ABC appeals FCC ruling

February 22, 2008 ABC appealed a $1.2 million government fine for airing a woman's bare butt during a 2003 episode of "NYPD Blue" on Thursday, arguing that the FCC action violates the nation's indecency laws and free-speech rights. While the broadcaster paid the fine, it told the 2nd Circuit Court of Appeals in New York that the commission's decision is "arbitrary, capricious, and contrary to law; contrary to the Communications Act, the Administrative Procedure Act, and the commission's own rules, standards and precedents; and unconstitutional." Last year, a federal appeals court in New York threw out the FCC's rule that said a fleeting reference gets broadcasters a fine for indecency.

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