Janet Jackson’s ‘Wardrobe Malfunction’ FCC Fine Tossed

Janet Jackson and Justin Timberlake at 2004’s Super Bowl XXXVIII

Frank Micelotta/Getty

updated 07/21/2008 AT 10:00 AM ET

originally published 07/21/2008 AT 11:25 AM ET

One of the most infamous moments in Super Bowl history may have seen Janet Jackson bear a lot of flesh – but that doesn’t mean CBS ought to bear a big financial burden, a three-judge panel has ruled.

A federal appeals court in Philadelphia on Monday tossed out the $550,000 that the Federal Communications Commission levied against CBS Corp. for the 2004 nationally televised halftime show that introduced the phrase “wardrobe malfunction” to the world. The court said the FCC had acted “arbitrarily and capriciously.”

Some 90 million Americans were watching when Justin Timberlake ripped off part of Jackon’s bustier as he sang, “Gonna have you naked by the end of this song.”
Michael Y. Park


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