The Court of Appeals ruled: "The Federal Communications Commission acted arbitrarily and capriciously in issuing the fine for the fleeting image of nudity. Like any agency, the FCC may change its policies without judicial second guessing but it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."About damned time. Congressmen are always whining about a runaway imperial presidency, but when they get a chance to run their own agency (the FCC reports to Congress, not to the President), it flouts the First Amendment and creates policy so arbitrary and capricious that it would embarrass Stalin.
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