The case of Janet Jackson’s exposed breast is back before...
The case of Janet Jackson’s exposed breast is back before the Supreme Court. The FCC asked the high court to review a 3rd U.S. Circuit Court of Appeals decision that threw out the $550,000 fine against CBS over the 2004…
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Super Bowl halftime show that led to the term “wardrobe malfunction” entering the popular lexicon. The 3rd Circuit rejected the FCC’s rationale for fining CBS after the Supreme Court remanded an earlier decision that went against the commission on procedural grounds (CD Nov 3 p3). In its petition for a writ of certiorari (http://xrl.us/bm4d5r), attorneys for the FCC and U.S. solicitor general asked the high court to wait to rule until it rules on a separate indecency case involving the commission’s fleeting-expletive policy. Oral argument in that case, known as Fox II, was held earlier this year (CD Jan 11 p1). “In resolving the parties’ dispute concerning the adequacy of the notice given to the regulated parties, the Court in Fox II may analyze the history of the Commission’s indecency enforcement in the contexts of both expletives and images,” the petition said. “In particular the Court may consider the guidance available to ABC at the time it broadcast the nude images of the NYPD Blue episode” that prompted consumer complaints, it said. The court’s analysis of the fair-notice claims in that case could bear directly on whether the 3rd Circuit’s opinion was correct, the petition said.