The momentary baring of the singer Janet Jackson's (left) breast during the halftime show of the 2004 Super Bowl, will be debated once again in federal court. --PHOTO: AP
WASHINGTON - WHAT MAY be the most controversial fraction of a second in television history, the momentary baring of the singer Janet Jackson's breast during the halftime show of the 2004 Super Bowl, will be debated once again in federal court.
The Supreme Court on Monday set aside a ruling by the US Court of Appeals for the 3rd Circuit, in Philadelphia, that had overturned a S$808,000 (US$550,000) fine imposed by the Federal Communications Commission on CBS for the 'wardrobe malfunction,' as the fateful moment has been described.
LITIGATION HAS LASTED 5 YEARS
THE exposure of Jackson's breast lasted nine-sixteenths of one second, the 3rd Circuit said. That is barely enough time for the speediest wide receiver to cover 5 yards on a dry field, but plenty of time to generate litigation that has lasted half a decade, with accompanying lawyers' fees.
'We are confident that in reviewing the case the 3rd Circuit will again recognize that the Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS,' the network said.
The Supreme Court said the 3rd Circuit should give 'further consideration' to its conclusion last July 21 that the FCC had been wrong to fine the network.
A three-judge panel of the 3rd Circuit said the FCC had not given broadcasters enough advance notice that it was tightening its policies involving fleeting displays of nudity, and that CBS should not have been held responsible for the actions of Jackson and her performing partner, Justin Timberlake.
The Supreme Court's order that the 3rd Circuit re-examine its judgment was not unexpected, given the justices' ruling last week that broadcasters that allow foul language on live programs may be held accountable, even if the vulgarities were unscripted and isolated.
CBS issued a statement on Monday saying that it was not surprised by the Supreme Court's directive, given the Fox decision, 'despite the differences in the two cases.'
The Fox decision arose from two appearances on a music awards show by celebrities who used words long considered unacceptable in polite conversation.
The lyrics sung by Timberlake at the Super Bowl were arguably not as vulgar, although he seemed to have been overly inspired by them.
'Gonna have you naked by the end of this song,' he uttered, just before the big moment. -- AP
