CBS Fighting Super Bowl Nip Slip Fine After Six Years

By Brooke Tarnoff Posted Feb 24th 2010 10:30AM

Six years after Janet Jackson's breast made a cameo appearance in a Super Bowl halftime show, a federal appeals court is again debating the merits of an FCC fine once dismissed in 2008. The court convened yesterday to discuss whether fining CBS $550,000 for Jackson's seconds-long exposure was legally permissible, reports the Associated Press. The U.S. Supreme Court asked the lower court to consider reinstating the fine, which was originally dismissed as "arbitrary and capricious," but we have our own request to make of our judicial system: let it go.

"The incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS," the network said in a statement. "There are rare instances, particularly during live programming, when despite broadcasters' best efforts it may not be possible to block unfortunate fleeting material."

If you've somehow managed to forget, the incident occurred at the end of a duet between 2004 halftime performers Jackson and Justin Timberlake. As JT sang the words "I'm gonna have you naked by the end of this song," he tore a piece of Jackson's costume, revealing her right breast and a gold, sun-shaped nipple shield.

Breast-Baring Occurs at 5:28 of the Video Clip

Jackson and Timberlake claimed the exposure was accidental -- a claim that gave birth to the now-famous phrase "wardrobe malfunction." We don't buy that for a second. However, CBS immediately cut away from the action on stage; the speed with which Jackson's chest was replaced by an aerial view of the stadium makes us think CBS was not aware of the choreographic particulars in advance.

As CBS said, "inappropriate and regrettable." We think it's uncool that little kids across America saw a flash of unexpected boob. Frankly, we don't think it's that uncool, in the grand scheme of traumatic things kids witness, but we realize it's up to those kids' parents to decide how unwelcome a stranger's breast is in their families. Either way, CBS hit the nail on the head: the Super Bowl is a live broadcast. Unexpected things can, and occasionally do, happen.

The natural result of an outrageously large FCC fine and a few civil lawsuits was the use of a "profanity delay" -- to avoid another scandal that year, CBS employed a tape-delay for the 2004 Grammy Awards. That same year, ABC imposed a video and audio delay on the Academy Awards to protect its audience from any unforeseen obscenities.

So there you have it. Six years have gone by, Janet Jackson's briefly exposed nipple is still wending its way through the court system, and our culturally-significant events are no longer aired live.

And not to put too fine a point on that breast, but if a "won't someone think of the children" sentiment was at the heart of this scandal in the beginning, let's do a little quick math: Any ten-year-old patient enough to sit through Super Bowl XXXVIII and catch a quick glimpse of adult content -- if he even knew what he was looking at -- is now starting to fill out college applications. It might be time to move on.

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Ms. Jackson Snapshots

© BAUER-GRIFFIN.COM Singer Janet Jackson is suprised by photographers as she exits the back door of Annabel's night club after a Pre BAFTA party. EXCLUSIVE February 22, 2010 Job: 100223M2 London, England www.bauergriffin.com www.bauergriffinonline.com [KGC-163]

GF/bauergriffinonline.com

Janet Snapshots

Janet Jackson poses on the front row at the Pringle Of Scotland show for London Fashion Week Autumn/Winter 2010 at The Serpentine Gallery on February 22, 2010 in London, England. Pringle Of Scotland: London Fashion Week a/w 2010 - Front Row The Serpentine Gallery London, England United Kingdom February 22, 2010 Photo by Danny Martindale/WireImage.com To license this image (59700320), contact WireImage.com

Janet Snapshots

Janet Jackson and friend pose on the front row at the Pringle Of Scotland show for London Fashion Week Autumn/Winter 2010 at The Serpentine Gallery on February 22, 2010 in London, England. Pringle Of Scotland: London Fashion Week a/w 2010 - Front Row The Serpentine Gallery London, England United Kingdom February 22, 2010 Photo by Danny Martindale/WireImage.com To license this image (59700339), contact WireImage.com

Janet Snapshots

LONDON, ENGLAND - FEBRUARY 22: Tilda Swinton, Janet Jackson and Lily Collins attend the Pringle of Scotland Fashion Show at the Serpentine Gallery as part of London Fashion Week Autumn/Winter 2010 on February 22, 2010 in London, England. (Photo by Ian Gavan/Getty Images) *** Local Caption *** Tilda Swinton;Janet Jackson;Lily Collins

Janet Snapshots

LONDON - FEBRUARY 21: Janet Jackson attends the Vivienne Westwood Red Label fashion show during London Fashion Week on February 21, 2010 in London, England. (Photo by Samir Hussein/Getty Images) *** Local Caption *** Janet Jackson

Janet Snapshots

US singer Janet Jackson (2ndL) looks on as she waits for the creations of Vivienne Westwood at London Fashion Week, on February 21, 2010. AFP PHOTO/ GEOFF CADDICK (Photo credit should read Geoff Caddick/AFP/Getty Images)

Janet Snapshots

US singer Janet Jackson looks on as she waits for the creations of Vivienne Westwood at London Fashion Week, on February 21, 2010. AFP PHOTO/ GEOFF CADDICK (Photo credit should read Geoff Caddick/AFP/Getty Images)

Janet Snapshots

Janet Jackson and friend pose on the front row at the Vivienne Westwood Red Label show for London Fashion Week Autumn/Winter 2010 at on February 21, 2010 in London, England. Vivienne Westwood Red Label: London Fashion Week a/w 2010 - Front Row London, England United Kingdom February 21, 2010 Photo by Danny Martindale/WireImage.com To license this image (59689947), contact WireImage.com

Janet Snapshots

Janet Jackson is seen leaving the Todd Lynn show at LFW Autumn/Winter 2010 on February 21, 2010 in London, England. Celebrity Sightings In London - February 21, 2010 London, England United Kingdom February 21, 2010 Photo by Danny Martindale/FilmMagic.com To license this image (59686708), contact FilmMagic.com

Janet Snapshots

Comments

(64)

Wednesday 24 February

By gobluespartyon

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CBS is right Dan and you're dead wrong that is a prude and out of touch. It was fleeting I didn't see it live saw it the next day and CBS shouldn't be fine and the fine shouldn't be enforced either. And what you have claim Dan is a lie and blaseless as well that it was fleeting which it wasn't as I said before. I'm always right.

By joeomar

Highest Rank Vote down Vote up Report this

Unlike many stories on this topic, at least this one mentioned in passing that she was wearing a gold "pastie" - defined as an adhesive patch used to conceal a woman's nipples, and worn by exotic dancers and striptease artists to avoid nudity charges. In other words, by most LEGAL definitions her breast was NOT exposed and she would NOT be subject to violation of laws against nudity. This raises two points: 1) It is extremely unlikely this was not pre-planned, unless Ms Jackson regularly wears these items. 2) She did not reveal any more of herself than can be seen on any ordinary sunny day on any south Florida beach (considerably less, in fact). This was the most overhyped story of the past decade, and it's DEFINITELY time to move on.

By Uncle Eddy

They did to Janet what was done to Jim Morrison.
The Halftime shows are getting more lame each year since. I predict next year they'll bring back "Up With People" an act that makes Pat Boone look like Ozzy Osbourne

By mompkp7

Lowest Rank Vote down Vote up Report this

this incident was disgusting and CBS should be removed from TV

By Frank

mompkp7 Ithink your disgusting and should have your life removed!!!

Vote down Vote up Report this

Get a life Mompkp7 you're a prude that is out of touched with America. CBS shouldn't be removed it was a boob no big deal.

By Chris

Haha!!

By Amy

why is this "wardrobe malfunction" still being discussed? when I as a woman is being subjected to nudity, violence towards women, derogatory statements TOWARDS women on TV and movies. And the govt. is worried about a little ole breast? give it a rest

By Jeremy

The FCC is a dinosaur that should have died long ago, time we let it know it's extinct.

By greenchilegranny

i can't believe they're still making an issue out of this!!! Even if small children were in the room when this happened i seriously doubt that they would be traumatized by a nanosecond flash of a nipple covered by a pasty!!! I have seen the video on the news and I never did see anything and I know that a kid has the attention span of a gnat so they're not paying enough attention to see anything either. As several have said, "GET OVER IT!!!!"

By battlerooster14

Whats lost in all this is the fact that the game itself was a classic superbowl..Lots of Drama..and scoring with the Patriots vs Panthers in a slugfest.

By GAYLE WHITE

If I looked like that or for that fact could dance like that who would notice is for a nanosecond my boob was exposed, GIVE US A BREAK MOVE ON TO MORE THINGS MORE IMPORTANT LIKE THAT IDIOT IN THE WHITE HOUSE, IMPEACH OBAMA

By dolbai

We've all been punished enough...with outdated & old entertainers resurrecting their act for " the greatest show on turf"...the Superbowl. Stop beating a dead horse that died years ago and let's move into this century with acts befitting a Superbowl (with X number of seconds delay to avoid future problems). It's so typical of the self righteous to strain at something that is insignificant in the wake of hunger, human trafficking, neglect and abuse that have far more reaching effects in the lives of children.

By Raejean

It was a cheap, nasty publicity stunt in front of a general audience who didn't bargain for Jackson's saggy tit. If anyone should have been fined for it, it was the artists.

I don't think it was a publicity stunt it was a mistake so you're wrong Raejean and a prude as well.

By Nick

It was only saggy cause your so used to looking at fake ones lol.

By Bill

This whole thing is a joke. She showed her boob on TV. Woopty Freakin Doooo!

By Marjorie

I guess all these upset people are okay with kids watching Justin hump her rump, where to draw the line?

By maryncland

And superbowl halftime has sucked ever since this happened. Seems like it get worse every year...

I would rather see anybody's nip then to watch a bunch of old men sing songs that no one even listens to anymore...

seriously get over it...

By Mark

Lindsey Vonn........ without a doubt..... the best downhill skier, male or female, on the planet..........

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