CBS-Janet Jackson fine thrown out

PHILADELPHIA, July 21 (UPI) -- A U.S. appeals court Monday threw out a fine against CBS for Janet Jackson's live nipple flash during half-time at the 2004 Super Bowl in Houston.

The $550,000 fine was imposed was imposed by the Federal Communications Commission, which itself was under pressure from Congress to clean up broadcasting.

The Philadelphia-based court ruled that the FCC fine was arbitrary and flew in the face of longstanding policy -- specifically, that brief nudity was not indecent, Broadcasting & Cable reported. The court also said broadcasters could not be held liable for on-air actions they could not see coming.

The FCC had argued that CBS-owned stations also could be held liable because Jackson and nipple barer Justin Timberlake were in effect CBS employees when the shenanigan occurred. The commission said CBS therefore could be held vicariously liable for the conduct, the report said.