Third Circuit Throws Out Fine Imposed on CBS in "Wardrobe Malfunction" Case

On November 2, a three-judge panel of the Third Circuit Court of Appeals threw out a fine imposed on CBS for showing a fleeting image of Janet Jackson's breast during the Super Bowl in 2004. The Third Circuit had previously ruled against the fine, but the Supreme Court remanded the case for reconsideration in light of the Second Circuit's decision in Fox v. FCC, which said that Fox could not be fined for airing live utterances of "fleeting expletives." Read the Third Circuit's opinion here.