Appeals court overturns FCC's fine for Super Bowl 'wardrobe malfunction'

A federal appeals court on Wednesday overturned the Federal Communication Commission's indecency fine against CBS for airing a split-second view of singer Janet Jackson's breast during the 2004 Super Bowl halftime show.

The 3rd Circuit Court of Appeals in Philadelphia had ruled against the FCC in 2008, but the Supreme Court ordered the court to reconsider the decision in light of another ruling involving an FCC fine against Fox. In that case, the Supreme Court upheld the FCC's power to fine broadcast stations for "fleeting expletives."

 In its decision on Wednesday, the court noted that Janet Jackson's breast was exposed for just longer than half a second. The issue before the court was whether the FCC has the power to fine stations for such fleeting images.

But the 3rd Circuit ruled on a narrower issue, overturning the $550,000 fine because it found that the FCC had changed its policy about nudity when it fined CBS. The fine was "arbitrary and capricious," the court ruled.

"We are pleased that the court did not question the FCC’s statutory responsibility to regulate indecent broadcasting," an FCC spokesman said. "While we are disappointed by the court of appeal’s decision, we note that the court overturned the FCC’s 2006 forfeiture order on narrow procedural grounds."

Singer Justin Timberlake famously described Jackson's exposure as a "wardrobe malfunction."

The Parents Television Council, which lobbied the FCC to levy the fine, was "outraged" by the decision.

“Today’s ruling reaches the level of judicial stupidity and is a sucker-punch to families everywhere," the group's president, Tim Winter, said in a statement. He urged the Supreme Court to reverse the decision.

This post was updated at 3:12 p.m.

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