Fox News has been brought to court over a copyrighted image of three firefighters raising the American flag at the attack site on September 11, 2011, The Hollywood Reporter explains.

For the second time this year, The North Jersey Media Group is taking Fox News to the courtroom.

Fox News claims that “fair use creates the breathing space needed to protect expression” and the use of the photo was for the purpose of commentary.

Fox is entering the case following a big legal loss two weeks ago.