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)

Thursday 25 February

By Jade

Vote down Vote up Report this

It's ridiculous that the world is more focused on a breast than war, AIDS or famine. It was a freakin breast for god's sake. the only reason that Janet got the most backlash is because 1) She's African American. 2) She's a woman and 3) She's a JACKSON. I was only 8 years old when this happened and I have to say it didn't affect me at all. People need to realize that Justin was part of this too and it wasn't her fault.

Friday 26 February

By Michelle

What pisses me off is that their still only blaming and fining Janet Jackson. What about Justin Timberlake? He should paid to. It's not fair! That's why I HATE Justin Timberlake now. Won't give anything he does the time of day. He's such a p***y!

Wednesday 31 March

By brandi

and what about the sexist ads the superbowl shows? is that somehow okay?

Friday 02 April

By NICK

WHY isn't Janet Jacson in jail by now? Millions of children watching the Superbowl were teleraped when she exposed her putrid, sagging dirty-pillow. How many of these children with their post trauma disorders untreated, will grow up to be rapists and murderers? Why is Obama wasting time on healthcare when clearly Janet is the greater threat?

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