Six years after Janet Jackson exposed her right breast during the Super Bowl halftime show, a federal appeals court plans to re-examine the FCC fine it already threw out, according to The Hollywood Reporter.
The fine was dismissed in 2008 after the lower Supreme Court decided the FCC acted on impulse in issuing the fine to CBS. On Tuesday, the Third U.S. Circuit Court will reconsider the FCC's $550,000 fine.
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"We are hopeful the Third Circuit will again recognize that the 2004 Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS," the network said in a statement. "This remains an important issue for the entire broadcasting industry because it recognizes that there are rare instances, particularly during live programming, when despite broadcasters' best efforts it may not be possible to block unfortunate fleeting material."