It isn't even on DVD yet but it seems some legal hands are trying to get into the Borat editing room.

In a story from Variety, a judge in Los Angeles said that he "would consider a request by two University of South Carolina fraternity brothers that a scene featuring them be cut from the Borat DVD."

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The scene in question features the fraternity brothers, who were inebriated, making "sexist and racist remarks." The two had originally sought to have their scene removed from the theatrical film "but that request was denied."

According to the lawsuit, "filed Nov. 11 against 20th Century Fox and the Borat producers," it maintains that "the men were drunk when they agreed to participate in the film."

The fraternity brothers fear that if the DVD is released with their scene intact, it could impact "their chances of finding future work." Apparently, the film has already hurt them with one losing a "prominent position in his fraternity," and the other losing an internship.

L.A. Superior Court Judge Joseph Biderman has not given a date for "when he will issue a ruling."