The U.S. Court of Appeals for the Third Circuit said the U.S. Federal Communications Commission "arbitrarily and capriciously departed from its prior policy" that exempted fleeting broadcast material from actionable indecency violations.
"Moreover, the FCC cannot impose liability on CBS for the acts of Janet Jackson and Justin Timberlake, independent contractors hired for the limited purposes of the Halftime Show..," wrote Chief Judge Anthony Scirica for the three-judge panel that heard the case.
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