Per Ars Technica, the U.S. Supreme Court has ordered a federal appeals court to re-examine its ruling against CBS for Janet Jackson's "wardrobe malfunction" during the 2004 Superbowl.The FCC's original ruling, now commonly referred to as "Nipplegate," ordered the network to pay a $550,000 fine after Jackson's breast was briefly bared during a halftime performance. That fine was later thrown out by the lower court on the grounds that the incident was "fleeting," meaning it lasted less than one second. Now the fine may be reinstated.
The decision comes a week after the top court's decision to support the an FCC ruling against FOX Television for "fleeting expletives" used on air.
Writing on behalf of the majority vote, Justice Antonin Scalia explained, "because the FCC's prior safe-harbor-for-single-words approach would likely lead to more widespread use, and in light of technological advances reducing the costs of bleeping offending words, it was rational for the agency to step away from its old regime."
Twitterers shared their musings on the decision:
Kevin_K_Scott The Supreme Court wants to reopen the FCC's Janet Jackson "Nipplegate" case. Kevin just wants to reopen Janet Jackson (albeit circa 1994).
TILLYKOEPPEL I CAN'T BELIEVE IT...NIPPLEGATE WENT TO THE SUPREME COURT!!!AND IS SENT NOW BACK TO TRIAL...USA MAKES ITSELF THE LAUGHING STOCK OF THE WORLD
EclecticChic @andersoncooper Why are they holding on to Nipplegate? RIDICULOUS! So much more important things to worry about right now.
andrewGorham which will end first. The Iraq war or Nipplegate? http://tinyurl.com/cbhfny
RuthOUTspoken OMFG! SCOTUS to revisit Nipplegate. Isn't that so 2004! http://bit.ly/h5lKn
NuttsOnCampus The Supreme Court is back on the Nipplegate controversy.- Damn Janet, your nipples got folks talking 5 years later.
May 4, 2009
"Nipplegate" Ruling Under Review
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