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A federal appeals court has tossed out the Federal Communications Commission?s $550,000 indecency fine against CBS for the infamous Janet Jackson ?wardrobe malfunction? at the 2004 Super Bowl halftime show.
The decision - the second recent blow to FCC chairman Kevin J. Martin?s crackdown on broadcast indecency - said the agency acted ?arbitrarily and capriciously? in levying the fine.
Attorneys for the Eye had argued that the commission, in penalizing the broadcaster for the image of a partially naked female breast flash that lasted less than a second, departed from established practice of holding broadcasters liable only for ?pervasive? indecency. The 3rd Circuit Court of Appeals in Philadelphia agreed.
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http://www.variety.com/article/VR111...goryId=14&cs=1
A federal appeals court has tossed out the Federal Communications Commission?s $550,000 indecency fine against CBS for the infamous Janet Jackson ?wardrobe malfunction? at the 2004 Super Bowl halftime show.
The decision - the second recent blow to FCC chairman Kevin J. Martin?s crackdown on broadcast indecency - said the agency acted ?arbitrarily and capriciously? in levying the fine.
Attorneys for the Eye had argued that the commission, in penalizing the broadcaster for the image of a partially naked female breast flash that lasted less than a second, departed from established practice of holding broadcasters liable only for ?pervasive? indecency. The 3rd Circuit Court of Appeals in Philadelphia agreed.
...
http://www.variety.com/article/VR111...goryId=14&cs=1
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