• B&C, Monday, December 27, 2010 11:37 PM

The FCC, backed by the Justice Department, says that broadcasters give up full First Amendment status when they get a government license, and so should be subject to government regulation of swearing and nudity when kids could be watching.

That was the gist of the FCC's supplemental brief to the Third Circuit Court of Appeals, which is reviewing its earlier decision that the FCC's $550,000 fine of CBS for Janet Jackson's partially exposed breast on the 2004 Super Bowl halftime show broadcast was arbitrary and capricious.

The Third Circuit had sought input on whether, if CBS was found to have knowledge of the "reveal," the FCC should be applying the criminal or civil recklessness standard.

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