by John Eggerton, Broadcasting & Cable
The Third Circuit Court of Appeals is clearly still pondering broadcasters' challenge to the FCC's fine of CBS stations over the Janet Jackson/Justin Timberlake Super Bowl half-time reveal, and may have hit on an argument that it could pin the decision to without reaching the constitutionality of the FCC's overall fleeting profanity and nudity policy.
In what First Amendment attorneys described as an unusual request to make after oral arguments (which were Feb. 23), the court has asked for new briefs from both sides, with a May 18 deadline.
The three-judge panel of the court, the same three who heard the original case, want to hear more about what level of intent and knowledge of the unscripted indecent material CBS would have to have to trigger the fine...
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http://www.broadcastingcable.com/article/451517-Court_Of_Appeals_Asks_For_New_Briefs_In_Janet_Jackson_Case.phpWow, I can't believe it's been over 6 years since this happened and the courts STILL care about a body part that half the population has anyway and is very beneficial to human life, and yet George "War Criminal" Bush and his buddies are livin' it up and not being held accountable for their much more harmful actions! Besides, I wonder if the children who were scarred by seeing a woman's "forbidden body part" have gotten over it by now (at least for several years I guess).
(on edit) If the federal courts proceed with this rather trivial case yet Khalid Sheikh Mohammed gets tried in military court, the American justice system really will be a joke.