Back in November, we were surprised to learn that the famous "wardrobe malfunction" incident from the Super Bowl XXXVIII halftime show in 2004 was still an ongoing concern. At the time, the U.S. Circuit Court of Appeals in Philadelphia ruled by a 2-1 vote that the FCC indecency policy for fleeting nude images—even ones of superstar private parts—was "arbitrary and capricious," therefore excusing CBS from having to pay $550,000 in fines levied by 20 affiliates.
Case closed, right? Not so fast, says the FCC, which filed an appeal with the Supreme Court Tuesday requesting a review of the decision. At play is another, more recent indecency case against FOX related to profanity on an awards show that the Supreme Court is already set to rule on in a few months. The FCC wants the court to hold the Jackson case before ruling on this other case. The argument, in essence, is that the appeals court is telling the FCC about its business, and doesn't know what it's talking about, having "contravened settled principles governing the deference due to an administrative agency's reasonable understanding of its own decisions." [via Rolling Stone]