A federal appeals court has thrown out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction.”
The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity…
The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, “Gonna have you naked by the end of this song,” as he reached for Jackson’s bustier…
“The Commission’s determination that CBS’ broadcast of a nine-sixteenths of one second glimpse of a bare female breast was actionably indecent evidenced the agency’s departure from its prior policy,” the court found.
In challenging the fine, CBS said that “fleeting, isolated or unintended” images should not automatically be considered indecent.
Living in a society where the morality of prudes prevails politically doesn’t help, either.
Jackson is about as opportunistic as your average congress-critter; but, the FCC has no right to foist the morality of fools upon a whole nation.
Even if the nation is dumb enough collectively to vote that way.