Court Tosses FCC 'Wardrobe Malfunction' Fine

July 21, 2008 - 9:45 AM
A federal appeals court has thrown out a $550,000 fine against CBS Corp. for the 2004 Super Bowl halftime show.<br style="mso-special-character: line-break" />
Philadelphia (AP) - A federal appeals court has thrown out a $550,000 fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring "wardrobe malfunction."

The three-judge panel in Philadelphia ruled Monday that the Federal Communications Commission "acted arbitrarily and capriciously" in issuing the fine for the fleeting image of nudity.

The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, "Gonna have you naked by the end of this song," as he reached for Jackson's bustier.