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PHILADELPHIA — In the latest court battle over the steamy 2004 Super Bowl halftime show, a federal appeals court ruled Wednesday that CBS should not be fined $550,000 for Janet Jackson’s infamous “wardrobe malfunction.”
The 3rd U.S. Circuit Court of Appeals held its ground after the U.S. Supreme Court ordered a review after ruling in a related Fox TV case that the Federal Communications Commission could threaten fines over a single curse word on live TV. Circuit Judge Marjorie Rendell said the Fox case “fortifies our opinion” that the FCC was wrong to fine CBS. The three-judge panel reviewed three decades of FCC rulings and concluded the agency was changing policy, without warning, by fining CBS for fleeting nudity. The Associated Press
