High court throws out ruling on Janet Jackson (wardrobe malfunction)

[jefferson_dem]

Source: AP

High court throws out ruling on Janet Jackson

The Associated Press
Monday, May 4, 2009 10:09 AM

WASHINGTON -- The Supreme Court on Monday ordered a federal appeals court to re-examine its ruling in favor of CBS Corp. in a legal fight over entertainer Janet Jackson's wardrobe malfunction.

The high court on Monday directed the 3rd U.S. Circuit Court of Appeals in Philadelphia to consider reinstating the $550,000 fine that the Federal Communications Commission imposed on CBS over Jackson's breast-baring performance at the 2004 Super Bowl.

The order follows the high court ruling last week that narrowly upheld the FCC's policy threatening fines against even one-time uses of curse words on live television.

Last year, the appeals court threw out the fine against CBS, saying the FCC strayed from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency.

The appellate court said the incident lasted nine-sixteenths of one second and should have been regarded as "fleeting." The FCC previously 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 court said.

The FCC appealed to the Supreme Court. The case had been put off while the justices dealt with a challenge led by Fox Television against the FCC's policy on fleeting expletives.

Read more: http://www.washingtonpost.com/wp-dyn/content/article/2009/05/04/AR2009050401428_pf.html

[havocmom]

1. SCOTUS: aganist boobies, in favor of boobs

Yes, I hope Obama gets to make a lot of appointments to that body in coming years.

[rcrush]

2. Does seeing the occasional accidental boobie or occasional F word going to destroy society?

I think the bigger crime is how they censor those R rated movies for network television. How does one watch Die Hard with all the cuss words cut out? Its not right!

[No Elephants]

33. That's why Republicans love small government. It can fit inside your TV and vagina.

Of course, it gets a lot bigger when it invades Iraq and runs up deficits, but that's another issue in the altogether.

[Occulus]

41. DUzy.

:rofl:

:spray:

[onenote]

3. this was a one sentence order that was inevitable after last week's ruling

Last week, the SCOTUS ruled 5-4 that the FCC didn't act arbitrarily when it changed its previous position on "fleeting" expletives and held that they could constitute actionable indecency.That opinion did not reach the constitutional issue since it hadn't been addressed by the lower court. Moreover, reading the separate opinions, one could come to the conclusion that a majority of the court may be prepared to hold that the regulation of "indecent" broadcast speech -- at least in the case of "fleeting" indecency, is not constitutional. The Janet Jackson case also didn't reach the constitutional issue and therefore it was essentially automatic for the court to summarily remand the case back to the court that issued it to reconsider it in light of last week's ruling.

[No Elephants]

34. Must you break a string of puns with a factual post? Twisted! (Thanks. Good info.)

[damntexdem]

4. The appeals court should reconsider -- and make the same ruling again.

Drag it out until a conservative leaves the SCOTUS.

[aquart]

30. Yep.

[Dappleganger]

5. What a joke

The FCC needs to focus on hate speech and inciting hate speech groups instead of an occasional flash of boob.

[TankLV]

6. Thank god it wan't a PENIS!!!

What would we ever say to the CHILDREN!!!

[aquart]

29. That Janet Jackson had had very interesting plastic surgery.

[No Elephants]

35. What do you have against a penis? (does Groucho brow twitch).

[dipsydoodle]

7. Jackson flash to be re-examined

Source: BBC News

The US Supreme Court has ordered a re-examination of a ruling that threw out a fine over Janet Jackson's "wardrobe malfunction" during 2004's Super Bowl.

Federal regulators had initially fined CBS TV $550,000 (£368,000) in September 2004 for airing the glimpse of Jackson's breast during the broadcast.

But an appeals court quashed it in July last year saying the watchdog acted "arbitrarily" in issuing the fine.
>
Jackson was performing alongside Justin Timberlake when he reached for her bra and the "malfunction" occurred.

Read more: http://news.bbc.co.uk/1/hi/entertainment/8032720.stm

---

Sounds a bit of a storm in c cup to me.



Also gives a whole new meaning to "I feel a right one"

[endarkenment]

8. We certainly cannot move forward and put this behind us.

No, every aspect of Ms Jackson's odd nipple must be re-examined in great detail. The media will keep us abreast of the situation as they milk this story for every titillating aspect.

[No Elephants]

12. It did give a whole new meaning to the phrase "half time show."

[central scrutinizer]

19. Should have gone for two

major coaching blunder

[No Elephants]

32. One for money, two for the show?

[tomm2thumbs]

20. lol - your puns lac-taste :) j/k

actually, your puns were the jugg-ernaut to low-hanging morning cupped in hilarity - cross my heart.

[8 track mind]

22. thanks for the mammary's! n/t

[ItNerd4life]

42. DU Humor. Love it! nt

[hedgehog]

9. If I recall, wasn't the entire performance based around the

suggestion that his character was knocking her character around? Yet all the fuss was over the sight of a nipple rather than over the implied violence.

[HopeHoops]

10. What nipple?

There was just that oversized Christmas Tree ornament she just "happened" to be wearing under the outfit that just "happened" to have a convenient access method.

It was a publicity stunt - get over it people!

[No Elephants]

14. I think only the leather part was supposed to come off, leaving her breast semi-covered by

the red fabric that we saw peeking out above the leather before "the incident." Then again, my son used to laugh and claim I was naive--and he was only about 12 at the time.

[HopeHoops]

17. You're wearing a skin-tight leather outfit on a hot stage...

... so LOGICALLY, you would have a 4" metal throwing star on your nipple underneath it "just for comfort". It was to catch the light, nothing else.

I can't believe this is even WORTHY of the USSC taking the time to look at it!!!

[No Elephants]

11. Wasn't "I want you naked by the end of this song" part of the lyrics?

[jmowreader]

26. It was

I want to know who's behind this. The whole incident lasted what, half a second? $550,000 isn't a massive fine. The only people keeping this shit alive are the fundies, and their power SHOULD have dissipated on January 20.

[No Elephants]

31. Sadly, the power of the neo theos on the SCOTUS will last many years beyond

2009. Say what you will about Dummya, he was very smart (for his own purposes) to choose two very young (relatively) Justices who are neo theos. And, as it happened, one of them even got to be Chief Justice. I so badly want young LIBERALS on the bench. Not moderates, thanks. Liberals.


On edit: By neo theos, I mean those who try to get America to behave like a theocracy. I have no beef at all with anyone's religious beliefs unless they try to make the rest of us live in accordance with them.

[truthisfreedom]

13. This would be the ultimate slap in the face of the previous administration, to undo the arbitrary

penalty because they were "oh so offended by the black woman's nipple."

Although you couldn't see the damned nipple anyway.

[hedgehog]

15. And G-d knows, we've all been searching the photos and videos !

[No Elephants]

36. Shhhh. Next thing you know, the Internet porn police will be monitoring DU.

[aquart]

16. This is how the Roberts Court chooses to spend its time?

[orleans]

18. apparently. what does that say about roberts? (besides "jerk!") ugh. n/t

[aquart]

28. Does he smoke? I'm hoping he smokes.

Damn, he's young.

[Stellabella]

23. Yes, exactly.

And hopefully this is what that nimrod will be remembered for.

[onenote]

39. they spent their time issuing a one sentence order sending the case back to the lower court

based on the decision they made last week on an administrative procedure issue. The constitutional issue has not yet been addressed.

[SemiCharmedQuark]

21. Oh noes! Boobs!

[pleah]

24. Cup catastrophe to be heard by the SC?

Nice to know their eyes will be focused on the important issues.:sarcasm:

[onenote]

40. eventually maybe. But all they did yesterday was send the case back to the lower court

to reconsider in light of a decision relating to administrative procedure (ie the FCC's authority to change its position on fleeting indecency)

[Grinchie]

25. They should have stuck to tying her down and waterboarding her, but no...

Or may be they could've cut to an individual being shot in the chest by a shotgun.

The American public's unnatural fear of the human anatonmy and the "Harm" 9/16's of a second of a female breast will presumably cause to society is just a sympton of how sexually repressed and sick its citizens are.

Of course, Americans have never experienced Television in Europe, so they have no idea that the rest of the world is not as prudishly preoccupied with automatically associating and view of the human body as pornography, or something "Bad".

In America, it is imperitave to stifle this most basic, intrinsic instinct in order to cause internal psychological conflict, which results in misdirected releases of pent up energy towards consumption, compulsory obedience, and in worse cases, mass neurosis.

Religion reinforces it, Educational systems demand it, and Governmental and Corporate forces exploit it. Meanwhile, Americans get sicker and sicker without knowing why their life is full of stress and displeasure.

[Betty]

27. no time to look into torture

when there's boobies to investigate.

[No Elephants]

37. So, that's why Obama wanted to look forward!

[LeftHander]

38. I want my tittilation!...nt