More than four years after a wardrobe malfunction allowed a Super Bowl audience of 90 million people to see Janet Jackson's breast, the $550,000 indecency fine levied against CBS for the incident has been thrown out, a court ruled today. The 3rd U.S. Circuit Court of Appeals said the FCC "acted arbitrarily and capriciously" when issuing the fine on CBS for what was an accidental, split-second flash of nudity. The "malfunction" was almost perfectly synchronized with Justin Timberlake singing the line "Gonna have you naked by the end of this song" ("this song" being "Rock Your Body") performed during the Super Bowl intermission. The incident led to an almost-censorship of live events, with tape delays becoming the norm to avoid future unscripted situations.
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