ABC and the ABC Affiliates Association on Monday formally appealed the
FCC's proposed $1.4 million fine
for a 2003 episode of
in which Charlotte Ross bared her backside as well as a bit of breast. At issue is the fact that said shower scene was broadcast by 52 ABC affiliates in the Central and Mountain zones
"When the brief scene in question was telecast almost five years ago, this critically acclaimed drama had been on the air for a decade and the realistic nature of its storylines was well known to the viewing public," ABC argues in a statement. "The FCC's action was inconsistent with the commission's own indecency standards, procedural requirements and prior decisions; with the indecency statute; and with the First Amendment."
A chairman for the ABC Affiliates Association adds, "[We] believe that the process and procedures employed by the [FCC] in the handling of this matter were deeply flawed and violate well-settled legal standards."
The scene in question can be
enjoyed again and again
Warning: Partial nudity
FCC: NYPD Was Too Blue; ABC to Fight $1.4 Mil Fine
" Is the FCC justified? 85 percent NO
" Are buttocks, per the FCC, a "sexual organ"? 87 percent NO