Justice Appeals Indecency Remand To Supreme Court
November 1, 2007 at 1:25 PM (PT)
The DEPARTMENT OF JUSTICE has filed its appeal of the Second Circuit Court of Appeals ruling that remanded the Commission's indecency ruling to the SUPREME COURT.
The appeal in the case over the FOX airings of the BILLBOARD MUSIC AWARDS in 2002 amd 2003 argues that the Second Circuit ruling conflicts with the PACIFICA "seven words you can't say on television" case, which JUSTICE says allowed the FCC to use "contextual judgment" in determining indecency violations. JUSTICE is asking for the review, an unusual procedural move after a remand, because the Second Circuit has, according to the appeal, essentially told the FCC that it probably can't justify its fines.