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

Arcom Targets 31 Adult Sites Over Age Verification

French media regulator Arcom on Wednesday announced that it is taking action against 31 adult websites that the agency says have failed to implement age verification as required under France’s Security and Regulation of the Digital Space (SREN) law.

AEBN Publishes Popular Searches for May, June

AEBN has published the top search terms for May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Daniella Renae Headlines 2nd Volume of 'Big Tit MILFs' From Reality Junkies

Daniella Renae toplines the second volume of "Big Tit MILFs" from Mile High Media studio imprint Reality Junkies.

Icon Debuts New 'Good Clean Fun' Douche

Icon Brands has introduced its new Good Clean Fun douche.

ChatGains Joins Pineapple Support as Partner-Level Sponsor

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

Private Releases 2nd Volume of 'Horny Women: Mid-Life Crisis'

Private has released the second volume of “Horny Women: Mid-Life Crisis,” directed by Xavi Rocka.

Charlie Forde, Mickey Mod & Derek Kage Star in 'A Surprise for Charlie' From Dorcel

Charlie Forde stars with Mickey Mod and multi-XMAs winner Derek Kage in “A Surprise for Charlie,” from Dorcel.

Westridge Acquires Mayer Laboratories

ID Lubricants parent company Westridge Laboratories has acquired sexual wellness brand Mayer Laboratories, manufacturer of Kimono condoms and Blossom Organics personal lubricants.

VMG Celebrates 10th Anniversary of 'Vixen' Imprint

Vixen Media Group (VMG) is marking the 10th anniversary of its flagship studio imprint, Vixen.

Show More