U.S. Supreme Court, May 4, 2009

The U.S. Supreme Court vacated the decision by the U.S. Court of Appeals for the Third Circuit in this case involving Janet Jackson’s “wardrobe malfunction” in the CBS broadcast of the 2004 Super Bowl. The Third Circuit had set aside a $550,000 fine imposed by the FCC against CBS. The Supreme Court remanded the decision back to the Third Circuit for “further consideration in light of FCC v. Fox Television Stations, Inc.,” last week’s Supreme Court decision involving fleeting utterances of profanity during Billboard Music Awards shows. (We summarized the Supreme Court’s decision in FCC v. Fox Television Stations, Inc. last week.)