FCC, DOJ Appeal Janet Jackson To Supreme Court

The Third Circuit Court of Appeals in July threw out the Federal Communications Commission's $550,000 fine against CBS stations for the broadcast of Janet Jackson's bare nipple as arbitrary and capricious. Calling that decision flawed, the FCC, backed by the Department of Justice, has asked the Supreme Court to overturn the decision. The FCC and Justice argue that the lower court did not give due deference to the FCC's "legitimate and rational basis for what it was doing and the court was improperly intruding into the FCC's turf."