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Monday, July 21, 2008

3rd Circuit: A bit of breast OK

Remember the infamous Janet Jackson "wardrobe malfunction" episode? The AP reports that a three-judge panel of the 3rd U.S. Circuit Court of Appeals has found that the FCC acted arbitrarily and capriciously in imposing a $550,000 fine on CBS over the 2004 Superbowl halftime show incident.

"The Commission's determination that CBS's broadcast of a nine-sixteenths of one second glimpse of a bare female breast was actionably indecent evidenced the agency's departure from its prior policy," the court found. "Its orders constituted the announcement of a policy change — that fleeting images would no longer be excluded from the scope of actionable indecency."

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