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. The high court has not yet decided that case.
“We hope the Supreme Court will recognize there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts,” CBS said in a statement. “Doing so would help to restore the policy of restrained indecency enforcement the FCC followed for decades.”