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Administrative/Regulatory

May 1, 2012

Indecency back before the High Court: FCC seeks review of CBS ‘wardrobe malfunction’ case

The networks say the FCC's current policy is too hard to figure out and penalizes the use of particular words in some instances but not in others.

John F. Stephens

Goldberg Segalla LLP

Email: jstephens@goldbergsegalla.com

On April 17, the Federal Communications Commission asked the U.S. Supreme Court to review an appeals court decision overturning the $550,000 fine that the agency imposed on CBS after Janet Jackson's notorious "wardrobe malfunction" during the 2004 Super Bowl halftime show.

For the second time this year, in FCC v. CBS Corp., the Obama Administration is going to the Court to defend the FCC's standards which are used to police the airwaves for racy images and dialogue.

So...

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