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Janet Jackson ‘Flap’: Everybody Lost

Gene Policinskil Commentary
Inside the First Amendment

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By Gene Policinski
First Amendment Center

The “flap over the flap” has proven to be a flub, at least in the opinion of a federal appeals court reviewing the FCC’s $550,000 fine of CBS as a result of Janet Jackson’s famed “wardrobe malfunction” during the 2004 Super Bowl halftime show.

A three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled July 21that the FCC’s action in punishing…

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