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

LELO Debuts 'LELO Labs' Enhancements Line

LELO has introduced its new LELO Labs line of performance enhancers.

Cailey Katts, Steve Rickz Front New Release from Grooby

Cailey Katts and Steve Rickz star in the latest release from Grooby Girls, titled “My Best Friend’s Brother.”

Yhivi, Lilly Bell Star in Latest From Girlsway

Yhivi and 2025 XMAs Girl/Girl Performer of the Year Lilly Bell star in the latest release from Girlsway, titled “Like a Real Married Couple.”

Jade Venus, Kasey Kei & Addison Vodka Front Latest From Transfixed

Jade Venus, Kasey Kei, and Addison Vodka star in the latest release from Transfixed, titled "The Sexy Setup."

Kasey Kei Stars in Latest From Kink.com

Kasey Kei stars with Jake Switch in the latest installment of Kink.com's "Kink Trans" series, titled "Take My Hole, Mistress."

Adam & Eve Reveals Results of 'Bedroom Confidence' Survey

Adam & Eve has released the results of a survey asking respondents about their level of confidence in the bedroom.

EU Court: France Can Require Foreign Sites to Implement AV

The European Union’s Court of Justice ruled on Tuesday that France may require pornographic websites based in other EU states to implement age verification in accordance with French law, as long as France follows EU electronic commerce rules.

Foxxy, Cami Strella Topline Latest 'TS Taboo' From TransSensual

Foxxy and Cami Strella headline the 11th volume of "TS Taboo: Office Liaisons" from Mile High Media studio imprint TransSensual.

Lovense, Hustler Hollywood Partner for 'Turned On' Event Series

Lovense and Hustler Hollywood have partnered for a series of product demonstration and staff training events, taking place in 18 cities throughout July.

Madison Wilde, Eva Long Topline Latest 'My Friend's Lesbian Daughter'

Madison Wilde and Eva Long headline the fifth volume of “My Friend's Lesbian Daughter,” the latest release from Girlfriends Films.

Show More