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 Court throws out fine for Janet's wardrobe malfunction curlio  
 2008-07-21 18:14:14 ABC News      
Money Matters CBS had been contesting the $550,000 fine the Federal Communications Commission levied against the broadcasters after Janet Jackson and Justin Timberlake's now infamous Super Bowl wardrobe malfunction. In case you've just recently crawled out from a rock, we'll catch you up.

Back in 2004, Janet and Justin performed at the Super Bowl halftime show. During the show, Justin reached for Janet's bustier in a move that was supposed to shock, but not reveal anything other than another smaller bustier. Unfortunately millions of people got an eyeful, though for less than a second. Afterwards everyone apologized and said that it wasn't planned. The FCC didn't buy it, and levied the massive fine. CBS has fought the fine, claiming the FCC's long standing policy held that fleeting, unplanned images that may offend were exempt from fines. The court agreed with CBS.
"Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."
The court further said that the FCC "acted arbitrarily and capriciously" by landing CBS with the fine.

Read the full article here.
 
 
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