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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.” SC120109_Waxman

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.