Last night on the cavalcade of crappiness that is the ESPYs, Justin Timberlake performed a song about the legendary “wardrobe malfunction” during the 2004 Super Bowl. More important, this morning the Third Circuit overturned the $550,000 fine CBS paid the FCC for the incident, ruling that the network could not be held accountable for the actions of “independent contractors” Timberlake and Janet Jackson. The court added, however, that if the FCC wanted to fine ESPN for this lame song, that would be okay.
Nipplegate II: Justin Timberlake mocks Super Bowl ‘wardrobe malfunction’ at ESPYs [Daily Voice]
Court tosses FCC fine of CBS over Janet Jackson [Reuters]
CBS v. FCC Ruling (PDF) [uscourts.gov]