René Upshaw ... In the latest court battle over the steamy 2004 - TopicsExpress

René Upshaw ... In the latest court battle over the steamy 2004 Super Bowl halftime show, a federal appeals court ruled that CBS should not be fined $550,000 for Janet Jacksons infamous wardrobe malfunction. The 3rd Circuit Court of Appeals held its ground even after the U.S. Supreme Court ordered a review in light of the high courts ruling in a related Fox television case. In that case, it said the Federal Communications Commission could threaten fines over the use of even a single curse word uttered on live TV. But Circuit Judge Marjorie Rendell said the Fox case only fortifies our opinion that the FCC was wrong to fine CBS over the halftime show. The three-judge panel reviewed three decades of FCC rulings and concluded the agency was changing its policy, without warning, by fining CBS for fleeting nudity. An agency may not apply a policy to penalize conduct that occurred before the policy was announced, Rendell wrote. youtube/watch?v=npF1lkKEM9o huffingtonpost/2011/11/02/cbs-janet-jackson-super-bowl-fine-appeals-court_n_1071704.html

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