FCC Again Pursues 'Wardrobe Malfunction' Fine In High Court

Law360, New York (April 18, 2012, 5:56 PM EDT) -- The Federal Communications Commission on Wednesday once more asked the U.S. Supreme Court to reinstate its fine against CBS Corp. for Janet Jackson's infamous Super Bowl “wardrobe malfunction,” arguing that the Third Circuit misinterpreted the agency's policies in revoking the fine.

The FCC argued in its petition for certiorari that the circuit court erred when it held the communications agency to policy standards exempting parties that broadcast fleeting expletives from penalty. The FCC claims that fleeting images — such as Jackson's exposed breast — are not...
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