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 t rogers

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THEY SHOULD FINE CBS!! ONE OF FOUR BAD NETWORKS

By gobluespartyon

CBS doesn't need to be fine as you have claim T Rogers you're prude that is out touch. I doubt that you don't watch the major networks anyways since you have said that it was one of the 4 bad networks.

The FCC is useless and needs to get rid of it. I believe CBS shouldn't have gotten fine for the fleeting boob of Janet Jackson I didn't see it live I saw it the next day on the news and I thought then it wasn't a big deal and it's time to move on.

By Chris

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What hypocrisy!
Where lies Timberlake's responsibilty in all this drama. Folks remember that was the guy that we all saw, who actually ripped the bra off of Janet. He actually had his hands on her and did warn us "he was gonna have her naked by the end of this song". I don't understand why Janet is the one getting all the flack.

By Nick

Thank you Chris!!!! But even Timberlake placed all of the blame at the feet of Janet.

By drwds

This case will continue in the courts until the lawyers have made all the money possible. This is another example of how our legal system is broken and needs reform. Tort reform could save 200 billion in medical costs alone, not to mention costs to businesses who get sued for having hot coffee, etc.

By WT

OK so Janet's boob was wrong on a family show, BUT was it right to have The Who perform this year??? Pete Townsend was charged with Child pornography!!! Yeah he was not found guilty, BUT HE DID ADDMIT TO USING HIS CREDIT CARD TO PURCHASE CHILD PORN!!!! CBS and the NFL need to look at things a little closer....

GREAT FOR A "FAMILY" SHOW.... WAY TO GO CBS/NFL

By lala

i can honestly say that since that performance, the superbowl has never been the same. I remember the half time show being cutting edge and whatever the biggest artists of the year were at. Now its occupied with senior performers that only the baby boomers generation actually want to see. The world needs to get over it because i don't think i've actually watched a whole superbowl since.

By lets find nemo

If it was a accident she would not have been wearing a sticker on her boob.

By Confused

Who is paying for all the proceedings?

By mroneoftheguys

CBS is responsible and should pay the fine...the intent was clear and a big fine will keep others from doing this again...tits are sex objects...they have 3 to 5 sec time delay for just this thing and should have used it when you have punks such as these on CBS tv............

You're a prude that is out touch mroneoftheguys. The intent wasn't clear and CBS shouldn't get fine as you have claim which are lies and baseless as well. Tits aren't sex objects again another lie and you support cenorship which is wrong. I'm always right.

Down With Prudes Of America.

By jean

Let it go already.

By Norman

Their Attorneys are sure making money off of this.

By cecil

what a waste of taxpayer money we are paying these lawyers to prosecute this but not the bankers that ruined the economy get over it you didn't see anything you wouldn't see on any beach in the summer fake outrage

By maria*

why on earth are we STILL talking about this 6 years later ?!!!! truly the powers that be must not think about the REAL stories that are going on in the world at this very moment!!!!!!!!!!!!!!

By King David

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HOW MUCH OF THE TAX PAYER'S MONEY IS BEING WASTED ON THIS PILE OF CRAP????????????

By roberta5001

I'd much rather have my child ask questions abouat the bare breast than have them ask me "what's erectile dysfunction?". The FCC doesn't have any trouble with the adds for viagra.

By iamheredave1

After 6 years you would think any child damaged by the site of a horrible breast would have had enough counseling, so they could now live a some what normal life ! We need to stop wasting all this money going to court, so the up tight right could let their friends on wall street get bigger bonuses .... NOW that is what is disgusting and a TOTAL disgrace to the American people, not some nipple, which by the way, I couldn't even see it happened so damn fast lol. I often wonder how so many of you up tight people manage to even have children !!!!!!

By Russell

It's ridiculous! You can't see anything anyway. There was no exposure of any kind - the picture is too far away. If you weren't told what you were viewing, there was no way you could possibly know that it was breast and not even bared from what was said (she had some sore of nipple cover on it. Oh, my gosh!! Did I just say a naughty word?? Shhhhh nipple?? Well so friggin' what!! The concept that this will forever corrupt children is unbelievably naive and idiotic! Go back to your corsets and victorian concepts of righteousness and wallow in self agony of unrelieved sexuality!

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