Appeals court Tosses Jackson’s Hefty ‘Wardrobe Malfunction’ Fine

I don’t think anyone can forget Janet and Justin’s nipple bearing episode during the 2004 Super Bowl halftime show. Well after being fined $550,000 by the FCC for the “wardrobe malfunction,” CBS appealed the ruling and now an appeals court has thrown out the case. A panel of the 3rd U.S. Circuit Court of Appeals ruled Monday that the FCC “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity, which it noted lasted just over half a second. An estimated 90 million people watching the Super Bowl heard Justin Timberlake sing, “Gonna have you naked by the end of this song,” as he reached for Janet Jackson’s bustier. The court said the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so “pervasive as to amount to ‘shock treatment’ for the audience.” Hopefully this can get Janet back on the channel’s good side. As for Justin, I think he still bailed on her during the whole fiasco. Plus the other day he used the incident as a joke while he hosted the 2008 ESPY Awards. What you think?


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