CBS appealed the Commission's attempt to fine it for the half-second flash of Janet Jackson's nipple during the live broadcast of the 2004 Super Bowl. This is the second time it has won in a Philadelphia federal courtroom. The first time was in 2008, when a panel of the appellate court ruled that the FCC's indecency policy was arbitrary and capricious, and that it had changed the policy without going through the proper procedure. The FCC appealed, with support from the government, and the Supreme Court sent the CBS case back to Philadelphia for another look. Today, Bloomberg says the court "upheld its previous decision", in favor of CBS.