High Court Rejects FCC's Last 'Wardrobe Malfunction' Appeal

Law360, New York (June 29, 2012, 1:57 PM EDT) -- The U.S. Supreme Court on Friday refused to take another look at the Federal Communications Commission's crusade to reinstate its fine against CBS Corp. for the Janet Jackson “wardrobe malfunction,” with Chief Justice John Roberts noting FCC policy changes rendered the issue moot.

The high court denied the FCC's petition for a writ of certiorari seeking reconsideration of the Third Circuit's ruling last year that the $550,000 fine levied against CBS after the infamous 2004 Super Bowl halftime show was arbitrary under then-existing FCC regulations. In his concurring opinion, Roberts said though it was debatable whether the FCC had the authority...

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