Federal appeals court throws out CBS' 2004 Janet Jackson Super Bowl fine for 'wardrobe malfunction'

[observer]

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July 21, 2008
http://sports.espn.go.com/nfl/news/story?id=3498059
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Excerpt:

A federal appeals court on Monday threw
out a $550,000 indecency fine against
CBS Corp. for the 2004 Super Bowl half-
time show that ended with Janet Jackson's
breast-baring "wardrobe malfunction."

Janet Jackson's "wardrobe malfunction"
in the 2004 Super Bowl halftime show
prompted changes to later halftime shows.

The three-judge panel of the 3rd U.S. Cir-
cuit Court of Appeals ruled that the Federal
Communications Commission "acted arbi-
trarily and capriciously" in issuing the fine
for the fleeting image of nudity.

The court found that the FCC deviated from
its nearly 30-year practice of fining indecent
broadcast programming only when it was so
"pervasive as to amount to 'shock treatment'
for the audience."

...

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