Flairbiz News

Janet Jackson Wardrobe Malfunction

Case Back in Court

CBS’s fine was tossed by a lower court last year, which found that the Super Bowl incident was “fleeting” as it lasted a mere 9/16ths of a second. Per the BBC, 90 million viewers were watching the halftime show when Justin Timberlake tore off a piece of Jackson’s bra near the end of his “Rock Your Body”; CBS received 542,000 complaints.

The Supreme Court has asked Philadelphia’s 3rd Circuit Court of Appeals to consider reinstating the fine. CBS said in a statement that they were confident the court would again find in their favor and drop the fine, arguing the network could not have anticipated what ultimately happened onstage between Jackson and Timberlake.

Since 2004’s famous “wardrobe malfunction,” the Super Bowl has stuck to classic rockers unlikely to spontaneously disrobe for its half-time shows, inviting Paul McCartney, the Rolling Stones, Prince, Tom Petty & the Heartbreakers, and most recently Bruce Springsteen and the E Street Band onto its stage.

Supreme Court revives case of Janet Jackson’s televised “wardrobe malfunction”

In a one-line order, the justices set aside a ruling in CBS’ favor from a federal appeals court in Philadelphia. That court had agreed with the network that the Federal Communications Commission (FCC) had made a sudden change in its policy on “indecency” that was unjustified because the display of nudity was brief and inadvertent.

Now, the appeals court will have to reconsider that conclusion, in light of last week’s Supreme Court ruling upholding the FCC’s zero-tolerance policy for the broadcast of “fleeting expletives.”

The Parents Television Council in Los Angeles praised the court for “siding with families.” Its members bombarded the FCC with complaints after the broadcast.

But CBS downplayed the court’s order.

“The Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS,” according to the network.

If nothing else, Monday’s order means the infamous “wardrobe malfunction,” which lasted nine-sixteenths of a second on TV screens, figures to live on in the courts for another year or more.

Last week, the Supreme Court in a 5-4 ruling agreed the FCC could fine broadcasters for airing the “F-word” during prime time, even if it was uttered by a guest on a live program.

The decision overturned a ruling from an appeals court in New York, similar to the court in Philadelphia, which said the agency’s switch in policy was unfair and not justified.

However, the justices did not decide whether these heavy fines violate the network’s constitutional right to free speech. That issue remains to be decided in both cases.