Associated Press
Posted on Wed, Feb. 24, 2010
Did flash of singer merit a 550G fine?
By REGINA MEDINA
Philadelphia Daily News
Janet Jackson's well-known "wardrobe malfunction" lasted a nanosecond during the 2004 Super Bowl on CBS, but the case surrounding the worldwide peep show has dragged on for six years and counting in federal court.
A panel of judges in Philadelphia heard oral arguments yesterday and, at times, pop culture was in the mix with mention of Nicole Richie and Justin Timberlake, among others. One judge innocently mispronounced "Bono," lead singer of U2, who (in)famously used the F-word on live TV.
Attorneys for CBS and the Federal Communications Commission argued their respective sides in front of the Third Circuit Court of Appeals, which had been ordered by the Supreme Court to re-examine the case.
At issue is a $550,000 FCC fine imposed after Jackson's exposed breast was broadcast for nine-sixteenths of a second during the halftime show. CBS pleaded for the court to rule again in its favor while the government asked the court to reinstate the fine it imposed in September 2004.
Jacob Lewis, associate general counsel with the FCC, argued that CBS knew the show would be titillating and should have taken measures to avoid broadcasting the exposure. He said CBS was on a five-second audio delay, but wasn't on a video delay, although it had the technical ability to do so.
"It was reckless [and] can suffice to hold CBS liable," Lewis said.
CBS' attorney Robert Corn-Revere said CBS didn't have the video-delay technology at the time of the Super Bowl.
:think2:
rest of the story: http://www.philly.com/philly/news/pennsylvania/20100224_Did_flash_of_singer_merit_a_550Gfine_.html
Posted on Wed, Feb. 24, 2010
Did flash of singer merit a 550G fine?
By REGINA MEDINA
Philadelphia Daily News
Janet Jackson's well-known "wardrobe malfunction" lasted a nanosecond during the 2004 Super Bowl on CBS, but the case surrounding the worldwide peep show has dragged on for six years and counting in federal court.
A panel of judges in Philadelphia heard oral arguments yesterday and, at times, pop culture was in the mix with mention of Nicole Richie and Justin Timberlake, among others. One judge innocently mispronounced "Bono," lead singer of U2, who (in)famously used the F-word on live TV.
Attorneys for CBS and the Federal Communications Commission argued their respective sides in front of the Third Circuit Court of Appeals, which had been ordered by the Supreme Court to re-examine the case.
At issue is a $550,000 FCC fine imposed after Jackson's exposed breast was broadcast for nine-sixteenths of a second during the halftime show. CBS pleaded for the court to rule again in its favor while the government asked the court to reinstate the fine it imposed in September 2004.
Jacob Lewis, associate general counsel with the FCC, argued that CBS knew the show would be titillating and should have taken measures to avoid broadcasting the exposure. He said CBS was on a five-second audio delay, but wasn't on a video delay, although it had the technical ability to do so.
"It was reckless [and] can suffice to hold CBS liable," Lewis said.
CBS' attorney Robert Corn-Revere said CBS didn't have the video-delay technology at the time of the Super Bowl.
:think2:
rest of the story: http://www.philly.com/philly/news/pennsylvania/20100224_Did_flash_of_singer_merit_a_550Gfine_.html
:massage: @)
