Janet Jackson’s 2004 Super Bowl performance, during which she partially revealed a breast, is still being battled over by the Federal Communications Commission and CBS, reports B&C.
The FCC, which is backed by the Justice Department, argues that broadcasters give up full First Amendment status when they receive a government license, meaning that they should be subject to regulation of nudity and swearing when children might be viewing, the article says.
The agency made that point in a supplemental brief to the Third Circuit Court of Appeals, which is reviewing an earlier decision that the FCC’s $550,000 fine against CBS for the 2004 Super Bowl halftime show was arbitrary and capricious, the story notes.
CBS said in a filing last week that the network didn’t know about nor approved the incident, and argued that "The Court should vacate the forteiture." It argued that the court should also consider constitutional questions, "particularly in light of the FCC’s zeal to prolong its investigation on remand," CBS said.