8 years later and it’s still hot news. This summer
session, the Supreme Court, finally, officially,
put the CBS Super Bowl “wardrobe malfunction” matter to rest. It let stand a
3rd Circuit Court of Appeals ruling that, in 2008, threw out the FCC’s $550,000 fine against CBS
for its 2004 broadcast of a fleeting view of singer Janet Jackson’s breast.
That 2008 Appellate Ruling deemed the FCC’s fine
for the network’s unplanned glimpse to be "arbitrary and capricious,"
an unexplained departure from what the Appellate Court described as a 30-year FCC
policy of exempting “fleeting” moments of indecency from the scope of the
indecency broadcast ban [18 U.S.C. § 1464, prohibits
the broadcasting of “any obscene, indecent, or profane language”]. Read the rest of my post here
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