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The television industry has always wrapped itself in the First Amendment to protect its right to entertain and report the news. But networks are also increasingly usingthe Constitution to argue that it can hire whomever they want.

When ABCs The Bachelor wrapped its twenty-first season this week, it also wrapped a long, much-criticized practice of not letting an African-American star in thefranchise: An African-American woman, Rachel Lindsay, will be front and center when the spin-off The Bachelorette airs in May. But that casting comes after a legal fight that is just one clash between the First Amendment and laws aimed at preventing race, age and genderdiscrimination in the workplace.

The latest lawsuit brought into question whether local newscasts have a right to hire attractive, young, female weather reporters instead of olderweathermen. No, seriously.

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Wherever you live, you may have noticed that your local weather reporter has become younger and better-looking, as ratings-hungry news shows have gone from onecliche the wacky weatherman to another:the youthful, pretty weather woman. (Its Always Sunny in Philadelphia has made fun of this phenomenonwith thecharacter of model-beautiful weather woman Jacki Denardo.)

Theres nothing funny about the trend to middle-aged Los Angeles weather forecaster Kyle Hunter, who last year accused Los Angeles CBS stations KCAL and KCBS of passing him over for weatherforecasters Evelyn Taft and Jackie Johnson young women his lawsuit described as cut from the same blond, attractive, buxom mold.

Hunter said he wanted to follow in the mold of now-retired KCBS weatherman Johnny Mountain, but was told by KCALs station manager that KCAL catered to maleviewers and Hunter wouldnt be the type [that] men would want to look at.

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CBS retorted that it had a First Amendment right to hire whomever it wanted, because the Constitution protects its right to choose the content of the news and how thenews is delivered.Besides, the network said, it was allowed to hire weather anchors who were local celebrities to boost ratings.

But Hunters case wont decide the question of whether networks have a Constitutional right to hire weather reporters in the blond, attractive, buxom mold because theCalifornia Court of Appeal dismissed Hunters discrimination case last year based on a separate argument from CBS.

Last year, the court agreed with the networks contentionthat itemployed other middle-aged male weather anchors, not just young women leaving open the question of whether CBS would have had a legal right to hire only young, attractive women.

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Outside of the news and entertainment industry, employers arerarely successful when they argue that they need to hire attractive young women to please their male customers.

Southwest Airlines, Pan American and other airlines were laughed out of court when they tried to make the argument in the1970s and 80s. Southwest argued that it needed to hire only women as flight attendants and ticket agents and dress themin in high boots and hot pants to attract the airlines predominately male Texan passengers. A Texas federal judge shot thatargument down, saying that the primary functions of ticket agents and flight attendants are to book flights, sell tickets,maintain cabin safety, and serve food and drinks and that all of those tasks could be done by men.

Congress gave employers permission to discriminate based on sex but not on race but only when gender is essential to the primary function of the job. Playboy was allowed to hire only female Bunnies, for example, because their dominant function is to sexually entice heterosexual male customers. Hooters has been hit with class-action lawsuits for hiring only Hooters Girls as servers, and settled by agreeing to hire men asbartenders and hosts, but has stuck to its all-women server policy.As the Hooters website says of its idealized Hooters Girl:a waitress she is not.

ABC is no Hooters. But its Bachelor case also forced it to defend its decisions about who to hire. And itwon a resounding courtroom victory when it used the First Amendment to defend itself against a race discrimination lawsuit claiming it intentionally hired only white Bachelors and Bachelorettes.(Age and looks werent an issue in this case, given that everyone involved in the dating franchise is young and almost universally regarded asattractive.)

Nathaniel Claybrooks and Christopher Johnson, two African Americans, sued ABC after being rejected as applicants to be the Bachelor in 2011.They said in theirNashville, Tennessee lawsuit that the complete lack of people of color in the two shows is no accident.

ABC responded by saying that the network shares the mens goals of reducing racial bias and prejudice and fostering diversity, and that it never discriminated based onrace in connection with the casting process for the Bachelor and Bachelorette shows.

But ABC said that the First Amendment gives the network carte blanche to make casting decisions based on race,listing numerous shows where race-based castingdecisions were made and should be allowed to continue under the First Amendment. It cited programs including The Cosby Show and the Shahs of Beverly Hills.

A federal judge in Tennessee agreed with ABC, dismissing the lawsuit in 2012. The judge praised the lawsuit for its laudable goals, but ruled that the First Amendmentprevented Claybrooks and Johnson from forcing ABC to deviate from its all-white casting.

Eventually, diversity won the day as Lindsays casting as the next Bachelorette shows. But the ruling was based on ABCs decision that she would be the bestBachelorette, not a judges order.

ABC has made a bigger commitment to diversity in recent years, as the country evolves and networks increasingly recognize the value of courting non-white viewers.Two of televisions biggest recent hits are ABCs Black-ish and Foxs Empire, both of which have majority African-American casts.

The bottom line? The legal forecast isnt clear when it comes to who networks can hire. But the demographic patterns and business decisions point toward a greatercommitment to on-air diversity.

Never in the history of television has your local weather person been so unlikely to be a weatherman especially an older white man.

As the end of "The Bachelor" Season 21 nears, let's take a look back at the long-running ABC reality show'sinfamous troublemakers. Here is our ranking of both "Bachelor" and "Bachelorette" villains, from bad to worst:

Nick Viall, "The Bachelorette," Season 10, Season 11; "The Bachelor," Season 21

This season's current bachelor didhis time as a bad boy in two past seasons of "The Bachelorette." He isolated himself from all other contestantsand also madea surprise, unwelcomed appearanceon a season in which he wasn't even cast.

Tierra LiCausi, "The Bachelor," Season 17

From several meltdowns to a hospital trip, LiCausi (left) fit the bill of nemesisperfectly, complete with her own evil laughter.

Olivia Caridi, "The Bachelor," Season 20

Olivias mouth, toes and aggression left viewers both cringing and laughing. Her transition from fan favorite to villain was rapid, and her legacy on the internet will remain for years to come. (And if you don't know what we're talking about, look up the nowinfamous meme.)

Chad Johnson, "The Bachelorette," Season 12

Chads obsession with working out and threatening fellow contestants made him a foe to remember. While many disliked him for his brash nature, his insults were wittier than most villains before him.

Corrine Olympios, "The Bachelor," Season 21

In the short span of the last two months, Corinne has established her legacy as one of the most entertaining villains in "Bachelor" history. From her dependence on her nanny Raquel, to napping through several events, fans were both relieved and sad to see her ousted toward the end of the 2017 season.

Kelsey Poe, "The Bachelor," Season 19

Sheused her story of being a widow to garner sympathy and screen time, and openly admitted to manipulating her season'sBachelor with her husbands death. She is also remembered for having a panic attack before a rose ceremony, and then immediately joking about how host Chris Harrison couldnt eliminate her.

Bentley Williams, "The Bachelorette," Season 7

This contestant was dubbed one of Chris Harrisons least favorite suitors of all time. Williams purposely set out to make his Bachelorette cry and faked many of his interactions with her.

Courtney Robertson, "The Bachelor," Season 16

With her own book I Didnt Come Here To Make Friends, Robertson clearly prides herself on achieving supervillain status. Mocking other contestants, lying to the Bachelor and sabotaging dates, Robertson cemented herself as one of the most hated of the entire series.

Juan Pablo Galavis, "The Bachelorette," Season 9; "The Bachelor," Season 18

Between making crude comments to his contestants, to being openly homophobic, Galavis tops this list of ultimate villains from the reality series.

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Here are the baddies who have kept viewers hooked over the years

As the end of "The Bachelor" Season 21 nears, let's take a look back at the long-running ABC reality show'sinfamous troublemakers. Here is our ranking of both "Bachelor" and "Bachelorette" villains, from bad to worst:

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Is There a First Amendment Right to Hire 'Buxom' Weather ...