The Federal Communications Commission unanimously rejected CBS’ request to rescind its proposal to fine the network $550,000 for Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show. In its order turning back CBS’ appeal, the FCC said it had correctly applied the nation’s indecency standards to the broadcast in which Jackson’s breast was accidentally bared when singer Justin Timberlake pulled off part of her bustier during the program. “We reject CBS’ contention that the commission misapplied the test for broadcast indecency in the (original order),” the FCC wrote. As defined by the FCC, material is indecent if it “in context, depicts or describes sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for the broadcast medium” . While obscene speech is not protected by the First Amendment, indecent speech is. The federal courts and the FCC have ruled that such speech can be safely aired from 10 p.m.-6 a.m.