'Wardrobe Malfunction' Busts Into Court

FCC wants its $550,000 fine against CBS reinstated

(NEWSER) - The infamous 2004 Super Bowl wardrobe malfunction may make it all the way to the Supreme Court. The FCC filed an appeal to the high court today, asking it to reconsider a decision by a lower court that threw out a $550,000 fine the FCC levied against CBS, reports Broadcasting & Cable . In the petition, the FCC denies that its penalty was "arbitrary and capricious." More»

(NEWSER) - The Supreme Court today ordered a federal appeals court to consider reinstating a fine against CBS for Janet Jackson’s Super Bowl wardrobe malfunction, the AP reports. The appeals court had ruled that the glimpse of Jackson’s breast, which lasted nine-sixteenths of a second, should have been considered “fleeting,” and hence not eligible for a fine. More»

Federal panel says FCC acted capriciously with $550K penalty

(NEWSER) - A federal appeals court today threw out the FCC $550,000 fine against CBS for Janet Jackson’s infamous 2004 “wardrobe malfunction.” The decency watchdogs were found to have acted arbitrarily in changing their policy of not punishing fleeting nudity, Broadcasting & Cable reports. The court separately said the network couldn’t be held "vicariously liable" for the halftime breast-baring—that is, liable for something it didn't plan and could not foresee. More»

Fox battles the FCC in next big court case

(NEWSER) - The Supreme Court might take up a gavel in one hand and a bar of soap in the other next term, when it considers a case challenging the FCC’s “fleeting utterances” standards, it announced today. The FCC is appealing a lower-court ruling—which arose when Cher dropped an F-bomb during a 2002 Fox broadcast—that it has failed to “articulate a reasoned basis” for the rules. More»

Says CBS should have used tape delay to prevent incident

(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.” More»