Appeals Court Rules against FCC in Janet Jackson Super Bowl Breast Flash
Friday, November 04, 2011
The Federal Communications Commission (FCC) has again lost its case against CBS over the airing of Janet Jackson’s infamous “wardrobe malfunction” in 2004 during the Super Bowl halftime show.
The FCC, then headed by Republican Michael K. Powell, levied a $550,000 fine against the network for allowing Jackson’s breast to air on screen for nine-sixteenths of a second when Justin Timberlake tore away a piece of Jackson’s bustier during their performance of “Rock Your Body.” Regulators claimed CBS had violated rules governing indecency.
But the U.S. Court of Appeals in Philadelphia, for a second time, threw out the penalty, ruling that the FCC policy on indecency was arbitrary. The commission did not make public that such “fleeting images” were forbidden until two months after the 2004 Super Bowl. Thus its order against the network reflected a policy change that had not been previously announced, the court majority said.
Although two of the three justices sided with CBS, Judge Anthony Scirica, who was appointed to the court by President Ronald Reagan, wrote a 53-page dissent that supported the FCC. The other two judges, Marjorie Rendell and Julio Fuentes, were appointed by President Bill Clinton.
-Noel Brinkerhoff, David Wallechinsky
CBS Ruling on Janet Jackson’s Super Bowl Exposure Upheld by Appeals Court (by Sophia Pearson, Bloomberg)
3rd Circuit Tosses Hefty Fine for Super Bowl Wardrobe Malfunction (by Reuben Kramer, Courthouse News Service)
Court Knocks Down FCC’s Fine for Janet Jackson’s “Wardrobe Malfunction” (by Cecilia Kang, Washington Post)
- Top Stories
- Unusual News
- Where is the Money Going?
- U.S. and the World
- Appointments and Resignations
- Latest News
- Obama Administration Places People on Terrorist Watch List based on “Reasonable Suspicion”
- Government Sting Gains Health Care Coverage Using Fake Names
- Air Force to Launch Satellites to Spy on other Satellites
- Minor League Baseball Players Sue Major League Baseball over Low Pay
- People Who Live Inland more Likely to Deny Climate Change…and so are People Exposed to Media Owned by Rupert Murdoch