Court Tosses FCC ‘Wardrobe Malfunction’ Fine
Awout David Phillip/AP
In a Sunday Feb. 1, 2004, file photo, entertainer Janet Jackson, left, covers her breast after her outfit came undone during the half time performance with Justin Timberlake at Super Bowl XXXVIII in Houston.
A federal appeals court today threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction.” The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity. The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, “Gonna have you naked by the end of this song,” as he reached for Jackson’s bustier/Associated Press.
Question: Do you agree with the court decision?