FCC Fighting Back On Janet Jackson's Boob Malfunction Fine

The FCC is fighting back to defend draconian ruling about the “accidental” revealing of Janet Jackson’s right breast on the broadcast of the Super Bowl in 2004, according to Variety.

The agency has asked the Supreme Court to review the lower court’s ruling that the agency improperly fined CBS for the Jackson transgression.

U.S. solicitor general Gregory G. Garre, on behalf of the FCC, requested high court review on Friday, arguing that the lower court “erred” in July in its decision saying the FCC had “arbitrarily and capriciously” imposed a fine for “fleeting nudity.”

This is the second broadcast indecency case the FCC has appealed to the Supremes, which granted — and recently heard — the agency’s request for review of another lower court’s decision against the FCC “fleeting expletives” policy.

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