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FCC Loses Janet Jackson Super Bowl Case

Government agency's fine against CBS deemed capricious

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November 3, 2011 8:55 AM ET
Janet Jackson and Justin Timberlake perform at the Super Bowl XXXVIII Halftime Show produced by MTV, 2004
Janet Jackson and Justin Timberlake perform at the Super Bowl XXXVIII Halftime Show produced by MTV, 2004
Kevin Mazur/WireImage

Philadelphia's 3rd U.S. Circuit Court of Appeals has ruled that the FCC wrongly fined Janet Jackson and CBS for the singer's infamous 2004 Super Bowl performance in which a "wardrobe malfunction" exposed her breast. The court ruled that the FCC's decision to fine CBS $550,000 was made "arbitrarily and capriciously."

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The appeals court ruling is supposedly the conclusion of a case that has had previous conflicting decisions. The 3rd Circuit Court voided the fine in 2008, but the Supreme Court vacated that ruling a year later.

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