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Superbowl 'Wardrobe Malfunction' - Appeals Court Ruling

November 18, 2011
For all you football aficionados.  A federal appeals court this month threw out the FCC's $550,000 fine against CBS - the penalty for Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show. The U.S. Court of Appeals for the 3rd Circuit in Philadelphia had issued a similar ruling in July 2008, but the case was sent back to the appeals court in May 2009 by the Supreme Court - [which reportedly viewed the tape several hundred times].  Actually, the Supremes made the decision after ruling in a separate case that the Federal Communications Commission had the right to hold broadcasters accountable even for unscripted and isolated foul language. After hearing a second round of arguments, the appeals court ruled that, while the FCC had the authority to police fleeting images - the Ms. Jackson was partially exposed on-screen for 9/16ths of a second - the FCC acted arbitrarily because it had not announced that it had changed its policy until after it decided to fine CBS. The majority further described the FCC's decision as "arbitrary and capricioius" because it did not announce that it was stiffening its guidelines for “fleeting material” until March 2004, after the February 2004 Super Bowl broadcast.   [Media Decoder Blog, 11/2/11]