May 4, 2009
Posted: May 4th, 2009 04:27 PM ET

From
The Supreme Court has ordered a Pennsylvania federal appeals court to take another look at the case between CBS and the FCC.
The Supreme Court has ordered a Pennsylvania federal appeals court to take another look at the case between CBS and the FCC.

WASHINGTON (CNN) – The case of Janet Jackson's "wardrobe malfunction" on national television - and subsequent fines against CBS - will be re-examined at the order of the Supreme Court.

The justices' Monday sent the case back to a federal appeals court in Philadelphia that had thrown out a $550,000 government fine against the broadcast network and its affiliates for airing the incident during halftime of the 2004 Super Bowl. The pop singer's breast was briefly exposed during a performance with singer Justin Timberlake.

After viewer complaints and national media attention, the Federal Communications Commission said the Jackson incident was obscene. In addition to CBS Inc., 20 of its affiliates also were fined.

Congress quickly reacted at the time to the visual shocker by increasing the limit on indecency fines tenfold, up to $325,000 per violation per network. And it said each local affiliate that aired such incidents also could be punished by the same amount.

But the federal appeals court concluded the communications commission had acted "arbitrarily and capriciously."

The Supreme Court's action marks the second time in recent days that it has dealt with cases involving broadcast standards. Last week, the justices narrowly upheld the authority of the Federal Communications Commission to punish networks for airing profanity.

The government clampdown on obscene images and words began in 2003. Enforcement of the law, as well as fines and sanctions for the incidents, have been put on hold while the cases are being argued.

The television networks say their scripted shows no longer air nudity, racy images or expletives, even after 10 p.m., when some potentially vulgar words are permitted.

They worry, however, about unplanned, often spontaneous indecent or profane incident at live events, such as awards shows and sporting events.

Company officials say such programs are often on a five-second delay, and censors are on hand to bleep any offensive language. But some indecent words can slip through, they admit, and they want to be protected from heavy government fines.

Critics call that laughable. "This past summer, CBS edited into a show that had to go through multiple reviews, by multiple people in the organization, the F-word," said Tim Winter, who heads the Parents Television Council, and is supporting the Federal Communications Commission's efforts. His group advocates "responsible" programming, and warns parents about questionable program content. The show in question was "Big Brother 10," a taped series.

The Jackson incident was not on a five-second delay.

In the case involving profane language, the high court concluded 5-4 that the communications commission has the authority to sanction broadcast TV networks that air isolated incidents of profanity, known as "fleeting expletives."

But the justices in that case refused to decide whether the commission's policy violates the First Amendment guarantee of free speech. It ruled only on their enforcement power. The justices ordered the free-speech aspect to be reviewed again by a federal appeals court.

The "wardrobe malfunction" case is FCC v. CBS Corp. (08-653).

Filed under: Popular Posts • Supreme Court


namless   May 4th, 2009 4:44 pm ET

If they can show brest on cable tv why not
I've see all the time on tv.

Trial Sponsors   May 4th, 2009 12:50 pm ET

And for the Janet Jackson retrial, Court TV will bring it live, sponsored by the following upstanding US companies – all FCC approved:

Viagra for when you must get up for the challenge.

KY Peformance lubricant for Him and Her to really heat up that moment.

Natural Male Enhancement for the gift that keeps on giving.

The National Gay and Lesbian Alliance in favor of gay marriage.

Welcome to America. It is no wonder Europe and the rest of the world does not understand us.

Angela   May 4th, 2009 12:48 pm ET

I still don't understand why Janet Jackson is the only one being blamed.. Justin Timberlake is the one who RIPPED her costume off!!! Timberlake is the true culprit- I wonder why he isn't receiving much heat... maybe b/c this is America...???

Alex   May 4th, 2009 12:48 pm ET

It was a boob, omg, it is the end of world! what are we going to do now?!!!!???!!!

.... get over it, there are more important things in life.

Jackson trial for the boobs   May 4th, 2009 12:45 pm ET

Reexamine the evidence? By all means, lets have Janet whip out that 36 c againand let's all have a second look.

Has this country nothing better to do? The FCC is obvioulsy made up of a bunch of boobs.

Maggie   May 4th, 2009 12:43 pm ET

Oh good grief. If a 'wardrobe malfunction' is such an obscenity, then what about commercials for erectile dysfunction and KY? Sorry, those are MUCH more 'obscene' than a wardrobe malfunction where nobody saw anything in the first place.

The entire furor over the malfunction was stupid, juvenile and ridiculous. Why haven't they gone after the commercials who are openly discussing ED? Do we really want our children to ask what ED is? After all, that is something very obscene to have on television... imagine - we might actually have to 'talk' to our children about sexual issues!

JDFrakes   May 4th, 2009 12:41 pm ET

Come on folks, use your heads. This was a spontaneous act committed by two people live. Punishing the networks and affiliates exacts a pound of flesh from everyone except the people who actually committed the crime.

Meg   May 4th, 2009 12:38 pm ET

Its a waste of money honestly.. that money can be used on different stuff that are actually more important

Terry, Cape Coral, Florida   May 4th, 2009 12:38 pm ET

Knee jerk reactions always rise to the level of stupidity in the end and generally speaking, the most stupid people in the world reside in the United States Congress, no matter what there party affiliation is....

william,oregon   May 4th, 2009 12:36 pm ET

If the FCC will not do anything about Hate talk shows. CBS should be off the hook.

Dutch/Bad Newz, VA   May 4th, 2009 12:36 pm ET

I don't understand why this is an issue 5 years after the fact.

MN Bluess   May 4th, 2009 12:36 pm ET

sexy commercials pop up while the kids are watching, or movie pre-views of a man being possessed tattooed by a demon, scary whispers in the background. Gesh.....I rather you just show them a quick accidental view of a breast.

so many law-suits (thats where the greed comes in) that lead to new laws and more laws–pretty soon you can't breath in public without being fined

tom   May 4th, 2009 12:35 pm ET

no big matter on the recesssion,swine flu,warring with other countries and real criminals but god forbid a breast being exposed on t.v and offend anyone.all those old dinosaurs in congress hurry up and die already and get younger people who got more sense than waste time and money on this non issue.

Bob H.   May 4th, 2009 12:34 pm ET

Ah! The unbelievable power of the African-American breast makes Superman look helpless in comparison.

David Nitzsche-Bell   May 4th, 2009 12:26 pm ET

Forget "justice" and "time" and "money"

When are we Americans going to stop being so prissy? We claim that we are so accepting, so open, so laid back, etc. and yet, we spend more time worrying about stuff like this.

Ok, so some breast was shown. So what?!

Come on, Americans, let's grow up a bit and relax. It's not a big deal. Seriously. No, really, it's not.

Sheesh

jim rice   May 4th, 2009 12:26 pm ET

Families are ruining this country.

Especially the stay-at-home house moms who support dumb crap like this.

al   May 4th, 2009 12:25 pm ET

This country was founded by the Puritans....too bad they never left.

When are we going to get over these stupid provincial 17th century thoughts and attitudes about the human body?

Jim   May 4th, 2009 12:24 pm ET

I never was much for the Super Bowl. I was flicking through the channels and came across it right at the beginning of the half time show. I thought to myself "these half time shows are always lame", and just kept going the the channels. Wrong choice that year.

Garry   May 4th, 2009 12:23 pm ET

Total waste of time..as far as "indecency"..please, give me a break..I have seen a lot worse watching Entertainment Tonight!
IE: LiL Kim weraing apstie over her breast during an awards ceremony!
Please...and folks so called "offended" by it need to grow up!

Oh Great!   May 4th, 2009 12:23 pm ET

If you think this is about a woman "seeking attention" or a waste of time because $500K is "chump change," you obviously don't understand this case at all. $500K may be peanuts to a major network, but to their LOCAL AFFILIATES, being fined $500K can put a TV station out of business. It's not the affiliates' fault. They air what the network sends them over the satellite. Yet they can be held responsible for actions that they don't know are coming. That, IMO, is not fair to them.

That, on top of the fact that this whole thing is stupid. Her boob was on TV for a second. Big deal. It's a boob, people. You all have them.

You are right, Ted. Our society is screwed up. We're a nation run by old folks who are so out of touch with reality and listen to the cries of a few whiners. We tolerate violence, and lots of it, on our TV screens, but heaven forbid a boob or a butt is shown. It's okay for TV networks to show people getting shot and blown up and tell sexually suggestive jokes, but if a boob is shown lets all freak out like the Swine Flu hysteria. It's sad.

shoegazer   May 4th, 2009 12:23 pm ET

It was all Timberlakes' fault.........

Brandon   May 4th, 2009 12:18 pm ET

Why are we so prudish in this country? Get real.

No More Incumbents   May 4th, 2009 12:17 pm ET

Nice to see what the real pressing issues are in the US.

Jeff W.   May 4th, 2009 12:16 pm ET

I'm so sick of the faux outrage over this incident. To believe that people were so "offended" that it would require changing all sorts of indecency laws is beyond ridiculous and another example of how the Republicans chose to focus on the wrong issues over the past 8 years. No wonder the rest of the world laughs at us.

Tom from Roch., NY   May 4th, 2009 12:16 pm ET

There's freedom of speach and then there's greedy. Janet Jackson should be fined, not the CBS. She knew exactly what she was doing. It was her non-wardrobe malfunction, not the TV stations.

Here a new idea, how about punishing the people who do the crime, not the innocent by-standers.

Canuck   May 4th, 2009 12:15 pm ET

Bizarre, the US that embraces the right to bear arms, and you can see any act of violence on TV, and, I mean the NFL? Guys are being busted for drug use, beating spouses, and once in a while we can witness a player literally being crippled live on TV...and people cheering the hit, now thats obscene, not a woman's breast.

Anonymous   May 4th, 2009 12:15 pm ET

Showing a breast by accident is obscene? Get a grip. They should instead focus on all the violence that's shown on primetime tv.

Mississippi Mike   May 4th, 2009 12:12 pm ET

This is so stupid. It's not like her outfit was covering up anything anyway. It happened, people have moved on. No one was hurt.

Melissa   May 4th, 2009 12:11 pm ET

Oh for gods sakes, get over it. It was just a breast. Stop being such prudes.

joe smith   May 4th, 2009 12:08 pm ET

well, we all know who owns the media, doesn't surprise anyone to learn that it would be construed as arbitrary or capricious, thus allowing the station to avoid the penalties they rightfully deserve to get..free expression comes with certain over-riding responsibilities..but the media, and their owners, always want to push the envelope, and then cry freedom of expression has been compromised, when the majority objects..

WOW!!!!   May 4th, 2009 12:08 pm ET

Are you telling me the government has nothing better to do with our money and their time. What in the world are the there for???!!!!!

Richard A. Spomer, Alexandria, VA   May 4th, 2009 12:04 pm ET

The United States Department of Vocational Rehabilitation Services has acted Arbitrarily & Capriciously as to services not being provided which according to section 503 of the Vocational Rehabilitation Act of 1973.

Don't judge unless thou art ready to be judged.

Expat American   May 4th, 2009 12:02 pm ET

Pretty stupid. Simply an American woman seeking attention. The Supreme Court needs to waste time over this? Why not open a case on every single starved for attention, drama queen STD carrier who appears on those ‘Girls Gone Wild’ videos?

Jeff   May 4th, 2009 12:02 pm ET

The time and money for this issue is beyond stupid. I think the whole thing is just greedy lawyers wanting to get paid. To anyone offended by this brief "indecency" stay away from me and my family. You are scary.

Ted   May 4th, 2009 11:58 am ET

total miscarriage of justice. Holy Crap – a breast was exposed. We are such a screwed up society. Maybe Janet Jackson should have to wear a birka the rest of her life.

We have so many other crucial things going on and they are going to continue to go wacko over something – admittedly shouldn't have happened – that should have died.

Royster   May 4th, 2009 11:55 am ET

WHAT A WASTE of time and money.......500,000 is chump change to the networks. Perhaps this lawsuit might be the best thing for Janet's career....since we have heard little from her since seeing her.....well...er...LIVE!

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