Appeals court throws out CBS fine for Janet Jackson’s nipple
In a rare dose of common sense involving nudity on TV, a federal appeals court threw out the fine levied by the FCC against CBS back in 2004 for Janet Jackson’s Super Bowl ‘wardrobe malfunction.’ In addition to criticizing the fine for being excessively large and reactionary, the court noted that fleeting nudity has historically not been punished, making the ruling unprecedented (Jackson’s breast spent nine-sixteenths of a second on the screen). Here’s an excerpt from the CBC article:
A federal appeals court has overturned the record $550,000 fine for indecency against CBS Corp. for Janet Jackson’s “wardrobe malfunction” at the 2004 Super Bowl.
On Monday, a three-judge panel said the Federal Communications Commission “acted arbitrarily and capriciously” in levying the fine.
The Philadelphia-based court also said the FCC had deviated from its previous standard of excluding fleeting images from fines for indecency.
About 90 million viewers saw a naked female breast for nine-sixteenths of a second during the 2004 Super Bowl half-time show.
Source: http://www.cbc.ca/sports/story/2008/07/21/indecency-fine.html








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