[click to embiggen, iffen ya dare]
Thank the pasta lords, now I can sleep at night without worrying that a giant nipple is going to destroy America. I have no sympathy for the dingleberries who own/run CBS, but the FCC is even less sympathetic a beast,
In a decision that clears CBS of any wrongdoing for airing the 2004 Super Bowl halftime show that featured Janet Jackson’s infamous “wardrobe malfunction,” a federal appeals court overturned the $550,000 fine that the Federal Communications Commission levied against the station, calling the fine arbitrary and capricious.
The decision was handed down early Monday by a three-judge panel of the 3rd U.S. Circuit Court of Appeals, which found that the fine was unfair because the commission, in imposing it, deliberately strayed from its practice of exempting fleeting indecency in broadcast programming from punishment. The commission also erred, the judges ruled, by holding CBS responsible for the actions of Janet Jackson and Justin Timberlake, who were characterized by the judges as “independent contractors hired for the limited purposed of the Halftime Show.”
[Click to read more detail regarding Court Throws Out Super Bowl Indecency Fine – NYTimes.com]
and because the FCC acted in poor faith, deciding which incidents were worth going after.
The court, in its ruling, said the FCC would have had a stronger case against CBS had the performance been pre-recorded. But because it was aired live, and there was no solid evidence that CBS had advance knowledge that Timberlake was going to tear at Jackson’s bustier, the station did not appear to have acted recklessly by broadcasting the show.
In fact, the court said, CBS had implemented an audio delay and other measures to help censor any unexpected profanity, and numerous “script reviews” and “wardrobe checks” before the show did not reveal any problems.
“CBS rejected other potentially-controversial performers who had previously engaged in offensive on-air conduct in favor of Jackson and Timberlake, with the NFL ultimately approving the selections,” the court wrote. “Timberlake in particular, CBS asserts, had on several prior occasions performed ‘Rock Your Body’ live on national television without incident.”
As Steve Earle sang: Fuck the FCC
and another version, after performing F the CC a couple of years: