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Supreme Court orders Third Circuit to revisit FCC fine for Super Bowl mishap

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ordered [order list, PDF] the US Court of Appeals for the Third Circuit to reconsider its ruling upholding a $550,000 fine [JURIST report] against CBS for the infamous "wardrobe malfunction" incident in which pop singer Janet Jackson's breast was briefly exposed during the 2004 Super Bowl telecast. The Court granted certiorari in FCC v. CBS Corp. [docket], vacated the decision below, and remanded the case for further consideration in light of last week's decision in FCC v. Fox Television Stations [Cornell LII backgrounder], in which the Court ruled [opinion, PDF; JURIST report] 5-4 that the Federal Communications Commission (FCC) [official website] did not act arbitrarily and capriciously in changing its policy regarding fines for the broadcast of isolated expletives. The Third Circuit must now decide whether last week's ruling has an impact on the decision to uphold the fine.

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