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More court review set for '04 Janet Jackson flash
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More court review set for '04 Janet Jackson flash
Mon May 4, 2009 11:16am EDT
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WASHINGTON (Reuters) - The U.S. Supreme Court ordered more consideration of a $550,000 fine against CBS Corp television stations for airing a glimpse of pop singer Janet Jackson's breast during the 2004 Super Bowl broadcast.
The order, in favor of a U.S. government appeal, sends the case back to a federal appeals court for further review in light of their ruling that upheld a U.S. government policy that subjects broadcasters to fines for airing a single expletive blurted out on a live television show.
A U.S. court of appeals in Philadelphia ruled in favor of CBS, saying that the Federal Communications Commission acted "arbitrarily and capriciously" in issuing the fine for a fleeting image of nudity.
Jackson's right breast was exposed to almost 90 million TV viewers for a fraction of a second during the live 2004 Super Bowl football halftime show in what fellow pop singer Justin Timberlake later called a "wardrobe malfunction."
Timberlake ripped off part of Jackson's bustier exposing Jackson's breast during the show. Despite the brevity, lawmakers and regulators were outraged and vowed a crackdown on broadcast indecency.
CBS and cable music network MTV, which produced the Super Bowl halftime show, insisted they did not know in advance about the wardrobe stunt. CBS apologized and paid the fine, $27,500 for each of its 20 owned-and-operated stations and later instituted a five-second delay on most of its live events.
The appeals court said CBS could not be held liable for the acts of Jackson and Timberlake. That ruling will be reviewed in view of the Supreme Court's order in the case.
The government urged the Supreme Court to either hear the appeal in the CBS case or to order further lower-court consideration in view of the high court ruling in another case on the FCC's crackdown on dirty words aired on television. That ruling came down last week.
Lawyers for CBS had urged the Supreme Court to reject the government's appeal.
(Reporting by James Vicini, Editing by Derek Caney)
© Thomson Reuters 2009 All rights reserved
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