All the way to the Supreme Court, that is, if the FCC gets its way. CBS defeated a $550K FCC fine for Janet Jackson’s infamous Nipplegate Super Bowl halftime fiasco at the Third Circuit Court in Philadelphia. The FCC would like to Supremes to reverse that decision. Government prosecutors have asked SCOTUS to consider "whether the court of appeals erred in holding that the FCC acted arbitrarily and capriciously…in determining that the most widely viewed broadcast public nudity in television history fell within the federal prohibitions on broadcast indecency," according to an AFP report.
RBR/TVBR observation: It’s hard to believe that this incident, which lasted 7/16ths of a second, is still kicking around the legal system. Actually, it’s not hard to believe. The FCC’s overreaching in Nipplegate’s aftermath led to its decision to ignore its own fleeting expletive precedents, and then to the FCC/Fox set-to the Supremes just finished hearing. Let’s hope SCOTUS lets this sleeping dog lie.