According to a report from Bill Mears of CNN the Obama administration has asked the Supreme Court to decide whether record government fines against CBS for Janet Jackson’s “wardrobe malfunction” should be allowed to stand.
You may recall the incident: during the half-time performance at Super Bowl XXXVIII, Justin Timberlake closed his song by singing, “And I’ll have you naked by the end of this song,” then seemingly grabbed a removable piece of Ms. Jackson’s bustier revealing her ringed nipple to scores of millions of views.
Janet Jackson claimed, ludicrously, that this was a wardrobe malfunction.
Anyway, CBS was fined $550,000 by the Federal Communications Commission for the broadcast of Jackson’s naked breast.
CBS has fought the fine saying that the FCC hasn’t applied consistent standards, and had essentially changed their rules after the incident and enforced them retroactively. The 3rd Circuit Court of Appeals agreed with them, sending it all the way to the Supreme Court.
From Mears’ report:
The Justice Department in its appeal over the Janet Jackson incident told the high court there is no “fleeting images exemption from indecency enforcement” and that the singer’s act was “shocking and pandering,” airing “during a prime-time broadcast of a sporting event that was marketed as family entertainment and contained no warning that it would include nudity.”
Who knew that what at the time was the most TiVo’d moment in history would become a Supreme Court case?
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