Janet Jackson Super Bowl

  • During a halftime performance with Justin Timberlake at Super Bowl XXXVIII, singer Janet Jackson's bare breast was exposed in what has since become known as a "wardrobe malfunction."

    The FCC fined CBS, for violating FCC decency rules. CBS appealed the fine. After five years of litigation, the U.S. Supreme Court rejected a decision by a lower court to dismiss the case against CBS. The lower court must revisit the case and make a new decision, which will again be reviewed.New York Times: Justices Tell Appeals Court to Revisit Super Bowl Incident (May 4, 2009)

  • Litigating a Wardrobe Malfunction

    The FCC fined CBS $550,000, saying that the incident violated its rules about nudism, however fleeting. CBS appealed, and the case was argued up to the U.S. 3rd Circuit Court of Appeals. That court found that the FCC should not have held CBS responsible for the actions of Jackson and Timberlake.

    But, on May 4, 2009, the U.S. Supreme Court sent the ruling back to the court, asking them to reconsider its decision. If the appeals court stands by its decision, the decision will again go to the Supreme Court, unless the case is settled out of court.New York Times: Justices Tell Appeals Court to Revisit Super Bowl Incident (May 4, 2009)

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