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The Collective
Monday, July 21, 2008
By Dr. Steven Taylor

Or, something like that…

Via Reuters: Court overturns CBS fine over Janet Jackson flash

The U.S. Court of Appeals for the Third Circuit said the Federal Communications Commission had “arbitrarily and capriciously departed from its prior policy” that exempted fleeting broadcast material from actionable indecency violations.

Jackson’s right breast was exposed to almost 90 million TV viewers for a fraction of a second during the live 2004 Super Bowl football halftime show in what fellow pop singer Justin Timberlake later called a “wardrobe malfunction.”

Well. I am so relieved!

But, the real question now is whether said nekkedness will go to SCOTUS?

h/t: Jacob Sullum

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1 Comment

  1. [...] Steven Taylor, whose post on the subject is entitled “Janet Jackson’s Right Breast Ruled Constitutional,” guesses this will be appealed to the Supreme Court. Too bad we don’t Potter Stewart isn’t around any more. [...]

    Pingback by Janet Jackson Fine Overturned — Tuesday, July 22, 2008 @ 6:03 am

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