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See the best of Reuters photography. See more | Photo caption Raging wildfires Raging fires strike Colorado and Utah. Slideshow Madonna on tour Madonna takes her MDNA World Tour on the road. Slideshow High court agrees no indecency fine for CBS "wardrobe malfunction" Tweet Share this Email Print Related News Supreme Court upholds Obama's healthcare law 10:18am EDT Top court upholds healthcare law in Obama triumph Thu, Jun 28 2012 U.S. court rules against FCC in TV profanity, nudity cases Thu, Jun 21 2012 Pakistan Supreme Court disqualifies prime minister Tue, Jun 19 2012 U.S. court rules for Rumsfeld in Iraq torture suit Fri, Jun 15 2012 Analysis & Opinion Suit against U.S. Consumer Financial Protection Bureau could force it to define limits to its authority, says banking industry lawyer SCOTUS: What Congress can’t regulate, it can tax Related Topics Entertainment » Fashion » Television » Media » By James Vicini WASHINGTON | Fri Jun 29, 2012 10:48am EDT WASHINGTON (Reuters) - The U.S. Supreme Court on Friday let stand a lower court decision to throw out a federal agency's $550,000 indecency fine against CBS Corp for airing singer Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl broadcast. Jackson's right breast was briefly exposed to almost 90 million TV viewers after singer Justin Timberlake ripped off part of her bustier during a halftime show performance. CBS was fined $27,500 for each of the 20 stations it owned. The justices, in a brief order, rejected an appeal by the Federal Communications Commission, declining to review a ruling by a U.S. appeals court based in Philadelphia that held the FCC had acted arbitrarily and capriciously in imposing the fine. The Supreme Court rejected the FCC's appeal in the CBS case after its June 21 ruling in two separate cases that went against the FCC's crackdown on broadcast profanity and nudity. It unanimously ruled the FCC standards were vague and the agency had failed to give fair notice of its indecency policy change. The high court's ruling involved 2002 and 2003 awards shows on News Corp's Fox television network when singer Cher blurted out an expletive and actress Nicole Richie used two expletives. The justices in a second case overturned $1.21 million in fines imposed by the FCC over a seven-second shot of a woman's nude buttocks on a 2003 "NYPD Blue" episode on Walt Disney Co's ABC network. The FCC stepped up its indecency crackdown after the Janet Jackson incident, which drew half a million complaints to the agency. Chief Justice John Roberts agreed with the denial of the appeal. But he wrote briefly and said that even if the appeals court was wrong in its ruling in the CBS case, the FCC has clarified its indecency policy since the Janet Jackson incident. "It is now clear that the brevity of an indecent broadcast - be it word or image - cannot immunize it from FCC censure," Roberts wrote. He said Timberlake and Jackson "strained the credulity of the public by terming the episode a 'wardrobe malfunction' and added, "As every school child knows, a picture is worth a thousand words, and CBS broadcast this particular picture to millions of impressionable children." The Supreme Court case is FCC v. CBS Corp, No. 11-1240. (Reporting by James Vicini; Editing by Jackie Frank) Entertainment Fashion Television Media Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints We welcome comments that advance the story through relevant opinion, anecdotes, links and data. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. For more information on our comment policy, see http://blogs.reuters.com/fulldisclosure/2010/09/27/toward-a-more-thoughtful-conversation-on-stories/ Comments (0) Be the first to comment on reuters.com. Add yours using the box above. 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High court agrees no indecency fine for CBS wardrobe malfunction |
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