Justice Dept. Asks To Postpone 'Wardrobe Malfunction' Appeal

Waiting For The "Fleeting Expletive" Arguments

The DEPARTMENT OF JUSTICE has requested an extension of time to decide whether to ask the SUPREME COURT to hear an appeal of the FCC's indecency fine against CBS affiliates for the JANET JACKSON/JUSTIN TIMBERLAKE SUPER BOWL halftime incident, according to BROADCASTING AND CABLE magazine. 

The report says that MEDIA ACCESS PROJECT was served notice of the government's request to extend the deadline to ask for certiorari to consider the appeal of the Third Circuit ruling throwing out the fine from OCTOBER 19th to NOVEMBER 18th. Doing so will enable the DOJ to monitor The SUPREME COURT when arguments are heard in another FCC indecency case -- the "fleeting expletives" appeal -- on NOVEMBER 4th. 

Speculation has it that the DOJ wants to get a read on the Justices' thinking on the indecency issue; should their questioning of the litigants during the oral arguments show sympathy for the networks defending the fleeting expletives, they'll probably not appeal the a lower court's dismissal of the FCC fine over the SUPER BOWL.

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