The 3rd U.S. Circuit Court of Appeals has again thrown out a $550,000 fine against CBS Corp. for televising Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show.

The split panel reviewed their previous decision after the U.S. Supreme Court remanded it in light of the high court’s ruling in the indecency case of FCC v. Fox Television Studios . While the 3rd Circuit was unanimous in its initial decision, the author of that first opinion — Judge Anthony Scirica — now dissents.

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