Refusing to give up, Federal Communications Commission (FCC) appealing against a ruling of a lower court, has taken the breast-baring 2004 Super Bowl incident to the Supreme Court for review, contending the 3rd US Circuit Court of Appeals, Philadelphia was wrong to throw out the indecency case and a $550,000 fine against CBS Corp.

Quick reaction to FCC's appeal saw Media Access Project filing a friend-of-the-court brief with the appellate court on behalf of a group of TV writers, directors and producers, claiming 'FCC's decisions in this area have made it very difficult for creative artists to exercise their craft'.

FCC already has an appeal pending before the U. S. Supreme Court, over Cher uttering a profanity during a December 2002 music awards show, including Nicole Richie at a December 2003 awards show.