A federal appeals court will revisit the FCC fine it threw out against CBS over Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show.
The 3rd U.S. Circuit Court of Appeals in Philadelphia on Tuesday will consider whether the FCC’s $550,000 fine for the broadcaster over the breast-baring performance is permissible.
In May 2009, the Supreme Court ordered a federal appeals court to re-examine its ruling in favor of CBS over entertainer Janet Jackson’s wardrobe malfunction.
During a musical routine with Justin Timberlake, Jackson had part of her costume accidentally ripped off that revealed an almost bare breast.
The original indecency case was thrown out on the grounds the breast-baring incident was too fleeting to warrant a fine.
The lower court threw out the fine in 2008, saying the FCC acted arbitrarily and capriciously in issuing the fine for the half-second of nudity.
