Snappy newsletters. Simple Facebook sharing. Spirited comments. Sweet features are waiting… GET THEM NOW!

Hot on Facebook
Guy Buys $123 Safe on eBay, Finds $26,000 Inside Seller tries to get half the cash back, fails »

Court Tosses Super Bowl Fine

Federal panel says FCC acted capriciously with $550K penalty

By Jonas Oransky,  Newser Staff

Posted Jul 21, 2008 1:27 PM CDT

(Newser) – A federal appeals court today threw out the FCC $550,000 fine against CBS for Janet Jackson’s infamous 2004 “wardrobe malfunction.” The decency watchdogs were found to have acted arbitrarily in changing their policy of not punishing fleeting nudity, Broadcasting & Cable reports. The court separately said the network couldn’t be held "vicariously liable" for the halftime breast-baring—that is, liable for something it didn't plan and could not foresee.

The FCC had argued that its forgiveness on "fleeting" violations had applied to expletives, not images, but the court said the agency's enforcement history showed otherwise. Said CBS, “We are gratified by the court's decision, which we hope will lead the FCC to return to the policy of restrained indecency enforcement it followed for decades.”

Super Bowl XXXVIII: Halftime Show
Super Bowl XXXVIII: Halftime Show   (Getty Images)
HOUSTON ,TX - Janet Jackson and Justin Timberlake perform during the AOL halftime show of Super Bowl XXXVIII at Reliant Stadium.
HOUSTON ,TX - Janet Jackson and Justin Timberlake perform during the AOL halftime show of Super Bowl XXXVIII at Reliant Stadium.   (KRT Photos)
« Prev« Prev | Next »Next » Slideshow
To report an error on this story, notify our editors.
A snapshot of the day's best news stories.
 
COMMENTS
Be the first to comment on this story.

More Newser Stories

Supremes to Weigh On-Air Swearing

'Wardrobe Malfunction' Busts Into Court

Supreme Court Reopens Nipple-Gate

'Wardrobe Malfunction' Case Bound for Supreme Court

Appeals Court Rejects FCC Decency Rules


NEWS FROM OUR PARTNERS
Other Sites We Like:   24/7 Wall St.   |   Betty Confidential   |   BuzzFeed   |   Cracked   |   Fark   |   Timelines   |   The Frisky   |   Geek Sugar   |   NewsOne