Jackson's Super Bowl mishap reconsidered

Federal appeals court to re-examine FCC fine against CBS
By Associated Press
Feb 23, 2010


PHILADELPHIA -- A federal appeals court will re-examine the FCC fine it threw out against CBS over Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show.

The 3rd U.S. Circuit Court of Appeals in Philadelphia on Tuesday will consider whether the FCC's $550,000 fine for the broadcaster over the breast-baring performance is permissible.



The U.S. Supreme Court last year directed the lower court to consider reinstating the fine, following a ruling in another case that said the FCC could threaten fines even for fleeting profanity.

The lower court threw out the fine in 2008, saying the FCC acted arbitrarily and capriciously in issuing the fine for the half-second of nudity.

http://www.hollywoodreporter.com/hr/content_display/news/e3ib50641aa28f3a460e61be27df507bb0b

*SIGH* Don't they have anything better to do these days?

*SIGH* Don't they have anything better to do these days?

Yeah, really. What a friggen waste of time.

Yeah, it seems like a waste...

but since it is going on I hope they overrule the FCC here.

Yeah, really. What a friggen waste of time.
Every time you think this story is over, it just won't go away. It's been over 6 years, people - let sleeping dogs lie! :mad:

That whole thing looked rigged to me; like it wasn't exactly an accident. It gets my vote for the most overrated storyline (and over-ly mediated) storyline of all time!

[QUOTE=HuntingtonM15]Yeah, really. What a friggen waste of time.[/QUOTEand taxpayers money

sorry i messed up your post

OMG, just let it go already!!!

OMG, just let it go already!!!
My sentiments exactly!! :nod:

Put Janet Jackson under oath, and if that doesn't work, torture her until she confesses her sins.

Get over it. It's a footnote in history.

HURRAY FOR BOOBIES!!!!!!!!!!!!!!!!!!!!!!

FCC, CBS Continue To Battle Over Janet Jackson Reveal


Third Circuit Court of Appeals reviewing its earlier decision on FCC's fine of CBS
By John Eggerton -- Broadcasting & Cable
12/27/2010



The FCC, backed by the Justice Department, says that broadcasters give up full First Amendment status when they get a government license, and so should be subject to government regulation of swearing and nudity when kids could be watching.

That was the gist of the FCC's supplemental brief to the Third Circuit Court of Appeals, which is reviewing its earlier decision that the FCC's $550,000 fine of CBS for Janet Jackson's partially exposed breast on the 2004 Super Bowl halftime show broadcast was arbitrary and capricious.






The Third Circuit had sought input on whether, if CBS was found to have knowledge of the "reveal," the FCC should be applying the criminal or civil recklessness standard.

The FCC argues it should be the latter, which would mean CBS could be culpable even if it was not aware of what Jackson and Justin Timberlake were going to do, so long as it should have been aware.

The criminal recklessness standard applies only if CBS had been aware of the risk and chose to disregard it.








CBS argued that the First Amendment implications of content regulations on speech requires a heightened scrutiny comparable to the criminal liability standard, but the FCC said no.

"Although broadcasters engage in speech, they are not like other speakers. A broadcast licensee is ‘granted the free and exclusive use of a limited and valuable part of the public domain,' in exchange for which it agrees to be ‘burdened by enforceable public obligations,' including the obligation not to broadcast indecent material," the commission said, quoting language from previous court decisions.





As a fallback, the FCC said that if the court did not agree with its interpretation, it should remand the decision back to the commission. It has already asked the court to do so, saying it wanted to do more investigating to establish that CBS's violation was willful.

"CBS neither knew of nor approved the broadcast involving the material at issue. Consequently, the Court should vacate the forfeiture," CBS said in its filing last week. But it argued that the FCC's fine must be thrown out whether or not the standard is criminal or civil recklessness.







CBS wants the court to vacate the fine, but if it does not, it says the court should consider the Constitutional questions. "The Court should thus address the First Amendment issues raised by the forfeiture, particularly in light of the FCC's zeal to prolong its investigation on remand," said CBS.

The Supreme Court is expected to eventually have to weigh in on the FCC's indecency enforcement regime, given its decision to overturn a lower court's ruling, in the Fox case, that the FCC's fleeting profanity enforcement was arbitrary and capricious.

The court then remanded the Third Circuit's similar finding against the FCC's indecency fine of CBS for fleeting nudity.




It is that court's review that occasioned the request for more info on the standard of recklessness.

http://www.broadcastingcable.com/article/461513-FCC_CBS_Continue_To_Battle_Over_Janet_Jackson_Reveal.php

What the hell are they going to do next?

Have Donald Duck wear pants?
Call "The Dick van Dyke Show" "The Bleep van Bleep Show"?
Show ALL the performers from the waist-up?
Make Tom and Jerry be friends, like have alternate endings to their older cartoons?
Show the Test Pattern every time there's a fight on Jerry Springer?
When someone farts on TV, it's going to be a Steve Wright Joke?

Court: CBS, Janet Jackson Were Wrongly Fined for Super Bowl Wardrobe Malfunction
Nov 2, 2011
by Lindsay Silberman


A federal appeals court has upheld a 2008 ruling that the Federal Communications Commission wrongly fined CBS for Janet Jackson's infamous "wardrobe malfunction" during the 2004 Super Bowl halftime show, according to Bloomberg.

Jackson and CBS were fined $550,000 after Jackson's breast appeared on live television for 9/16 of a second.



However, in July 2008, the U.S. Court of Appeals in Philadelphia ruled that the FCC's policy of defining indecency was "arbitrary and capricious."

In the new ruling on Wednesday, the court held that the FCC had not properly informed CBS about the changes in indecency enforcement and voided the fine.





"While we are disappointed by the court of appeal's decision, we note that the court overturned the FCC's 2006 forfeiture order on narrow procedural grounds," Neil Grace, a spokesman for the U.S. Federal Communications Commission said in an statement.

"In the meantime, the FCC will continue to use all of the authority at its disposal to ensure that the nation's broadcasters fulfill the public interest responsibilities that accompany their use of the public airwaves."

http://www.tvguide.com/News/Court-CBS-Janet-Super-Bowl-Fine-1039247.aspx

OK, people, can we move on now? :rolleyes:

HURRAY FOR BOOBIES!!!!!!!!!!!!!!!!!!!!!!


Love those blue feet! :lol: