FCC, CBS Continue to Duke It Out Over Janet Jackson’s Super Bowl Wardrobe Malfunction

Dec 28, 2010  •  Post A Comment

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.



  1. I agree that you give up full rights to do and say anything you like when you have a broadcast license but come on folks! It’s was not pornography. Wrong place, wrong time, yes. Fine Janet and Justin a few grand and get over it! I don’t know of anyone who was damaged by seeing a breast. You see almost as much watching Dancing with the Stars or any given beauty pageant.

  2. “during which she partially revealed a breast” She???? last time i checked JUSTIN TIMBERLAKE ripped her top off and REVEALED her breast. but yeah Janet is an African American woman let change the story and put the blame on her.

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