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Third Circuit Again Strikes Down FCC Fleeting Image Fine
The U.S. Circuit Court of Appeals for the Third Circuit again threw out a $550,000 fine against CBS Corp. for televising Janet Jackson's “wardrobe malfunction” during the 2004 Super Bowl halftime show. CBS Corp. v. Federal Communications Commission (FCC), 06-3575. The split appellate panel reviewed its previous decision after the U.S. Supreme Court remanded it in light of the High Court's ruling in the fleeting-expletive indecency case of FCC v. Fox Television Studios, 556 U.S. 502. While the Third Circuit was unanimous in its initial decision, the author of that first opinion ' Judge Anthony Scirica ' now dissented.
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