With the backing of the Justice Department, the Federal Communications Commission has filed an appeal of a Second Circuit Court of Appeals decision that effectively gutted the panel’s indecency enforcement policy, reports B&C.

The FCC contends that the ruling was too broad and would make creating an indecency enforcement policy that would satisfy the court a "seeming impossibility,” the story says.

The panel alleges that the court “all but ignored” the facts of the case, which was focused on fleeting profanities that aired on a live awards broadcast on Fox.