Federal appeals court tosses fine against CBS for Janet Jackson's 'wardrobe malfunction'
By JOANN LOVIGLIO , Associated Press


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

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

The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, "Gonna have you naked by the end of this song," as he reached for Jackson's bustier.

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."

"Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.
[Edited 7/21/08 7:33am]

Good, I think there is other things going on on television these days than a flashing boob!

It just kills me in this day and age that this stuff gets COURT time and political criminals never get held accountable. I mean just the fact that congress is having meeting about steroids in sports is a total fucking joke and yet no one really seems to mind that this is where their money goes.

This shouldn't be in court.

The "Rob and Big" show should be in court.

Does this mean prince.org can finally toss it out as a line of discussion?

yeah really.
[Edited 7/21/08 15:49pm]