As reported by the Associated Press, the same 3rd Circuit panel that backed CBS in 2008 again found the FCC improperly penalized CBS in CBS Corp. et al v. FCC (Case No. 06-3575) in a majority opinion written by Judge Marjorie Rendell that responded to a Petition for Review of FCC Orders Nos. 06-19 & 06-68. The U.S. Supreme Court in 2010 ordered the appellate court to review its 2008 ruling based on a 2009 case involving Fox Television in which the High Court said the utterance of a single expletive on live TV could warrant an FCC fine.
Still, the 3rd Circuit was unwilling to support the actions of the FCC--much as the bustier of the now 45-year-old Jackson was unable to support her nipple-shielded breast.
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