Posted by | February 21, 2009 15:38 | Filed under: Top Stories

It’s been five years since some of the 143 million people watching the Super Bowl saw, at a distance, the right breast of Janet Jackson for 0.5625 seconds.  It cost CBS $550,000. Now the Supreme Court is set to announce whether it will hear the case upholding the fine.

The FCC said they received an “unprecedented number” of complaints and concluded the incident “was shocking to the viewing audience…during a prime time broadcast of a sporting event that was marketed as family entertainment and contained no warning that it would include nudity.”  The Third Circuit Court of Appeals in Philadelphia determined that the fine did not conform with the agency’s past practices and that the penalty was “arbitrary and capricious.”  The court also concluded the “First Amendment precludes the FCC from sanctioning CBS for the indecent expressive conduct of its independent contractors…”

In its brief to the high court, the FCC argues the Third Circuit “erroneously construed” its reasoning for the fines and is asking the Supreme Court to reinstate the penalty. Interestingly, the commission is also asking the court to delay its decision in granting the case until the “fleeting expletive” case is resolved.


That case involved the use of several swear words by Cher and Nicole Ritchie during live awards shows. The fleeting expletive case was heard on Nov. 4. The court has already returned its rulings from the other two non-related cases it heard that day.


CBS has filed its own brief and not surprisingly is asking the court to not take the case. The television network contends the legal issues presented by the FCC do not sufficiently rise to the level that merit further review.


Will any human being who was harmed by this sudden and unanticipated flash of flesh please step forward and show how you were damaged?  Parents, bring the bills you have for your children’s’ therapy.  Please, show us how your lives have been unalterably and forever changed by this horrible millisecond exposure.  Please.

Click here for reuse options!
Copyright 2009 Liberaland
By: Alan

Alan Colmes is the publisher of Liberaland.