'Wardrobe malfunction' case could still mean fine for CBS

The CBS television network could once again face a fine for the wardrobe malfunction involving Janet Jackson and Justin Timberlake during the 2004 Super Bowl halftime show.

The Federal Communications Commission wanted to fine CBS $550,000 for the incident, which lasted 9/16 of a second, but a federal appeals court decided to set the fine aside. On Monday, however, the Supreme Court sent the case back to the appeals court.

The Supreme Court's decision means that TV stations and networks once again face the specter of fines for even fleeting, one-time slip-ups.

This is the second time in two weeks that the Supreme Court ruled on lewd behavior or language on TV. In a case last week, the Supreme Court ruled that regulators can fine television and radio broadcasters for letting "fleeting expletives" slip through. Acting FCC Chairman Michael Copps called the ruling "a big win for America's families."

Variety is following the story.

Tags: Supreme Court, FCC, Wardrobe Malfunction, CBS, Television, TV, Media, Education by Sistrunk

Supreme Court upholds FCC expletives policy

The Supreme Court today upheld a policy by the Federal Communications Commission that prohibits the use of curse words during live TV broadcasts. The vote was close, 5-4.

The high court’s decision, which argued broadcasters can be fined for even single curse words used on live TV, throws out a ruling by the 2nd U.S. Circuit Court of Appeals in New York in favor of a Fox Television-led challenge. The lower court had asked for a more detailed reasoning of the tougher stance on indecency.

Tthe court refused to pass judgment on whether the FCC's "fleeting expletives" policy is in line with First Amendment guarantees of free speech. The justices say a federal appeals court should weigh the constitutionality of the policy.




Tags: Supreme Court, FCC, Television, TV, Media, Dirty Words