Nipplegate II: Justin Timberlake mocks Super Bowl 'wardrobe malfunction' at ESPYs; Court clears CBS over incident

Justin Timberlake mocked the Janet Jackson Super Bowl incident from 2004 last night as he hosted the ESPN ESPY Awards show. Timberlake's comment was broadcast just a day before a U.S. Appeals Court threw out the fine against CBS for the "wardrobe malfunction."

During a musical number on stage, Timberlake responded to a mostly black gospel choir that questioned him: "How? How could you do it?" they sang. "Well I didn't think anybody was watching," Timberlake replied. The show was seen by 90 million TV viewers worldwide.

Questioned again, Timberlake replied: "It was a wardrobe malfunction." Then adding, "I wanted to be the only dude at a football game to get to second base?"

ESPY stands for Excellence in Sports Performance Yearly Awards. The show was taped last week and broadcast on ESPN Sunday night.

Meanwhile today, the U.S. Court of Appeals for the Third Circuit overturned a decision fining CBS $550,000 for airing Janet Jackson's brief nipple flash during the Super Bowl XXVIII broadcast.

The court said the Federal Communications Commission "arbitrarily and capriciously departed from its prior policy" exempted fleeting broadcast material from actionable indecency violations, according to a Reuters news service report.

"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.