Court tosses FCC 'wardrobe malfunction' fine

[The-Hammer]

PHILADELPHIA - A federal appeals court on Monday threw 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."

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[Bob Campbell]

And commons sense wins one...til the appeal at least.

[AmpedNow]

The court said the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience."

I will concede that it was the wrong venue for that kind of programming, but it was far from "shock treatment"... I mean, geez. It was a half-second of a star-covered boob, not a Max Hardcore scene.

Shortly after the 2004 Super Bowl, the FCC changed its policy on fleeting indecency following an NBC broadcast of the Golden Globes awards show on which U2 lead singer Bono uttered an unscripted expletive. The FCC said at the time that the F-word in any context "inherently has a sexual connotation" and can trigger enforcement.

I still say this was all because it was an election year... Why would they say one thing the year before, only to do a 180 a few months later, without warning?

And no, the F word does not "inherently have a sexual connotation" in any context. But, that's a different topic.

This case is one thing. But the SC case this fall is the big one to watch.