Tags: super | bowl | flash | case

Super Bowl Indecency Case May Go to Supreme Court

Tuesday, 25 Nov 2008 07:15 AM

Share:
  Comment  |
   Contact Us  |
  Print  
|  A   A  
  Copy Shortlink

LOS ANGELES -- The Federal Communications Commission's battle to collect fines from broadcast network CBS over Janet Jackson's infamous "wardrobe malfunction" could be heading to the U.S. Supreme Court.

The FCC last week filed a petition for review with the nation's high court, asking to overturn the 3rd Circuit Court of Appeal's July decision that the commission and chairman Kevin Martin "acted arbitrarily and capriciously" in fining CBS stations $550,000 for airing a brief shot of Jackson's right breast during the 2004 Super Bowl halftime show.

The question presented by the FCC is whether the court of appeals erred in its ruling "in determining that the most widely viewed broadcast of public nudity in television history fell within the federal prohibitions on broadcast indecency."

Jackson's breast flashed for nine-sixteenths of a second during her performance with Justin Timberlake.

In response to the petition, CBS said: "We hope the Supreme Court will recognize there are rare instances, particularly during live programing, when it may not be possible to block unfortunate fleeting material, despite best efforts. Doing so would help to restore the policy of restrained indecency enforcement the FCC followed for decades."

The government, however, asked the Supreme Court to postpone its decision on whether to take up the case until after the Court has ruled on a similar case against Fox stations.

That case involves the question of whether the FCC can fine broadcasters for failing to "bleep" out obscenities. The case centers on expletives used by Cher and Nicole Richie at separate awards shows. Oral arguments in the case already have been made, and a decision by the Supreme Court is expected in the spring.

© Thomson Reuters 2008 All rights reserved

© 2014 Newsmax. All rights reserved.

Share:
  Comment  |
   Contact Us  |
  Print  
  Copy Shortlink
Around the Web
Join the Newsmax Community
Please review Community Guidelines before posting a comment.
>> Register to share your comments with the community.
>> Login if you are already a member.
blog comments powered by Disqus
 
Email:
Country
Zip Code:
Privacy: We never share your email.
 
Hot Topics
Follow Newsmax
Like us
on Facebook
Follow us
on Twitter
Add us
on Google Plus
Around the Web
Top Stories
You May Also Like

Poll Watchers on Both Sides Keeping Close Eye on Voter ID Laws

Saturday, 25 Oct 2014 16:41 PM

Poll watchers for both liberal and conservative groups will be battling over voter ID laws on Election Day, with Democra . . .

Journalist Says Body Was 'At War' With Ebola

Saturday, 25 Oct 2014 15:43 PM

Ashoka Mukpo knew he really was in trouble when he saw the people treating him in full suits and hoods.The American vide . . .

Returning Ebola Health Workers to Get Paid Leave at Hospital

Saturday, 25 Oct 2014 15:14 PM

Employees returning from the West African countries hit hardest by Ebola will get a 21-day paid furlough from New York-P . . .

Most Commented

Newsmax, Moneynews, Newsmax Health, and Independent. American. are registered trademarks of Newsmax Media, Inc. Newsmax TV, and Newsmax World are trademarks of Newsmax Media, Inc.

 
NEWSMAX.COM
America's News Page
©  Newsmax Media, Inc.
All Rights Reserved