Janet Jackson's "Wardrobe Malfunction" Case Headed To Supreme Court

Calling a lower court's decision flawed, The FCC has asked the Supreme Court to overturn the Janet Jackson Super Bowl halftime show decision.

The Third Circuit Court of Appeals in July threw out the FCC's $550,000 fine against CBS stations for the broadcast as arbitrary and capricious.

Apparently buoyed by the oral arguments in the Fox profanity appeal in the High Court earlier this month, the FCC, backed by the Department of Justice, filed a petition for a write of certiorari Wednesday, according to Andrew Schwartzman, president of Media Access Project, who received a copy of the petition.

But they also asked the court to hold the petition in abeyance until after it decides the Fox case.

Read the whole story here.

Comments

[SezU]

This is a waste of tax payer money. We need to grow up already.

We, as Americans, like to paint this prudish picture to the world when in fact we are the biggest sexual freaks.

Most of the world's porn is made here, in the states. We have religions that think it's OK to have sex with little girls. To the point that they have to marry men that are decades older than them.

We need to get over our supposed morality because we have shown our true colors and we look like hypocrites.

[jadeba]

What are they going to do about Joe S dropping the "F bomb" on his show? Hmmmm......

[xxnounxx]

OOOOOOOOOH MY GOD
WHAT IS HAPPENING IN AMERICA THE BIGGEST PORN INDUSTRY,,AND PEOPLE WASTE COURT TIME AND MONEY FOR AN ACCIDENT THAT HAPPENED UN-INTENTIONALLY.

WHAT A MATERIALISTIC COUNTRY,THEY THRIVE OU SUING EACH OTHER.

[leftbehind2000]

An accident? Yeah, it looked like an accident... :rolleyes:

I guess Janet Jackson always wears pasties that match her stage outfits. Both Jackson and Timberdouche knew what they were doing - resurrecting JJ's career...

While this should be a non-issue, if anyone is to blame, it sure as hell isn't CBS. I guess I just don't understand why the FCC has their teeth so deeply into this one. What was the harm really?

[pcplz]

IT WAS A NIPPLE .....GET OVER IT!!

For those families that are so concerned about their children seeing a nipple......try getting rid of the violent games and shocker, thriller, blood movies that have numbed our children from seeing actual gore.

It was a nipple....everyone....including evangelicals, have them. There are far more important things that our Supreme Court needs to be paying attention to than a nipple!!!

[research]

I suppose the same folks are against public breast feeding too.

[Bubba Gump]

OK. I guess I'll take the GOP side on this one. What we are forgetting is that there were KIDS watching a Superbowl, a family event. We don't expect nudity in that context. If a family with kids watches HBO, they are accepting the risk. My brother and I (both adults in 2004) watched it live and clearly saw Janet's boob. We weren't traumatised but we were not happy about it, either, because of the kids who were watching. If this slides, where do we go from here? There has to be a clear line in the sand so people know not to go there. This time, I have to side with the conservatives on behalf of our children...CBS, pay the fine and take your lumps.

[Jamesdean]

Bubba-Gump, firstly, there was no nudity, it was just a nipple. secondly, even if there was nudity, what is so offensive about it?

Let's assume that american channels do show a woman or a man naked and children are watching, would the children get corrupted, harmed or loose their innocence? trust me nothing of that sort would happen.

the more you - the parents - make a big deal the more curious they would get.

although personally i dont have any problem even if they show hardcore movies on network stations but i know that would be too much for most people, so i would just say that lets not get all worked up over a nipple.

p.s. in many european countries they show hardcore movies on main channels at night and believe me their kids are as well-balanced, if not better, as american kids.

[Bubba Gump]

Offense, like beauty, is in the eye of the beholder. But this isn't Europe so their values aren't relevant, any more than American values should be forced upon other countries. (Note to Bush.) Tell that to the thousands of angry parents (many with 8-16 year olds) who immediately called in and choked the phone lines at CBS. In my opinion, the issue isn't nudity so much as it is parents' rights to protect their children. A parent has a right to expect a level of standards on the broadcast networks that is different than other channels. If that is to change, then change the rules at FCC. Until then, pay the fine.

[xxnounxx]

i am sure bubba-grump you and your brothers face was stuck like glue to nipples whe infants
what wold you call nudist beaches in europe.
oh dear get a life

[Bubba Gump]

If you want to visit a nude beach in Europe, it's your right. I have no problem with you exercising your personal freedom. I'm not seeking to force you to give up your rights. But likewise, what's wrong with respecting my rights and family values? If American parents don't want their children to see nudity on American broadcast TV, it's our right and FCC regulated.

[fdavidm]

How typical: the FCC is going to waste its time and our taxpayer dollars on pursuing a case against Janet Jackson's fake boob. All this while GM and the rest of the US automobile industry goes under.

[KarlaElisa]

How effing typical.

An accidental boob flash gets more legal attention in a witch hunt quest than a WAR CRIMINAL still in office does.

[littlepuffycloud]

Unbelievable..a couple of seconds of no nip boob and they won't let go, yet every week there's pure filth on tv everywhere. Have any of these fcc morons seen Two and half Men?!

[Quotidien]

The Feds are spending millions to collect $550k for Janet's boob flash.
The most expensive peep show in American History.

[DanniD]

The FCC is a joke and an unfunny one at that!

They're all fired up over Janet's semi-covered b@@b that no one really saw until it was replayed a half-billion times on the news! Yet, Rush Limbaugh and Sean Hannity and their ilk, get on the radio every day saying the most vile, hateful, hate-filled things, directed at other Americans, I have ever heard and the FCC doesn't bat an eye!

Only in America! Tsk, tsk, tsk!!!!

[Jamesdean]

Americans never cease to surprise me, never. you guys do so many astounding and amazing and really praiseworthy things and then you go crazy over this.
by the way, of all the things, the justice department has time and money for this.?

[research]

Shouldn't they be checking into Murdoch owning everything and Fox noise shilling for the GOP?

Silly me.

[DangitRuss]

Why are we still talking about this|?

[shockmagog]

I am so embarrassed for the "citizens" who complained about the original non-incident, and by extension, for the United States in general. What a non-issue and a non-story. I hope everybody's happy now. What a bunch of i.d.i.o.t.s.

Case in point:

"When families are watching a Sunday night football game, they shouldn't have to brace themselves for a televised strip tease," Senate Majority Leader Bill Frist (R-Tenn.) said in a floor statement yesterday, referring to the 2004 Super Bowl. Frist championed the new bill.
http://www.washingtonpost.com/wp-dyn/content/article/2006/05/19/AR2006051901611.html

This is but an example of the abject idiocy we heard from the Republican Senate in the Spring of 2006, which heralded the ridiculous increase in the "indecency" fines for over-the-air broadcasters.

The right wing power elite needs to whip up their gullible minions into a orgiastic moral fervor in order to make sure they are thoroughly distracted from noticing things that really matter to them.

The time for these self-righteous chri.st.o-fas.cis.t wingnuts to be gone is NOW. Starting with that "Inquisition" they call a Supreme Court.

[DCdweller]

Not all Americans feel this way and saying we do is just idiotic.

[ReelBusy]

People still love this story.
I have a video with over 11K hits on youtube about it and it just keeps geeting more views every week.

SUPER BOWL 38 - PRICELESS (2004)
http://www.youtube.com/watch?v=csCIrlQ7oIo