Vivre Magazine.com

News for the Fashionably literate.

CBS finally cleared over Janet Jackson wardrobe malfunction.

Posted by v on July 21, 2008

Janet Jackson/Justin Timberlake - Superbowl 2004

Janet Jackson/Justin Timberlake - Superbowl 2004

Bet you did not know this stuff as still going on, did you? Neither did we but in Philadelphia, - A U.S. federal appeals court threw out a $550,000 indecency fine against CBS Corp. on Monday for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction.”

The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity.  Oh, get real!

The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, “Gonna have you naked by the end of this song,” as he reached for Jackson’s bustier.

 The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so “pervasive as to amount to ’shock treatment’ for the audience.”

The FCC argued that Jackson’s nudity, albeit fleeting, was graphic and explicit and CBS should have been forewarned.

Read the ruling here

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