“Wardrobe Malfunction” Fine Revoked by FCC
filed in Blog on Jul.21, 2008
Perhaps in honor of the late George Carlin, a federal appeals court has thrown out the over half-million dollar indecency fine it levied against CBS in the wake of the now infamous “wardrobe malfunction” incident during the 2004 Super Bowl, in which Janet Jackson’s breast was partially and momentarily exposed.
The court called the FCC’s fine arbitrary, and found that it was over the top and out of line with the FCC’s established history of handling indecency incidents.
Kudos to CBS, who could’ve simply paid the fine and been done with it years ago. Instead, it challenged the FCC in court, and found this happy outcome, which will have far-reaching implications. The huge fine came at the height of what many observers, including this one, thought was a campaign by the FCC to vastly overreach its bounds, inventing new definitions of “indecency” (and therefore new definitions of what was acceptable on TV), and attempting to over-regulate mediums it has no business regulating, such as cable television and the internet.
It may seem trite, a mere footnote in telecommunications legalese — but it’s an important precedent, for both innovative entertainment and for free speech.




