Tuesday, September 11, 2007

US Appeals Court Weighs Fine For Janet Jackson's 'Costume Malfunction'

This is just silly, methinks.

From Associated Press:

PHILADELPHIA - CBS took many precautions before the 2004 Super Bowl halftime show that aired with Janet Jackson's "wardrobe malfunction," an attorney for the company said Tuesday.

The broadcaster is challenging a $550,000 fine issued by the Federal Communications Commission. The two sides offered arguments before three federal appeals judges who must decide whether the brief glimpse of Jackson's barely covered breast was indecent, or merely a fleeting and accidental glitch that shouldn't be punished.

CBS Corp. lawyer Robert Corn-Revere said the network took many precautions, including choosing Jackson and Justin Timberlake over more provocative performers, reviewing the script, voicing concerns about ad-libbed remarks and applying a 5-second audio delay.

"I think the precautions CBS took even satisfied the FCC's standards," Corn-Revere said.

FCC lawyer Eric Miller argued that CBS was indifferent to the risk that "a highly sexualized performance" might cross the line.

Timberlake sang the lyrics, "Gonna have you naked by the end of this song," and that's exactly what happened, Miller said.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website, www.wiselaw.net

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