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On July 21, a three-judge panel of the U.S. Court of Appeals for the 3rd Circuit threw out a $550,000 fine against CBS for televising a split-second view of Janet Jackson's breast during the 2004 Super Bowl Halftime Show. While the victory wasn't unexpected, the timing was. In February, the Supreme Court granted certiorari in Fox Television Stations v. FCC , another case raising questions over whether and under what circumstances the FCC can penalize broadcasters for airing unscripted indecent speech. With the case slated for oral argument in November, both the FCC?s backers and broadcast attorneys expected the 3rd Circuit judges to hold their tongues.
July 28, 2008 at 05:05 AM
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The original version of this story was published on Law.Com
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