Third Circuit Court of Appeals Still Unmoved by Janet Jackson's Breasts

Image via WikipediaThe United States Court of Appeals for the Third Circuit yesterday upheld its 2008 ruling that the Federal Communications Commission acted "arbitrarily and capriciously" when it fined CBS Corp. $550,000 for airing the 2004 Super Bowl XXXVIII halftime wardrobe malfunction that caused Justin Timberlake to bare Janet Jackson's breast for an entire nine-sixteenths of a second (see "TUOL" post 9/17/09).

As reported by the Associated Press, the same 3rd Circuit panel that backed CBS in 2008 again found the FCC improperly penalized CBS in CBS Corp. et al v. FCC (Case No. 06-3575) in a majority opinion written by Judge Marjorie Rendell that responded to a Petition for Review of FCC Orders Nos. 06-19 & 06-68. The U.S. Supreme Court in 2010 ordered the appellate court to review its 2008 ruling based on a 2009 case involving Fox Television in which the High Court said the utterance of a single expletive on live TV could warrant an FCC fine.

Still, the 3rd Circuit was unwilling to support the actions of the FCC--much as the bustier of the now 45-year-old Jackson was unable to support her nipple-shielded breast.