's decision, not a parent's decision, we're going to decide what's too violent. >> too violent. but the state makes a lot of decisions. >> absolutely. >> they say maybe you want to

throw your kid in the backseat and not belt him in, and there was a big debate at the time but we all accept the fact that we put car seats and make parents do that, or we fine them. >> the supreme court has, in recent years declined, to increase the protections when it comes to pornography. i can't imagine they're going to increase protections when it comes to violence. >> i don't flow. i think -- i think on this one, i think it's -- i think it's unlikely that the court will you hold it but i don't know. it's -- these are the interesting questions. think about books like catcher in the rye, years ago considers so controversial, the idea that, oh there's this talk of all of this horrible stuff in this book and kids shouldn't read it and we should prevent kids from reading it. i'm not saying kids shouldn't play violent video games. the question is you should the state then, at the time the state standards would have said, kids shouldn't read "catcher in the rye."

you can't compare car seats to video games but what we think about changes. you know, the laws are fluid and they're based on how we feel about things. >> still more violence notice bible than there is in a lot of video games. >> some people say in almost any book. star, dan, thank you both. now that october's here, voters in many districts across the nation are starting to focus on the midterm elections, and conventional wisdom has been republicans will take control of the house. but maybe not so fast. nbc's luke russ erts joins me now. now they're putting out there they aren't so sure that they have the 39 that they need. >> reporter: well, chris, what we're seeing with polls being tied and a lot of competitive districts, republicans initially wanted to use this time to go after a second tier of seats to really bring about a gop wave, they would have identified a first tier of candidates they knew they could absolutely beat, and moving on to a second tier. looks like the first tier they

thought they could take out in early october essentially, make the races uncompetitive is proving to somewhat competitive. polls showing tight races. look at north dakota, south dakota, two house seat there's that republicans thought one point were gimmes. those polls are showing a tie virtually for republicans and democrats. but the other interesting thing we're seeing, governor's races, ohio, florida, california, all sort of being tied between the republican and the democrat is actually proving to greatly help democrats because of all of the house races down ballot. a lot feel races could stay tied, they'll be able to hole off the republican wave. there's no doubt republicans are going pick up seats, enon both sides agree with that. right now it's republican strategy -- democratic strategy, rather, of trying to avert all 39, possibly 30 to squeak this out by six, seven, eight seats. >> luke russ ert, thanks very

much for that. let's bring in ezra klein, dan rather, "the washington post" edit edite eddial righter, jonathan capehart, and karen finney. ezra, let's step back a little bit now, where do you see these races? are we at a point right now where the republicans are nervous at all about whether or not they can take the house? >> you know, you're always nervous before a big election. the economy's ral bad, and as we reported today, the amount of post-sit zepz accidents money is allowing them to expand the field where they felt they could get this year. in a wave election, things tend to break. it's not that the polls can't be close, but when people go down to the ballots, when you get that enthusiasm gap on the day of the election when you have a close race it breaks towards the

side of the wave, towards the republicans. i think the republicans will have the house. >> nancy pelosi gave a pep talk to democrats and you said you. >> were there. she said, our challenge is to tattoo the practices of big insurance, big oil, big banks and the rest on to republican opponents. is that going to work as a strategy? >> they hope, it possibly could. look, the thing that the republicans have that's not, i think in the engoing to work for them, they've been the party of no, and the party of no ideas. even in the pledge for america, it's vague. american people are angry, they're angry for a reason. >> even vague, some people don't want to run on it. you wonder why they did it in the first place. >> the american people are ainge zbri and looking for answers. right now the democrats are catching hell because they have the responsibility of governing and the republican party, they keep saying no but they're not saying no and then what? >> we have to take a step back

here pop here. i disagree with is ezra. it's not a sea change election. the contract on america, even in 2006 where look it took six months of hard work to make culture of corruption thematic for the election. republicans haven't done that. >> it's a great pep talk for democrats. but realistically, going back to what ezra has to say, dan rather, it's the economy, stupid. we're back at that point. >> it sound vez good and i respect it. most people vote their pocketbooks and most people's pocketbooks are not in good shape. the biggest thing the democrats have going against them. >> i think it's beyond that. and this is just my feel, i think it's beyond that. it's beyond the pocketbook not being in good shape. the fear out there is pervasive. >> a level of insecurity that

people have in general. if you believe the "newsweek" poll and other polls that show majority of americans blame the bush policies, not obama, for the economic trouble that we're in, that is a compelling message for candidates on the trail saying give me another look. >> i was in the ezra camp in that, republicans are going to definitively take the house. but after the rally this past weekend, after hearing sort of the pushback from the white house, president obama, vice president biden, pushing on the base to come out and vote i don't know if i buy into the narrative that the republicans are going to take the house. >> i don't know whether i buy into it or not. you make a good point. i think president obama is taking strides towards getting the base to go with him the elections now, most cases, decided by independents and swing voters. and the key thing is whether they feel so alienated from president obama so fearful for the pocketbooks. look, the rate is not always to the swift nor the battle to the strong ybut that is the way to

bet it. this time a lot of things can happen. >> you're dying to jump in here. >> speaking from the ezra camp, the other thing i don't people should watch, you can have a very even sort of generic poll, democrat versus republican and people say maybe i prefer the democrat, midterm elections, r particularly this one, young voters drop off, elderly voters going way up. even if the nation is evenly split we could see a lopsided outcome through the demographics how midterm elections work and how this med term election where democrats are depressed and conservatives are very, very engaged is going to work. >> camp ezra, ezra client, jonathan, karen, dan. >> we have shirts. i'll get mine this afternoon. >> feel free to send. thank you so much. we have more to talk politics later on. dan hosts the "dan rather reports reports."

tuesday night, looking at the major decision to send thousands of marines to guam and why the islanders aren't necessarily welcoming the troops with open arms. that's "dan rather reports". the government has pours billions into the fight against terrorism but on the heals of the new travel warning are we safer than we were? a look at the money trail. plus, mexican pirates take aim at an american couple who were out for a day on the lake taking pictures. only one of them came home. and it's mcdonald's versus the city of san francisco. i love this story. at the center of the controversy, how could it be the happy meal? receiving the bronze star, that was definitely one of my proudest moments. i graduated from west point, then i did a tour of duty in iraq. when i was transitioning from active duty, i went to a military officer hiring conference. it was kind of like speed dating. there were 12 companies that i was pre-matched with, but walmart turned out to be the best for me. sam walton was in the military, and he understood the importance of developing your people.

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the pakistan taliban is

claiming response for a deadly predawn attack on a convoy of tanker trucks headed for u.s. and other nato forces. about 20 trucks went up in flames, four people were killed, seven injured. this is the fourth attack since last thursday. now, nine years after september 11th, the fight against terrorism is a massive endeavor. big money, massive manpower going into the operation. are we any safer? richard lui has done some digging on this. we're talking about this because of terror alert out there. how much are we spend on this? >> a lot of data out there, when we look at what has been spend since 9/11. tough to know for sure. but a two-year study from "the washington post" 15 thats in response to 9/11, the investment has been huge. first of all, looking at top secret world, close to 1 million people have top-secret clearance, that's about 1.5 times the amount of people in washington, d.c. and all of these people, well they work for about 2,000 private companies, and 10,000

locations across the united states earither built or added. also where they're at. look across the country on this map coming from "the washington post." it breaks down two-thirds of companies actually constitute that 10,000. you can get a sense. look at the map with the blue and red circles, blue being work locates of companies, basically subcontractors and the red work locations. a very large number. now you are interested in the number, the cost, chris. $75 billion is one estimate according to "the washington post." and "newsweek" saying that that is more than the rest of the world put together that has been spent on intelligence. now, part of what we get for that money, well, 50,000 reports a year. so a lot has been going into this. chris? >> all right. i'm going through, richard, some of this stuff, and i'm going to interrupt you for a second because we have just spoken, one of our producers, has spoken to a senior counterterrorism

official. the headline out of a full page of notes that bob took is that he is again cautioning this is not a run of the mill concern, this warning about traveling in europe. he says, look, we get terror and threat information all the time, but this is an accumulation of information that they have been putting together, what they call, all source intelligence, interrogations, informants, electronic eavesdropping, all of that. there a u.s. link to this? how concerned should the u.s. be? let's go to msnbc terrorism analyst roger cressy, who joins me live. i know that we're just getting you hooked up. let me just go into, again, the counterterrorism official that was spoken to by nbc news, roger, about the threat that warns about americans traveling in europe. not a rin of trun of the mill concern, interrogation, informants, electronics,

eavesdropping. what have you been able to find out about the level of concern that's out there, roger? >> well, that's consistent with the message that i've received, too. it's not one particular stream of threat reporting. we've paid a lot of attention to siddiqy, information about a mumbai-inspired plot, that may or may not be accurate. the intelligence doesn't know that. what they've based the as advisory on is on just siddiqy, a group of other pieces of threat data. it's important to realize there is an ongoing steady stream threat about europe that comes from al qaeda cent trlg. we see spike, and these spikes are a direct result of, as you said, human intelligence, electronic intercepts. the way the u.s. government looks at it, they're putting a puzzle together and they've got a lot of pieces of the puzzle but missing critical components. until the rest of the pieces come together, they're not going further than at alert.

>> how big of the puzzle is bin laden? somebody we haven't talked about in a while, somebody gone under the consciousness of americans but for the first time, as you start to read into these stories about the growing concern, we're reading about obl again. >> well, the u.s. government doesn't believe he's operationally directing the plot. it's more of strategic guidance what the u.s. military call commander's intent. because of the success of the drone program inside pakistan, he's not in a position to manipulate day-to-day activities like he used to, but he's still very important. he can say to the operatives, i want us to strike inside europe against western targets. they're going to implement that because it comes from bin laden. while he's important symbolically, he's not important tactically or operationally. >> thanks for jumping in on breaking news. scary and horrific story from along the texas/mexico boarder. a couple out for a day of jet skiing on a lake met with a hail

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everything pops with pringles cracker stix. authorities on the u.s./mexico border say pirates are patrolling the mexican side of falcon lake a popular recreational spot for american tourists. last week, tiffany and david hartley were jet skiing when gunfire erupted. tiffany escaped but david was shot in the head. i think this has thrown a lot of people, a lot of folks travel, obviously, around that border, it's very scared. his body has not been recovered yet? >> reporter: that's right, because, chris, they have not been able to go look for it because that is on the mexican side of this water way. and american shorts don't have jurisdiction over there. falcon lake, usually peaceful,

quiet, the best bass fishing notice country and yet in the past few months attacks have stepped up and thence dent that you mentioned last week is the first time we presumably have an american dead. he was out there jet skiing with his wife. here is tiffany heartily's frantic call to 911. >> are you sure that your husband got shot? >> yes. in his head. >> okay. was he thrown out of the jet ski that he's in the water or something in. >> he was thrown off the jet ski and i couldn't pick him up to get him on mine. >> reporter: tiffany hartley was able to escape. authorities haven't been able to recover her husband's body. authorities here say they expected this. this is an escalation of the drug war spilling over now into recreational areas leak this. in is a shared water way and incidents are happening on the mexican side but threatening americans and the livelihood of communities like this that depend on tourism dollars.

>> you mentioned that we don't have jurisdiction. anything u.s. officials are doing besides telling folks, this is a dangerous place? >> reporter: they have renews warnings for americans not to cross over. and there are big buoys out to show which is the american side. but really, there's nothing else they can do. they say they've been communicated with mexican authorities but it doesn't sound like that's getting them very far along. it's just a warning not to go over on that side. and it's hard not to do on such a beautiful lake where people want to come and enjoy the water. >> janet, thank you so much. there are currently 41 black congress members in the house, all are democrats. but republicans are hoping to change all of that in november. the city of san francisco taking mcdone al's. forcing the chain to serve healthier happy meals. sex in america, the most revealing survey of american's sexual behavior in 15 years.

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a look at some of the story woorz following. . state department asking americans to be vigilant during visits to europe. the rutgers campus community paid respects to tyler clementi with a silent candlelight vijal. 4 for state allowed 14 allowing americans to carry loaded guns into bars and restaurants. the decisions are a victory for pro-gun groups who have seen handgun bans in washington, and chicago overturned by the supreme court. rahm emanuel is online with a new video promoting his campaign to replace mayor daly in chicago. "saturday lignight live" had so fun at his expense. >> i want to go home. >> shhh. you have no home now.

home is for people. but you, you're a monster. >> and long-term heat exposure from a laptop computer resting on yor lur legs can lead to toad skin syndrome, causing discoloration and skin cancer. we're laughing about it but could be serious. a little pillow in between the laptop and legs. november, republican party can put the first african-american representative in congress since 2003. 14 black gop candidates running for the house. the three have that the best shot everybody tim scott, south carolina, ryan frazier, colorado, 41 black represents in the house but all are democrats. greatest number of black republicans searching in the house were two.

j.c. watts and connecticut's gary franks. jonathan cape heart, karen finney, ezra klein, why? everybody understands the big picture why, you know, blacks went to the democratic party. but really, in 2010, zero and only three with a shot at? tell me. >> here's the reason why. it's because the republican party generally speaking has not been exactly favorable or friendly to the african-american community. that's what the african-american community thinks. >> that's a perception. >> that's the perception. when you stack the two sides up, african-americans go into the voting booth and say, you know what? it's the democrats who have may interest at heart. when you have a candidate like rand paul running for senate in kentucky saying i think we should be reconsidering perhaps the civil rights law, that sends a message to african-americans they're not for me. >> remember that under ken mehlman at the rnc, they were

trying to make inroads with african-americans and katrina killed that, unfortunately. this is a good thing for the black community because there is a growing feeling in the black community their votes, our votes, are taken for granted by democrats because the assumption is, where else are they going to go? competition for our vote is a good thing. the other thing if you talk to members of the congressional black caucus, tell they'll you there are more african-americans in line waiting for their chance to run on the democratic side that sometimes you get a better chance on the republican side. >> so, ezra, we look at the numbers, president obama captured 96% of the african-american vote in 2008, but there is no group with which he is not less popular now than he was then. does that bode well in some cases for republican candidates? >> there are few group as among which he's retained as much popularity as he has among african-americans. it's good to bring obama into the conversation because we're in part seeing a reaction to him here.

after obama elected michael steele became the first african-american chair of the republican national committee. and then you're seeing among the tea party, particularly who got stung by early accusations of not racism, per se but a lack of diversity, a large number of african candidates being supported. it's a good thing. it's not great for one party to have a lock on a race in americamerica i think the gop could use it. >> do you think there be three? all of the three that have the best chance, could we meet the record of two or could there possibly be three? how you reading the tea leaves? >> it's a big election. it could be three, five, two, one. i wouldn't -- i'd leave it to folks like chauck todd. >> how do you read that answer? >> i'm sure they have a good chance but i don't think they're going to win because they're

black. they have to win because they're qualified the major thing i think it's very important, i hope some of them do win in that if the republican party wants to cease becoming a regional party that's monochromatic it has to be big tent, reach out to people of color, not just african-american but latinos and make it clear to them they are well come. ken mehlman tried it and he got smacked back. >> you can't win a national election without some portion of the black or hispanic vote. >> thank you very much. >> and joining "jansing and company" tomorrow, j.c. watts. they say they have an emergency, they call 911 but the person answering the call at the county 911 center will tell you otherwise. in case you don't know, over flowing toilet, slow kitchen at a fast-food restaurant, these are not reasons to call 911. but here's nbc's michelle

kosinski with the other side of the story. >> reporter: hello? in life you never know when an emergency will strike. >> 911. >> i ordered chicken nuggets and they don't have chicken nuggets. >> reporter: everyone's definition of emergency is different. >> i need a ride to the liquor store. >> umm. >> reporter: cops did give him a ride, to jail. the same with this guy. >> can i get a police escort to lil wayne? >> to lil wayne? >> yeah, do you have a helicopter? >> we can give you a police escort to go see a rapper in miami. >> are you certain? >> i'm positive, sir. >> 911 is if you're dying, do you understand that? >> reporter: apparently not at least not around florida. >> advising, he was crushed bay

buffalo head. >> i don't know address. >> reporter: he didn't know he shouldn't call to report the marijuana stash. >> my toilet's overflowing. >> i need to make meatballs. >> reporter: april has fielded calls you can't imagine for 14 years. >> i was like, um -- >> reporter: seven years of which are some degree of this -- >> she's screaming in my ear i wanted sausage and he gave me -- >> she's trying to force me to eat something off the menu i don't want. >> reporter: this i what happens. >> mute button. i cannot believe this foolishness. >> reporter: what are definite no-nos, if it involve yours toilet? >> toilet, your turkey. >> reporter: what about, say a really, really hot chicken mcnugget? >> wait until it cools off xwf you eat it. >> reporter: my gosh, you solved so many emergencies today. >> i ordered two sandwiches, and i asked for everything on one

sandwich. >> reporter: while you're yelling about your toe stuck in a jar or a menacing rabbit -- >> there aren't weapons. >> reporter: -- someone else is having an emergency emergency. >> i know you zone seriously think that the police need to make burger king give you food faster. >> i want you on the line. >> what is your emergency? >> reporter: you didn't get the right sandwich, it's not an emergency. >> reporter: it's not? >> even if your lunch break is only 30 minutes, it's not an emergency. >> reporter: thanks for telling us. will people ever learn? >> i believe they will. i have hope, yes. >> all right. now to the story every one in the company wanted to talk about but we have time for one. it's san francisco that wants to make mcdonald's put out healthier happy meal, otherwise you don't get a toy. lead have considering this law it will protect the health of their constituents. chief medical editor dr. nancy snyderman. either put fruit and vegetables in a happy meal and make sure

the calorie count is down or you can't put a toy in the happy meal. is this going to help the problem that you have i have talked about a lot, which is that american kids are getting fatter? >> i don't know. if you put in carrot sticks with french fries, fries will be eaten first. if you swap out as the san francisco bore has talked about, perhaps. it's going to pit the people who want to make a dent versus the people who say, leave business alone. and it's you and i have talked about many times, with san francisco, many times rules east. they're serious. if you start to make a dense or if mcdonald's says we'll be the good corporate citizen and we will do this, perhaps it will make a difference. but i would not expect mcdonald's to start withholding toys in one of great brilliant parts of marking fast food soon. >> do you we know anything about the fact if kids are exposes more to things like let's say packs of carrots or packs of apple slices, which you can get

at mcdonald's now, that they actually might come to like them or appreciate them, eat them a little more? >> there's no doubt about it. i've heard mothers say i tell my children they can go get whatever it is but they must get apple slices along with it. parents have to use it as a carrot -- >> no pun intended. >> whether government should tell business how to do it there's a huge pushback. frankly in some point i understand. >> as a mom. >> as a mom, frankly, this was always a treat. did i deny my kids everything? no. it's about modderration. we want to starve everybody and say eat your apple and not your twinkie or talk about bulimia and the fact we can't push ourselves away from the table. what the real conversation in this country is start to embrace food as something where you bring people around the table and the race is to the moderate not the extreme. the san francisco board, having lived there, know them well,

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a florida girl tells her dad she's being bullied on the bus, and he takes matters in his own hands. you've probably seen this video, james jones stepping into his daughter's bus ahead of his daughter. the 12-year-old sixth grader has sar bral palsy. he berated the students. this morning the dad and his daughter both spoke with contessa brewer. >> right when we got at the bus stop. >> what did you say to him? >> dad, i kind of want you to get on the bus before i get on the bus because people have been torturing me. >> my intention was to go on the bus, talk to the bus driver, but at the time, you got kids out of the seats and stuff and my instincts took over. 6. >> more of that interview coming up at noon eastern. let's bring in star jones.

again, we're in a case where the law says one thing, but i would not want to go before a jury because the idea of kids, see said torturing her. >> right. she's used a very strong word. if it was my father he'd want to do the same thing. the president should have said we should have used those as a teachable moment. >> what have we learned? >> we don't want to encourage kids to bully other kids and to become the big master bully. that kind of reaction will len itself to a kid given -- bet lett me give them 19 more years on their 10-year-old self. >> don't answer bully with bullying. >> it's not a good idea. his behavior was over the top. understandable, but over the top. i expect that he will get disorderly conduct and more than likely be sentenced to community service, where he goes and teaches kids about bullying. >> all right. it's been a pleasure to have

you, star. >> i've enjoyed it. good luck. >> thank you so much. sex and the city and the suburbs and countryside. who's having it? who's doing it the most? the most complete sex survey in 15 years.it's w gr ime d the muck, month. tow and pull without getting stuck month. sweat every day to make an honest buck...month. and if you're gonna try and do this in anything other than a chevy... well, good luck...month. great deals on the complete family of chevy trucks all backed for a hundred thousand miles. it's truck month. now, during truck month, get 0% apr financing on all trucks and full-size suvs like this 2011 silverado. see your local chevrolet dealer. no, that's the name of the new oreo cookie. what's the name of the new oreo cookie? [ eli ] heads or tails. tails. tails. heads. heads. tails. heads. heads? oh, no. heads. what? [ shaq ] heads. [ venus ] tails. [ apolo ] tails.

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a new survey on sex and i'd say it's an eye-opener. it's the largest survey of american sexual behavior since 1994. check out some of the vind fings. first of all, variety is the spice of life. americans engage in 41 different combinations of sex. i don't even know what that means. do you know what that means? >> it's got to be the come sutra. >> i never thought that would be in my first show. >> when it comes to using condoms, teens use them a lot more than men or older adults. >> good to hear that. >> straight out of an episode of "seinfeld," a perception gap between men and women when it comes to the big finale.

richard lui and star jones. >> there is something serious is and ha is baby boomers aren't using condoms. dr. nancy was saying earlier, a lot of people think, well, i don't have to worry about pregnancy anymore. and we forget that tleers things out there. >> a big drop-off, eight and ten use a condom if you're 14 and 17. baby boomers, 35 to 44, only 44 use a con dumb. 45 to 60 years old, only one in nine. they also note in the study. they say most of those folks are married by that time. a big drop-off right here. >> and the fact that someone over 70 is still having sex. i say you go, boy. >> 61 and over, one in 20 use a condom. >> way to go. >> it doesn't say how often they have sex. >> i think a lot of it has to do

with the fact that young people have been brought up with the message condemns are necessary. if you're going to have sex, you need protection. baby boomers weren't brought up with that. a lot more free love, get your groove on. kids have listened to the message. >> it's who they're marketing to as well. when we look at the advisors, they say blacks and hispanics have the highest use of condom ps over whites. that's because of the targeted programs in areas where they say, according to the study, they have a high rate of hiv/aids. >> i can't wait to see what you have to say about this. 85% of men say their partners have org gas s. 64% of women say they actually do. we also saw "when harry met sally," do you remember the scene? >> yes, we all do. >> it's the faking. i'll have what she's having. >> i would venture that 85% of men think women only bought one

pair of shoes at the sale. >> isn't that true? >> same perception. >> in the survey. they said answer orgasm yes or orgasm no. unsure was one of the categories. >> do we know what the percentage of people say is unshurd. >> do me a favor. don't give that person my phone number. >> if you look through this report, about 130 pages. >> interesting and serious thing with serious public policy implications here. we didn't get to any of those, fortunately or unfortunately. >> star jones, ch thank you so . richard lui, thank you. that will wrap up their inaugural edition of "jansing and company." tomorrow we'll have med al of honor recipient, congressman j.c. watts. contessa brewer is here to pick things up.

>> congratulations. two hours full of information and -- >> do you want to weigh in on the sex survey? >> do i want to weigh in? you have no idea. i'm already out on a limb. i'm going to refrain. thank you. the broader implications of the travel alert. americans cautioned about going overseas. what prompted the concern. is osama bin laden behind the scares. the angry dad who went after bullies on the school bus. i spoke to both of them. you'll want to hear their side of the story. be right back. ♪

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good monday everybody. i'm contessa brewer. right now the big story is the travel alert from asia. japan is now cautioning its travelers of a possible al qaeda attack in europe. here it is. to avoid getting trapped in unforeseen terrorist events they're advised to obtain the most updated information on the security of the region i