SCOTUS Sends 'Wardrobe Malfunction' Case Back To Lower Court For Reconsideration
May 4, 2009 at 7:36 AM (PT)
In light of its ruling on "fleeting expletives" last week, the SUPREME COURT has granted the government's appeal of the Court of Appeals ruling in the JANET JACKSON SUPER BOWL "wardrobe malfunction" case, sending the case back to the Third Circuit for further review.
In JULY 2008, the Third Circuit court in PHILADELPHIA rejected the FCC's $550,000 fine for JACKSON's split-second so-called wardrobe malfunction, telecast on CBS. The three-judge panel ruled that the fine was illegal because the agency had changed policy about fleeting indecent images without proper notice to broadcast licensees. The FCC and DEPARTMENT OF JUSTICE appealed the ruling, leading to today's remanding.