Janet Jackson wardrobe malfunction: CBS wins

The Courts Are Still Ruling on Janet Jackson’s Super Bowl Nipple

Seven years (almost eight, at this point) after Janet Jackson’s intentional “wardrobe malfunction” at the Super Bowl and the $ 550,000 fine leveled against CBS is still being argued in court. Just today an appeals court in Philly threw out the case. Now it might be headed back to the Supreme Court.

Yes, the Janet Jackson Nip Slip was heard by the Supreme Court in 2009 and sent back to the appeals court. Today the appeals court ruled that because the FCC created a new policy in order to fine CBS for the offending aureola without announcing the change in advance, it acted arbitrarily and therefore illegally. Yes, that means there is no fine. But now it might go back to the Supreme Court again. This thing just follows us around like some kind of stink we can’t get rid of. Like those pictures of Justin Timberlake and Britney Spears dressed all in denim at the Video Music Awards. Can’t there be a fine for that?

You wanna see the real thing … HERE

Rest assured, everyone, Janet Jackson’s nipple slip will not result in a fine against CBS.

Reuters reports that an appeals court threw out the FCC’s decision to fine CBS for airing Jackson’s infamous wardrobe malfunction during the 2004 Super Bowl. The court said that in imposing the fine, the FCC ”arbitrarily and capriciously” departed from prior policy that exempted “fleeting” indecency from sanctions.

In a statement, the FCC said it was disappointed in the court’s decision, but it plans to use ”all the authority at its disposal” to ensure that broadcasters serve the public interest when they use the public airwaves.

CBS was facing a fine of $ 550,000 — $ 27,500 for each of the 20 stations it owned.