3rd Circ. Again Nixes CBS 'Wardrobe Malfunction' Fine

Law360, New York (November 2, 2011, 6:23 PM EDT) -- The Third Circuit on Wednesday rejected for the second time a Federal Communications Commission fine imposed on CBS Corp. for Janet Jackson's notorious "wardrobe malfunction" during the 2004 Super Bowl halftime show, saying a 2009 Supreme Court ruling made no difference in the case.

In a 2-1 ruling, the Third Circuit nixed arguments that the Supreme Court's opinion in FCC v. Fox Television Stations Inc. should prompt a rethink of its 2008 decision to toss the $550,000 fine, ruling yet again that the FCC had improperly...
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