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View Full Version : CBS to Fight Janet Jackson Ruling



cablewithaview
07-31-2006, 11:43 AM
CBS went to federal court Friday to reverse a Federal Communications Commission ruling that Janet Jackson’s fleeting breast exposure at the 2004 Super Bowl halftime show was a violation of indecency regulations.

CBS said it paid the FCC’s $550,000 fine Friday in order to qualify to bring the appeal before the U.S. Court of Appeals for the Third Circuit in Philadelphia.

The broadcaster asked the court to toss out the FCC’s ruling as unlawful and unconstitutional. It also asked to be rebated the fine amount with interest.

The FCC’s definition of indecent includes “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.”

In a short filing, CBS told the court that the Jackson incident was “an unscripted, unauthorized and unintended nine-sixteenths-of-one-second display” that resulted in a maximum FCC fine for each of 20 CBS-owned stations.

“CBS is aggrieved by the [FCC rulings], which govern current and future broadcasts, including transmission of live programming,” the network told the court.

FCC spokeswoman Tamara Lipper said the agency would “vigorously defend” its ruling in court.

“CBS’ continued insistence that the halftime show was not indecent demonstrates that it is out of touch with the American people. Millions of parents, as well as Congress, understand what CBS does not: Janet Jackson’s ‘wardrobe malfunction’ was indeed indecent," Lipper said.

http://www.multichannel.com/article/CA6357463.html?display=Breaking+News&referral=SUPP&nid=2226