The 3rd Circuit ruled Monday that the FCC should not have imposed fines on CBS for the "wardrobe malfunction" at the 2004 Super Bowl in which singer Janet Jackson's breast was exposed because the agency had unfairly imposed a new, stricter standard without first informing broadcasters. The court found that the FCC had "departed from its prior policy excepting fleeting broadcast material from the scope of actionable indecency," and rejected the argument that the policy had applied only to spoken indecency.
3rd Circuit Tosses 'Wardrobe Malfunction' Fine Against CBS
The Legal Intelligencer
July 22, 2008