July 21, 2008 1 Comment
Today, the 3rd Circuit Court of Appeals in Philadelphia threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction.”
The three-judge panel, consisting of Chief Judge Anthony J. Scirica, Judge Marjorie O. Rendell and Judge Julio M. Fuentes, of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” and departed from its past policy of more mild censure in issuing the fine for the fleeting image of nudity.
In the past, the FCC has issued fines for indecent broadcast programming only when the broadcast was so “pervasive as to amount to ‘shock treatment’ for the audience.”
Apparantly, the court felt that the nine-sixteenths of one second that Jackson’s bare breast was visible, did not meet this standard.