Court tosses FCC 'wardrobe malfunction' fine
Legal News Center
A federal appeals court on Monday threw out a $550,000 indecency 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 of the 3rd U.S. Circuit Court of Appeals ruled 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.
The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience."
"Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."
The 3rd Circuit judges — Chief Judge Anthony J. Scirica, Judge Marjorie O. Rendell and Judge Julio M. Fuentes — also ruled that the FCC deviated from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency.
Related listings
-
Court denies Gatlin's appeal on Olympic trials
Legal News Center 06/27/2008Justin Gatlin's pursuit of Olympic gold in Beijing is really over now. His fight against the powers that banned him from the games — well, that will be more like a marathon than a sprint.The defending Olympic 100-meter champion lost his appeal Thursd...
-
High court rules for workers in age bias suit
Legal News Center 06/19/2008The Supreme Court made it easier Thursday for employees to prove they have suffered discrimination because of their age.In a 7-1 ruling, the court said that when older workers are disproportionately affected by an employment decision, the employer be...
-
Gun rights is biggest issue for court to decide
Legal News Center 06/16/2008One momentous case down, another equally historic decision to go. The Supreme Court returns to the bench Monday with 17 cases still unresolved, including its first-ever comprehensive look at the Second Amendment's right to bear arms.The guns case — i...
Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .