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: JURIST - The Paper Chase

Supreme Court orders Third Circuit to revisit FCC fine for Super Bowl mishap

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

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[JURIST] The US Supreme Court on Monday ordered the US Court of Appeals for the Third Circuit to reconsider its ruling upholding a $550,000 fine against CBS for the infamous "wardrobe malfunction" incident in which pop singer Janet Jackson's breast was briefly exposed during the 2004 Super Bowl telecast. The Court granted certiorari in FCC v. CBS Corp., vacated the decision below, and remanded the case for further consideration in light of last week's decision in FCC v. Fox Television Stations, in which the Court ruled 5-4 that the Federal Communications Commission (FCC) did not act arbitrarily and capriciously in changing its policy regarding fines for the broadcast of isolated expletives. The Third Circuit must now decide whether last week's ruling has an impact on the decision to uphold the fine.

Full post as published by JURIST - The Paper Chase on May 04, 2009 (boomark / email).

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