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.
Showing posts with label FCC. Show all posts
Showing posts with label FCC. Show all posts
May 4, 2009
"Nipplegate" Ruling Under Review
April 29, 2009
Supreme Court rules in favor of FCC
In 2004, The Federal Communications Commission decided to include the "F-word" and "S-word" in their definition of indecent material as a response to Richie's use of both words at the 2003 Billboard Music Awards and Cher's use of the "F-word" during the 2002 Billboard Music Awards.
This decision overturns the U.S. 2nd Circuit Court of Appeals decision against the FCC--which said there could be some toleration of expletives--but the Supreme Court failed to answer the constitutional question of whether the zero tolerance indecency policy violates the 1st Amendment. The question will have to be answered by the circuit court, which will likely be a lengthy process.
Based on the ruling, each expletive aired will cost broadcasters $325,000.
Twitter users responded harshly to the decision:
SoItsComeToThis Anyone (besides me) a little annoyed w/ the SCOTUS FCC v Fox decision? What a cop-out! Although it could've been a pro-censorship ruling.
AVGVST Dear FCC - "fleeting expletives" don't destroy American families. Grow the F*ck up.
ageman The FCC should also consider blasphemies, the B word and other extras. We should pray for that. Although the world likes it's words
adrock44 "Thank you Paul Pierce for saying "aw shoot" in your post game interview"-- The FCC
schillingfan RT @Shoq: Scalia court found it acceptable the FCC to fine media for accidental bad words. fuck that.//Scalia is flaming conceited prick
ajquest http://bit.ly/YoeNV Wow a close call. And Thomas wrote a concurring. Go figure. Score one for the FCC
johnsonzkid omg yall. i really can't do this anymore. there's not THAT MUCH to say about the FCC
bruzer35 Wondering why I have to put up with erectile dysfunction and diarrhea ads while the FCC cries about the "f" and "s" words....gross.
alyssamwbc Craig Ferguson flipping off the camera in protest against the FCC is hilarious hehe
griswold oh shit, here comes the FCC again: http://bit.ly/glWCX
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