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

Kasey Kei Stars in Latest From Transfixed

Kasey Kei stars with Reese Rideout and reigning two-time XMAs Trans Performer of the Year Ariel Demure in the latest release from Transfixed.

JustFor.fans Launches 'JFF Create' iPhone App

JustFor.fans (JFF) has launched its new iPhone creator management app, JFF Create.

Sarah Arabic Fronts 2nd Installment of Digital Playground Western 'The Drifter'

Sarah Arabic stars with multi-XMAs winner Alex Jones in the second installment of Digital Playground’s two-part Western, titled “The Drifter.”

ShootXEvents Joins ASACP as Media Sponsor

ShootXEvents has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lilly Bell, Victoria Grant Front Latest From Transfixed

2025 XMAs Girl/Girl Performer of the Year Lilly Bell and Victoria Grant star in the latest release from Transfixed, titled "Telling Her Story."

Yhivi, Chanel Chance Lead Latest From Transfixed

Yhivi and Chanel Chance star in the latest release from Transfixed, titled "An Unexpected Craving."

Penny Barber Stars in Latest From Kink.com

2025 XMAs MILF Performer of the Year Penny Barber stars with Peter Hooke in the latest installment of Kink.com's "Divine Bitches" series, titled “Earning His Freedom.”

Pornhub Unblocks UK Users on iOS Devices, Citing Apple AV Effectiveness

Pornhub parent company Aylo on Tuesday announced that users in the United Kingdom will once again be able to access the popular site if they are using Apple devices and have confirmed their age through Apple’s U.K. age-verification process.

Penthouse Names Hannah Jo May's 'Pet of the Month'

Penthouse Magazine has named Hannah Jo as Pet of the Month for May.

North Carolina Weighing Tax on Brick-and-Mortar Sales of Adult Material

The North Carolina state legislature is considering a bill that would impose a new 10% tax on adult material sold by physical retailers in the state.

Show More