Court Tosses 'Wardrobe Malfunction' Fine

CBS will not have to pay the $550,000 fine set by FCC after Janet Jackson's breast-baring incident during the 2004 Super Bowl.

By: Christian Stapleton | WKRG-TV
Published: July 21, 2008

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PHILADELPHIA (AP) - CBS won't have to pay the $550,000 indecency
fine leveled against it by federal regulators for Janet Jackson's
breast-baring "wardrobe malfunction" during the 2004 Super Bowl
halftime show.
A federal appeals court has ruled the Federal Communications
Commission "acted arbitrarily and capriciously" in issuing the
fine for the fleeting image of nudity.
The court found that the FCC deviated from its nearly 30-year
practice of fining indecent broadcast programming only when it was
so "pervasive as to amount to 'shock treatment' for the
audience."
The 3rd Circuit judges also ruled that the FCC deviated from its
long-held approach of applying identical standards to words and
images when reviewing complaints of indecency.