FCC Tells High Court That Super Bowl Fine Wasn't Arbitrary

Law360, New York (May 23, 2012, 6:16 PM EDT) -- The Federal Communications Commission told the U.S. Supreme Court on Monday that it was not practicing "revisionist history" in its ongoing case to reinstate a fine against CBS Corp. for Janet Jackson's infamous 2004 Super Bowl wardrobe malfunction.

The FCC once again argued that it never had a policy to allow brief, "fleeting" images of nudity, so fining CBS $550,000 over the controversial halftime incident had not been an arbitrary rule change, as the Third Circuit said last year.

The filing comes in response to CBS's...
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