CBS Wins in Janet Jackson Malfunction Case Against FCC

Jackson's 2004 Super Bowl halftime performance still haunts CBS

An appeals court in Philadelphia threw out a decision to fine CBS $550,000 for Janet Jackson's wardrobe malfunction during the Super Bowl halftime show in 2004.

In a 2-1 majority, the 3rd U.S. Circuit Court of Appeals was divided. Still, the court declined to fined CBS saying that Federal Communications Commission '"arbitrarily and capriciously" departed from prior policy that exempted "fleeting" indecency from sanctions," reports Reuters.

The FCC was disappointed with the court's decision. CBS on the other hand was satisfied, saying they hope the FCC will "return to the policy of restrained indecency enforcement it followed for decades."

Janet Jackson's right breast (nipple ring included) was exposed to 90 million viewers when singer Justin Timberlake accidentally ripped off a part of Janet Jackson's bustier in a live broadcast. Originally, CBS was fined $27,500 for each of the 20 stations they owned.

The battle of the malfunction isn't over yet. The Supreme Court is expected to decide if the FCC's nude and indecent policy is constitutional.