Back in January I discussed the claim by the Federal Communications Commission that the buttocks are a "sexual or excretory organ". To my amazement and dismay, this nonsense continues. The matter has now reached the Court of Appeals for the Second Circuit. Here is ABC's brief and here is the FCC's response.
I don't find the FCC's response at all persuasive. It consists in large part of the claim that in the rule the phrase "sexual or excretory organs" should be interpreted as meaning what they want it to mean, as "body parts whose public display is deemed offensive by prudish people" rather than as what it actually says. It will be interesting to see what the Court makes of it.