The bad side is why they made this decision:
Officials said one reason the administration decided not to seek Supreme Court review is that some lawyers were concerned that the case could prompt the justices to review related First Amendment issues in a way that could undermine efforts by the commission to enforce indecency rules against television and radio broadcasters. Over the last year, the agency has issued a record number and size of fines, and has been pressed by some conservative and other advocacy groups to be more aggressive.
Granted, not quite as big a deal, but less respect for the theocrats getting all worked up over a skimpy bathing suit on the OC would've been nice.
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