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FCC to Probe Nipplegate, Again

Says CBS should have used tape delay to prevent incident

By Kevin Spak,  Newser Staff

Posted Sep 16, 2009 11:58 AM CDT
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(Newser) – Five years after the nation saw a split-second of Janet Jackson’s right boob, the FCC is trying to reopen the case, Broadcasting & Cable reports. The FCC is asking the Third Circuit Appeals Court to remand the case back to the agency. The evidence “strongly suggests that CBS had access to video delay technology,” the commission says, and the decision not to use it was “willful.”

The Third Circuit has already thrown out the FCC’s fine against CBS once, calling it “arbitrary and capricious,” and deciding that the evidence CBS had delay technology was “scant.” But the Supreme Court asked the court to look at the decision again, after reaffirming that stations could be fined for one-time incidents. CBS says video delay was in its infancy at the time, but the FCC insists it was “reckless” not to use it.

Janet Jackson, left, covers her breast after her outfit came undone during the half time performance with Justin Timberlake at Super Bowl XXXVIII in Houston.
Janet Jackson, left, covers her breast after her outfit came undone during the half time performance with Justin Timberlake at Super Bowl XXXVIII in Houston.   (AP Photo/David Phillip, File)
Janet Jackson covers her breast after her outfit came undone during a number with Justin Timberlake during the halftime show of Super Bowl XXXVIII in Houston in this Feb. 1, 2004 file photo.
Janet Jackson covers her breast after her outfit came undone during a number with Justin Timberlake during the halftime show of Super Bowl XXXVIII in Houston in this Feb. 1, 2004 file photo.   (AP Photo/Elise Amendola, File)
Justin Timberlake reaches across Janet Jackson during their performance just before he pulled off the covering to her right breast during the half time performance at Super Bowl XXXVIII in Houston.
Justin Timberlake reaches across Janet Jackson during their performance just before he pulled off the covering to her right breast during the half time performance at Super Bowl XXXVIII in Houston.   (AP Photo/David Phillip, File)
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COMMENTS
Showing 3 of 20 comments
sanagalrc
Sep 18, 2009 7:28 AM CDT
There are some good reasons for the FCC to exist, but I agree that censorship is not one of them.
Guest
Sep 17, 2009 4:35 AM CDT
You know what pisses me off. Some asshole in the FCC is earning a salary doing this.
guasu
Sep 16, 2009 6:57 AM CDT
Oh american...prudes. It was only a boob (breast/piece of skin with fatty tissues and other stuff...w/e...BOOB!). I've always think people like to give attention and make things worst when there's really nothing wrong. People and their prude way of shutting their mind is really doing a lot for progress. Thumbs up for being short-minded? FCC shouldn't exist. Issues are not meant to be deal with censors. Censor is evading reality. Don't like reality then adapt or make a change in a way in which you don't have to censor.

 
CBS • FCC • Super Bowl • Janet Jackson • US Court of Appeals • wardrobe malfunction • US Supreme Court • Federal Communications Commission

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