The U.S. Department of Justice is asking the Supreme Court to review November’s appeals court ruling deny the FCC’s right to fine CBS for Janet Jackson’s too-quick-to-be-seen-by-the-naked-eye naked nipple during the 2004 Super Bowl half-time show.
To put this in perspective: they’re still litigating over an incident that occurred (for a fraction of a second) when gasoline was $1.83 a gallon… American Idol was the #1 television program (okay, bad example: Friends was the #2 television program)… and Barack Obama was an unknown local Illinois politician.
November 2, 2011: Appeals Court Rules (Yet Again) on Janet Jackson’s Wardrobe Malfunction
Today, the 3rd Circuit Court of Appeals reaffirmed its 2008 decision that the FCC should not have fined CBS $550,000 for the brief exposure of part of one of Janet Jackson’s breasts during the 2004 Super Bowl.
So the question is, why are the FCC and CBS still picking at this bone more than 7 1/2 years after the fact? Surely each side has already spent far more than $550,000 on legals fees. “It’s a matter of principle” doesn’t work here because laws change, standards change, and administrations change, so establishing precedents is fairly meaningless.
Just for the record, this is what was actually exposed, freeze-framed and in super close-up (and therefore Not Safe For Work). Below is a video of the actual half-second exposure. To be safe I should label it NSFW as well — but in reality the whole thing was so quick and filmed from such a distance that most people watching at the time had no idea what had actually happened (even if they remember it differently after the fact)
© 2012 by Bill Bickel unless otherwise noted.