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Justices Puzzle Over Indecency

The highlight of yesterday's lively argument over the government's right to restrict offensive language and nudity on broadcast TV came as former Solicitor General Seth Waxman told the Court, "the commission has pending before it…complaints about the opening episode of the last olympics, which included a statue very much like some of the statues that are here in this courtroom, that had bare breasts and buttocks."

As he noticed Justice Scalia glancing up at the courtroom friezes Waxman said, "Well, there's a bare buttock there, and there's a bare buttock here."

The case is FCC v. Fox Television Stations.

Mike Sacks has the story here.

 

Which Way Out of Texas?

As a result of a large growth in population Texas has gained a number of Congressional and State Legislative seats.

When it came time to draw up new electoral maps the Texas Legislature, which is controlled by Republicans, not surprisingly came up with a map favoring Republican candidates.

 Also not surprisingly the Legislatures' maps were challenged in a federal court in San Antonio under Section 2 of the Voting Rights Act. 

 Meanwhile, Texas is one of those States that fall under Section 5 of the Voting Rights Act and are required to get pre-clearance from either the Department of Justice or a special three-judge court in DC.  The Texas Republicans chose to go to the three-judge court for approval, but the court has yet to act.

So, with primaries looming the San Antonio court drew up its own set of electoral maps that strengthen the Hispanic vote, and presumably help Democrats.  

Texas appealed to the Supreme Court to block the court drawn map, and the Justices today heard arguments in the case.

Mike Sacks' take on the arguments is here.