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Court Upends Nipplegate

NIPPLEGATE OVERTURNED: A U.S. appeals court has upheld its earlier decision to throw out the FCC’s $550k indecency fine against CBS for the split-second exposure of singer Janet Jackson’s breast, dubbed by singing partner Justin Timberlake as the infamous “wardrobe malfunction,” during the 2004 Super Bowl halftime show. The original fine stunned the entertainment industry, which saw radio stations fire or tone down its most outspoken air personalities, such as Howard Stern and Bubba the Love Sponge. The Philadelphia-based 3rd U.S. Court of Appeals, which took up the case again after the Supreme Court remanded it in 2009, upheld its original decision that the FCC didn't provide broadcasters fair warning about a change in indecency enforcement rules. (11/2p)

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