FCC Asks 3rd Circ. For New Look At 'Nipplegate' Case

Law360, New York (September 16, 2009, 4:25 PM EDT) -- Now that the U.S. Supreme Court has ruled that the fleeting broadcast of an indecent image is not exempt from indecency laws, the Federal Communications Commission has filed a brief arguing it should be able to further investigate whether CBS Corp. acted recklessly in the infamous “Nipplegate” case.

The litigation, in the U.S. Court of Appeals for the Third Circuit, stems from the network's broadcast of the 2004 Super Bowl halftime show, during which musical performer Justin Timberlake tore part of fellow performer Janet Jackson's bustier,...
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