CBS Nipplegate Fine Tossed—Again

Three years later, and there's still no real conclusion on the Federal Communications Commission's $550,000 fine against CBS for Janet Jackson's wardrobe malfunction during the 2004 Super Bowl. For the second time, a three-judge panel of the U. S. Court of Appeals in Philadelphia called the fine arbitrary. 

The Court first ruled it was arbitrary in 2008. That was appealed to the Supreme Court, which remanded it back to the U.S. Court of Appeals in 2009 following the FCC's indecency ruling involving Fox Television's airing of a "fleeting expletive," uttered by Bono at a 2003 Golden Globes awards show.

An FCC spokesman said that "while we are disappointed by the court of appeal's decision, we note that the court overturned the FCC's 2006 forfeiture order on narrow procedural grounds.