Supreme Court: Janet Jackson Wardrobe Malfunction Ruling Thrown Out

WASHINGTON — The Supreme Court on Monday ordered a federal appeals court to re-examine its ruling in favor of CBS Corp. in a legal fight over entertainer Janet Jackson's wardrobe malfunction.

The high court on Monday directed the 3rd U.S. Circuit Court of Appeals in Philadelphia to consider reinstating the $550,000 fine that the Federal Communications Commission imposed on CBS over Jackson's breast-baring performance at the 2004 Super Bowl.

The order follows the high court ruling last week that narrowly upheld the FCC's policy threatening fines against even one-time uses of curse words on live television.

In a statement, CBS said the Supreme Court's decision was not a surprise given last week's ruling and expressed confidence the court will again find the incident was not and could not have been anticipated by the network.

Last year, the appeals court threw out the fine against CBS, saying the FCC strayed from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency.

The appellate court said the incident lasted nine-sixteenths of one second and should have been regarded as "fleeting." The FCC previously deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience," the court said.

The FCC appealed to the Supreme Court. The case had been put off while the justices dealt with a challenge led by Fox Television against the FCC's policy on fleeting expletives.

The case is FCC v. CBS Corp., 08-653.

Comments

[Bubba Gump]

Personally, I agree with most people here that the FCC's standard concerning public domain, broadcast TV is a shameful double-standard; that watching violent acts on broadcast TV is permitted, while a naked breast isn't permitted. Where I disagree with most people is that it's OK to allow even a fraction-o­f-a-second of violation of the FCC rules. Broadcast TV is regulated for reasons of family oriented entertainment. Want to see naked boobs? Subscribe to HBO! HBO is not public domain/broadcast TV -- that's your individual, free choice to watch WHAT YOU KNOW they broadcast. But when I watched that Superbowl, I expected the FCC to do it's job since children of all ages were watching. I clearly saw the Janet/Justin "wardrobe malfunction" moment and I was offended and outraged, because children were watching yet their parents did not have free choice in the matter! And I remember how the Super Bowl hype said for days prior to the game, "Watch the Super Bowl half-time show -- you'll see something you've never seen before on broadcast television!" The "wardrobe malfunction" was premeditated, pure and simple! Perhaps CBS was not aware of the plan but they were responsible, just like in my younger days, I didn't know my dad's license plates were expired -- but the police officer gave me the ticket, anyway. So pay the fine, CBS! And I think CBS has spent way more money in lawyers' fees than if they'd just paid the fine, up-front!

[JFD8]

OMG do we still have a stink
Over Janet & Mr NSYNC
And the fines they imposed
4 a nipple exposed
4 as long as it takes u 2 blink?

News Short & Sweet by JFD8
http://twitter.com//JFD8)

[neumann]

Torture = Okay

1/4 of a second of a single body part possessed by 52% of the world = $500,000 fine

Partisan decision in Bush v Gore = 8 lost years, 2 debiliatating wars, $3,000,000,000,000, 4,000 US lives, 500,000 Iraqis and Afghans and a depression

Completely insane priorities = Priceless

[Rondo]

the supremes are unapologetic flashers of cultural ignorance

[davism97]

All of this over a breast. If CBS had just shown some violence instead they wouldn't have to pay a fine.

[WhatDaBleep]

Disgraceful - that SEX is Bad and Murder is GOOD!

That's Republican ideology for you.

[Malkin71]

Let's be real here. The only reason this was ever a HUGE news story and the only reason we are still talking about it is because it was interracial. Period.

Beyond that, just some FYI, in 2005 after this happened Congress voted to increase the fines for broadcast indecency to almost $500,000 per violation.

In 2005, it was a $5,000 fine if a company got caught dumping nuclear waste into the ocean.

Read what I just wrote again and understand just how destructive and warping conservative thinking truly is....

[Imrightyourewrong]

I think that's putting way too much thought into this. It's as simple as: Guns good. Boobs bad. One takes life, one gives it...figur­e THAT one out all you "pro-lifer­s."

[deluk]

As a Brit I can only say that your puritan roots are showing. I've met Yanks who've been genuinely shocked when they've turned on the tv in the UK., and what the xxxx are fleeting expletives anyway? Time to leave the Mayflower chaps,

[Omphaloskeptic]

Someone should tell Americans that a breast isn't even a sex organ. They're designed to feed children and signal a woman's fertility, people -- get over it.

[instagladiator]

Oh heaven forbid! You'll burst their bubble for sure. It MUST be THAT important to them, beings it made its way into their Supreme Court? Figure that one out.

[Fudgefase]

He'd have had to yank a whole lot harder to get past my full-bodied underwired lift-and-separate number. It's likely he'd have had to use his foot to get purchase even!
Malfunction? I think not - but who the heck cares?

[ywcachieve]

WTF..This happened over 5 years ago. Why are they still talking about it.

[Tanker10a]

Yeah! Imagine that!

[StillAmused]

The Supremes won't tolerate a split second of subliminal sexuality but were glad to serve up eight years of outright obscenity.

[lysistrata]

Funny, there are no limits on violence on TV. Could it be that a society suppressing sex is more violent because of it?

[Fudgefase]

It's not even sex - it's nudity. All these actors and actresses spend hours to look fabulous, buy in body doubles and then we don't even get to look? Personally I'd rather see a quick flash of b00b than people being gunned down, sliced in half, decapitated or the myriad of other horrors that are served up on prime time tv.

[ltyr2002]

What a pathetic publicity stunt. "Wardrobe malfunctio­n"...

Looking at her popularity, I don't think it did Janet any good anyway.
Good riddance!

[ywcachieve]

Please move on, that happened over 5 years ago.

And why are you only picking on Janet. JUSTIN WAS INVOLVED TOO.

[Malkin71]

We are SUCH children in this country...­.

From the look on her face, you could see it wasn't PLANNED...­.

Grow up, it's a nipple. Seriously. You are embarrassing all of us.

[vollady]

Of course it was planned. You're being very naive to believe it wasn't. I really don't give a flip about Janet's boob but she and Justin should have thought this one out a little more. They went for the 'artsy shock value' and it back-fired.

[lysistrata]

It lasted nine-sixteenth of a second. It went all the way to the SC, we must be the laughing stock of the world.

[Garioch]

We're actually all waiting to see if that nipple does lead to the total collapse of the U.S. as an economy and world power... it was the reason for the current economic crisis wasn't it?

[Mykel]

More evidence that the Right is infested with woman-hating, latent homosexuals.

They should be out, like me, and enjoy all the man-love they can git!

hyuck, hyuck hyuck!

[weatherwaxx]

If we can survive looking at a boob like Scalia, a quick flash of Jackson's appurtenance isn't likely to hurt us.