At first I was really impressed with Fox’s legalese. Then I saw what they were trying to defend. Please. Seriously?

Calling the FCC’s decision to fine it $91,000 for indecency “arbitrary and capricious, inconsistent with precedent and patently unconstitutional,” Fox Television has notified the agency that it will not pay the fine and asked it to reconsider. In its report of the Fox action, the Washington Post described it as “an unusually aggressive step.” While the network stands little chance of seeing the FCC’s decision withdrawn, its decision moves the case closer to a court review. Last month, the FCC fined 13 Fox-owned stations and affiliates $7,000 each for a 2003 episode of the now-defunct reality show Married by America that featured a bachelor party in which naked participants were shown with their breasts and buttocks blurred out by pixelation. Although the commission held that the pixelation made the scene “less explicit and graphic,” than it would have been otherwise, it nevertheless found that “the material is still sufficiently graphic and explicit to support an indecency finding.”