Janet Jackson Nipple Fine Overturned

LOS ANGELES — In a 102-page opinion, the Third Circuit Court of Appeals has overturned the $550,000 fine assessed by the Federal Communications Commission (FCC) against CBS for the infamous Janet Jackson / Justin Timberlake "wardrobe malfunction" during the 2004 Super Bowl halftime show.

In reaching its decision, the Court found that the FCC had acted arbitrarily and capriciously by changing its policy on "fleeting material" without proper notice to broadcasters. The Court also rejected the FCC's conclusion that CBS was legally responsible for the actions of the two performers.

The 3rd Circuit's decision was applauded by Vermont author and attorney Frederick Lane, whose recent book "The Decency Wars: The Campaign to Cleanse American Culture," chronicled the 2004 Super Bowl half-time show and the legal proceedings that followed.

"The FCC's tortured attempt to revise its policies to punish CBS was only marginally motivated by concern for public decency," Lane said. "Instead, the Commission's unusually aggressive investigation and punishment of CBS was motivated by a desire by Michael Powell to deflect attention from his controversial deregulatory policies and the Bush White House's interest in satisfying its Religious Right base in an election year."

According to Lane, the 3rd Circuit's criticism of the FCC for its efforts to turn its indecent speech regulation into strict liability for broadcasters, a policy the Court said would have a significant chilling effect on the First Amendment, is particularly noteworthy.

"If liability for obscenity may lie only where scienter [knowledge of criminality] is proven, then liability for higher-value speech must depend on a showing of some quantum of scienter at least as significant," the Court wrote. "The government's authority to restrict constitutionally protected speech or expression can be no greater than its authority to restrict unprotected speech or expression."

"For much of the past decade," Lane said, "social and religious conservatives have been trying to use the FCC to impose a narrow moral agenda on broadcasters; some even want to extend the FCC's jurisdiction to cable and the Internet. The Court's opinion underscores the danger of allowing a small group of government regulators to impose their subjective views regarding speech on the entire country."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

XBIZ Expo Retail Trade Show Heads to L.A. LIVE Jan. 7-10

XBIZ Expo returns Jan. 7-10, 2027, at JW Marriott L.A. LIVE, where pleasure product manufacturers, distributors, retailers and other industry professionals will gather for four days of business, networking and entertainment.

Jennifer White Launches Official Site, Debuts 1st Release

Reigning XMAs Female Performer of the Year Jennifer White has launched her new website, JenniferWhite.com, and announced the first feature-length showcase from her new production company.

Beisar Introduces 'Pillar' Fantasy Vibrator

Beisar has debuted its new Pillar fantasy vibrating dildo.

Brandi Swan Performs 1st Anal in Her Evil Angel Debut

Brandi Swan performs her first anal scene in her Evil Angel debut alongside Mark Wood in "Anal & MILFY #2."

Audrey Bitoni Returns to New Sensations

Audrey Bitoni stars with Nathan Bronson in the latest release from New Sensations.

Brazzers Premieres Ricky Greenwood's Sci-Fi Comedy Feature 'Mega Perv'

Brazzers has released “Mega Perv,” a Los Angeles-based science fiction comedy film from multi-XMAs winner Ricky Greenwood.

Full Circle Brands Expands 'The Pleasure Company' Vibe Collection

Full Circle Brands has introduced four new devices from its Pleasure Company collection of vibrators and massagers.

Adult Game Fest Announces Nominees for Inaugural Awards Show

Organizers for the inaugural Adult Game Fest convention and trade show have announced the nominees for the event's awards ceremony, taking place Saturday, Sept. 26, at 5 p.m. (PDT).

Alice XO, Irish Bull Make Immoral Debuts

Alice XO and 2025 Euro XMA Male Creator of the Year Irish Bull have made their debut for Immoral Productions, alongside John Price and studio honcho “Porno Dan” Leal.

Byborg Enterprises Joins Pineapple Support as Sponsor

Byborg Enterprises has joined the ranks of over 70 adult businesses and organizations committing funds and resources to Pineapple Support.

Show More