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: It's (Barely) LegalCourt Tosses 'Wardrobe Malfunction' Fine
By Glen Ashman
3rd Circuit Tosses 'Wardrobe Malfunction' Fine Against CBS
The Legal Intelligencer
The 3rd Circuit ruled Monday that the FCC should not have imposed fines on CBS for the "wardrobe malfunction" at the 2004 Super Bowl in which singer Janet Jackson's breast was exposed because the agency had unfairly imposed a new, stricter standard without first informing broadcasters. The court found that the FCC had "departed from its prior policy excepting fleeting broadcast material from the scope of actionable indecency," and rejected the argument that the policy had applied only to spoken indecency.
http://www.law.com/jsp/article.jsp?id=1202423159498
Full post as published by It's (Barely) Legal on July 23, 2008 (boomark / email).
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Third Circuit Tosses FCC's "Wardrobe Malfunction" Fine
"Super Bowl Fine Is Voided; Court's Indecency Ruling Trumps FCC"
Third Circuit: FCC Acted "Capriciously" in Wardrobe Malfunction Case
No fine for Janet Jackson's breast after all
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