Last summer the Third Circuit U. S. Court of Appeals vacated the FCC's $550,000 fine against CBS for the infamous Janet Jackson wardrobe malfunction during the 2004 Super Bowl halftime show, finding that the FCC had acted arbitrarily and capriciously.
The FCC petitioned for review, and this week, fast in the tracks of last week's "fleeting expletive" ruling, the Supreme Court vacated that judgment and remanded the case back to the Third Circuit for further consideration in light of FCC v. Fox decision.
A $550,000 fine? For this?
You be the judge.