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Review Ordered Of CBS Fine in Janet Jackson Case

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Tuesday, May 5, 2009

The case of the "wardrobe malfunction" lives.

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The Supreme Court told a lower court yesterday to reconsider its ruling that threw out a $550,000 fine against CBS for the split-second television broadcast of singer Janet Jackson's breast during the 2004 Super Bowl halftime show.

The U.S. Court of Appeals for the 3rd Circuit said the Federal Communications Commission had not justified a change in policy that made the network culpable even though it said it had no idea a costume reveal had been planned.

The Supreme Court had set aside the government's appeal of that ruling until it decided another case involving the FCC. Last week, the court ruled 5 to 4 that the FCC may penalize Fox Broadcasting and other networks for even the one-time use of dirty words on the airwaves.

In a one-sentence order yesterday, the court told the appeals court to review its decision in the CBS case in light of FCC v. Fox Television Stations.

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