Indecency Penalty Rejected

Indecency Penalty Rejected - New York Times July 22, 2008...

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New York Times July 22, 2008 Indecency Penalty Against CBS Is Rejected By ELIZABETH JENSEN A federal appeals court threw out on Monday a $550,000 fine that the Federal Communications Commission imposed on CBS for a “wardrobe malfunction” at its 2004 Super Bowl halftime show that briefly exposed the singer Janet Jackson ’s breast. The United States Court of Appeals for the Third Circuit in Philadelphia said that the F.C.C. had the right to change its policies, including those involving the fleeting display of nudity, without “judicial second-guessing,” but it had to give broadcasters advance notice and had failed to do in this case. The court also ruled that the F.C.C. had been wrong to hold CBS responsible for the actions of Ms. Jackson and her performing partner, Justin Timberlake , who sang “gonna have you naked by the end of this song,” before ripping away her bustier, exposing the breast for what the three-judge panel noted was “nine-sixteenths of one second.” The judges called the performers “independent contractors hired for the limited purposes of the halftime show,” which was seen by 90 million people. The Supreme Court is about to hear the F.C.C.’s appeal of a June 2007 ruling from another federal appeals court that struck down a commission policy imposing fines for
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This note was uploaded on 03/24/2011 for the course COMM 102 taught by Professor Pike during the Spring '07 term at Rutgers.

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Indecency Penalty Rejected - New York Times July 22, 2008...

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