Last updated: June 4, 2009 - 8:48pm
In an order released Thursday, the Third Circuit Court of Appeals asked for new briefs in the Janet Jackson/broadcast indecency case. The call for input comes a month after the Supreme Court's May 4 decision to vacate the Third Circuit's ruling that the fine was arbitrary and capricious, (the Court remanded the case back to that circuit for reconsideration in light of the Supreme Court's earlier decision in FCC vs. Fox ). The Third Circuit had thrown out the FCC fine, concluding that its defense of pursuing fleeting nudity had been arbitrary and capricious. With the Supreme Court's Fox decision for guidance, the court has been asked to rethink that. The court set deadlines of 60 days from the release of the order for appellant briefs, 40 days after those briefs are filed for responses by the other side, and replies to those responses 14 days after that.