Yet another court has made a ruling in the famous Janet Jackson "wardrobe malfunction" during the 2004 Super Bowl halftime show.
"A federal appeals court on Wednesday again threw out a $550,000 fine against CBS by the Federal Communications Commission for the incident, in which one of Jackson’s nipples was displayed on TV for 9/16 of a second," reports The New York Times Media Decoder blog.
CBS was the network that broadcast the Super Bowl that year.
The story says, "The United States Court of Appeals for the Third Circuit in Philadelphia had issued a similar ruling in July 2008. But that decision was sent back to the appeals court in May 2009 by the Supreme Court after it ruled in a separate case that the F.C.C. had the right to hold broadcasters accountable even for unscripted and isolated foul language.
"The appeals court heard a second round of arguments in the Janet Jackson case in February 2010. On Wednesday, it ruled that while the F.C.C. had the ability to police fleeting images — the nipple-baring episode was onscreen for nine-sixteenths of one second — the commission acted arbitrarily because it failed to announce that it had changed its policy until after it decided to punish CBS."
Reaction by the FCC, in a statement, was, according to the article, "“We are pleased that the court did not question the F.C.C.’s statutory responsibility to regulate indecent broadcasting.”
The Times article added, "The Supreme Court is set to hear further arguments this term in the case that caused the Janet Jackson decision to be sent back to the circuit court. That case, F.C.C. v. Fox Television Stations, No. 10-1293, concerns whether the F.C.C.’s policies banning nudity, expletives and other indecent content on broadcast radio and television violate the Constitution."