The United States Court Of Appeals For The Third Circuit in Philadelphia initially ruled similarly in 2008, but the Supreme Court sent the case back to the appeals court the following year, reports the New York Times, after it ruled in a separate case that the FCC had the right to hold broadcasters accountable even for unscripted and isolated foul language.
However, according to The Wrap, the appeals court ruled that the FCC failed to properly inform CBS about changes in indecency enforcement, and had “arbitrarily” departed from its prior policy when it stuck the network and Janet Jackson with a $550,000 fine.
“We are gratified that once again the court has ruled in our favor. We are hopeful that this will help lead the FCC to return to the policy of restrained indecency enforcement it followed for decades,” CBS said in a statement.
Let’s hope Miss Jackson is popping a bottle somewhere — with clothes fully on, of course.