The Federal Communications Commission suffered a setback today when the Third Circuit tossed the agency’s imposition of a fine for the baring of Janet Jackson’s breast during the halftime show for Super Bowl XXXVIII on February 1, 2004. The court held that the FCC disregarded its own rules for dealing with fleeting instances of "indecency" over the national airwaves. CBS Corp. v. Federal Comm. Comm’n, No. 06-3575 (3d Cir. July 21, 2008).