Supreme Court Revisits CBS Indecency Fine

WASHINGTON, D.C.: The U.S. Supreme Court has ordered a federal appeals court to reexamine its ruling that tossed out a $550,000 FCC fine against CBS for Janet Jackson’s infamous "wardrobe malfunction" during the 2004 Super Bowl.

In a performance during the half-time show with Justin Timberlake, Jackson inadvertently flashed a bare breast. The FCC fined CBS $27,500 per station for the incident. The FCC said it levied the fine because the incident was "graphic, explicit, pandering, titillating and shocking and, in context and on balance, was patently offensive under contemporary community standards for the broadcast medium and thus indecent.”

Overturning the FCC order last year, the appeals court ruled that the regulatory authority had acted “arbitrarily and capriciously.” It also ruled that CBS could not be held accountable for the brief flash of nudity. The Supreme Court is now asking the appeals court to reconsider its decision. The move comes following the Supreme Court’s decision to back the FCC on its "fleeting expletives" policy, allowing the regulatory authority to fine broadcasters for a single expletive uttered during a live broadcast.