Last updated: October 14, 2008 - 8:18pm
Government lawyers say they need more time to decide whether to seek Supreme Court review of the indecency fine against CBS stations over the fleeting nudity in the Janet Jackson/Justin Timberlake Super Bowl half-time show. The deadline was Oct 19 for filing a cert petition with the Supreme Court -- essentially a request to hear an appeal of a lower court decision. The Solicitor General said it would need until Nov 18. In the request for the extension, which are routinely granted, Solicitor General Gregory Garre said he needed the time for "consultation with the FCC and to assess the legal and practical impact of the...ruling," then more time after that if it decides to seek cert. But that extension would also allow the government to first gauge the court's reaction to its arguments Nov. 4 in the government's appeal of the Fox profanity decision. In that case, the Second Circuit Court of Appeals found the FCC's decision to find fleeting profanities indecent was also arbitrary and capricious as well.
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