CBS is fighting like hell against the $550,000 fine against its stations for the now-infamous "wardrobe malfunction" during the 2004 Super Bowl halftime show when Janet Jackson flashed America. The network has taken the fine to an appellate court, where it argued the decision "raises First Amendment and due process questions and is arbitrary and capricious".The network says the baring of Janet's breast was an accident that lasted nine-sixteenths of a second and called it a "blink and you miss it" event. The network argues that, despite the FCC ruling, the incident was not explicit or graphic because very few people actually saw it in real time (oh, but we all saw it on the news in slow motion and on the internet). The network also cites previous FCC rulings on nudity that contradict its Super Bowl fine, claiming the FCC essentially changed its rules in order to impose a stiff fine to appease the "masses" who freaked out about a boobie. In response, the FCC accused CBS of wanting to show naked bodies to little kids... or something like that.
The TV Squad Podcast: Vik Sahay of Chuck, Oprah talk, brutal timeslots, and more!
TV Squad Ten: Top Ten ESPN shows from worst to first
Andy Richter: The TV Squad Interview
Reader Comments (Page 1 of 1)
11-25-2006 @ 3:44PM
Jaymez said...
CBS has probably spent twice the cost of the fine in fighting this case. Pay the damn fine and move on. Save the fight for something more important than a floppy funbag! Better yet, put the money towards getting rid of the FCC's content-Nazis!
Reply
11-25-2006 @ 4:31PM
doobie4boobie said...
I didn't know the first Amendment said "You have the right to show your boobie on national T.V." What a country!
Reply
11-25-2006 @ 7:41PM
TBDave said...
CBS shouldn't be fighting the FCC. They should be suing Janet Jackson for pulling that sleazy publicity stunt on their network. Pass the $550,000 fine on to her.
Reply
11-25-2006 @ 8:13PM
TWes said...
#3 TBDave, I agree with you. They should fine Janet Jackson! Her nipple ring looked gross when I got a close up shot on the internet!! I thought CBS had already paid the fine and moved on....but I guess their lawyers need the time and billing $$$
Reply
11-25-2006 @ 9:22PM
David4 said...
I think every network possible should be going after the useless FCC. They have no right to edit American TV. This is America you watch what you watch. If you don't like is on, if you don't like swearing and nude thingies then change the change! I know this was live, but in a half second you can't see anything. The real problem was the news and Tivos where people veiwed it frame by frame. I think everyone with a Tivo should be fined.
Reply
11-25-2006 @ 9:28PM
Darien said...
I have to tell you I was shocked and disgusted by what Janet Jackson pulled at the Superbowl.
After such a long and storied history as a solid talented performer I couldn't that she would stoop to something so tasteful, so insulting, so digusting.
I mean I had to keep rewinding and reviewing it on my Tivo because I just couldn't believe my eyes...
Reply
11-26-2006 @ 10:11AM
David4 said...
"I mean I had to keep rewinding and reviewing it on my Tivo because I just couldn't believe my eyes..."
Maybe they should fine you then. You are the problem, not her. She was tasteful? When was that? When she was fat? It was a mistake, move on.
Reply
11-26-2006 @ 11:11AM
Jason said...
David4 couldn't have said it better myself.
Reply
11-26-2006 @ 12:34PM
Tucker said...
CBS absolutely should NOT pay this fine, even if the legal fees far exceed the cost of the fine. Our legal system is based on precedent, and if the FCC wrangles that cash out of CBS it puts a regulatory agency that already has very few checks on its power on a slippery slope to doing whatever the hell it pleases.
Reply
11-26-2006 @ 3:38PM
Nicki said...
Well, first, I can't believe this hasn't been handled yet. But really, I don't think CBS has any reason to pay the fine. It IS a matter of principle, so I don't think how much they're paying to fight it is relevant. I did blink and miss it. Everyone around me wasn't even sure they had seen it, until it became publicized. It's stupid, wasn't their fault, and COME ON, this is the 21st century, must we all remain senseless prudes? Everyone has seen a nipple at one point in their life or another, so get the hell over it. It's perfectly natural, and people should not get so offended over stupid things. The FCC shouldn't be encouraged, either; I agree with Tucker. If people would just learn to accept things, and not get offended by things that aren't offensive, we'd all be so much better off. Especially people like you, Darien- I mean seriously, if you can bear watch it on the tivo multiple times, you have no right to complain.
Reply
11-26-2006 @ 4:03PM
Karen said...
Wow, everyone seems to be sarcasm-challenged on the boards today--is it tryptophan withdrawal> Darien was making a joke, y'all.
That being said, as Anna pointed out: the live visual was so fleeting as to be almost unnoticeable; the real play came on news show after edutainment show after talk show. So why aren't they the ones getting fined?
Reply
11-26-2006 @ 9:37PM
VSJ said...
This is completely ridiculous...I do not know of ONE person who contacted the FCC or CBS to complain.
Reply
11-27-2006 @ 11:12AM
jttv said...
Pay the fine!
Get better Boobies next time.
They should have been fined for showing old skank boobie.
Reply
11-27-2006 @ 1:02PM
nova said...
I think CBS is good to fight it for those very reasons. There are plenty of things on scripted TV that if you pause or slow down your TIVO, you could also find. This was a split second incident and if the image hadn't been captured over and over again, the FCC would have nothing to complain about.
Reply
11-27-2006 @ 2:58PM
JDub said...
I still don't understand why I am allowed to watch the bare behinds of every actor on NYPD Blue but I can't see Janet Jackson's breast for 9/16 of a second? Somehow, it smacks of sexism.
Reply
11-29-2006 @ 10:08PM
sports guy said...
F the FCC. I'd fight it. There was even a nip.
Reply