Search for TV Listings, Movies, Celebrities, Photos & More
| | |
Home > News & Views Home > TV Guide News
TV Guide News

In This Section

TV Guide Spotlight

Also on TVGuide.com
« Today's News: Our Take

FCC's Fine Against CBS Is Nipped in the Bud

080721jackson_timberlake.jpg
Janet Jackson and Justin Timberlake by Bill Baptist/ WireImage.com
Four-and-a-half years ago and for 9/16ths of a second, the world was exposed to a large percentage of one of Janet Jackson's breasts. The FCC went on to fine the Eye to the tune of $550,000, a penalty which has loomed... until now. The 3rd U.S. Circuit Court of Appeals on Monday threw out the fine, ruling that the Federal Communications Commission "acted arbitrarily and capriciously" in levying it for such a marginal and non-calculated incident.

Holding the FCC to its historical standard for indecency — which says that the content needs to be "pervasive as to amount to 'shock treatment' for the audience" — the court said that the Super Bowl halftime show "oops" didn't qualify. "Like any agency, the FCC may change its policies without judicial second-guessing," the AP quotes the court as saying. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."

In a statement, CBS says it hopes the ruling returns the FCC to its "policy of restrained indecency enforcement." — Matt Mitovich

Related:
• CBS Challenges Boobygate Fine
• FCC Fines 20 CBS Stations $27,500 Each
• GMA Institutes 5-Second Delay for Janet Jackson Performance
• Timberlake Tears Off Janet Jackson's Bustier at Super Bowl

Leave a Comment
TVGuide Links:
Posted by TV Guide News
Jul 21, 2008 4:11 PM
About time they came to their senses. The FCC is totally out of control.
Posted by frank4450
Jul 21, 2008 4:52 PM
Fine Against CBS Is Nipped in the Bud ~MWM

Ok, that was a real groaner. UGH! ;)
And ditto to what frank4450 typed. There's been a lot of unnecessary fuss over something that only lasted 9/16ths of a second...
Posted by Rachel Scribbles
Jul 21, 2008 5:14 PM
Thank goodness there is still some common sense in America. I couldn't believe the controversy in the first place over something that was literally 9/16ths of a second. The only outraged people were the ones who taped it and froze the action at the time of, shall we say, exposure.
Posted by babysloth
Jul 21, 2008 7:11 PM
Fine Against CBS Is Nipped in the Bud ~MWM

That's beyond funny for some reason. :-p
Posted by baj24
Jul 21, 2008 10:11 PM
Is it a coincidence that many of the boobs in Washington who held sway over the FCC are getting ready to pack up and move out of the halls of power? I hope not.

It's great that the fine has been thrown out, but it's going to take some doing to undo the chill that was placed on the industry. At the very least, I hope Jimmy Kimmel "Live" will actually become Live once again!
Posted by TV Gord
Jul 22, 2008 1:53 AM
Oh, how George Carlin would have loved this if he were still alive...
Posted by SNLfan
Jul 22, 2008 2:07 AM
I was just reminded of a Johnnie Carson show when he had on this Black female entertainer (dang! I can't remember her name. She was really pretty and had a nice voice). Anyway, she leaned over the desk to give Carson a kiss and out popped her boob (she had on a halter top). She just laughed and said something like "Oops! My boob popped out!" and then went on about her business (of course, Carson had on his typical "D'oh" look on his face). It was priceless!

Anyway, no big firestorm then. No outraged talking heads. No FCC fines. Just life as normal, 'cause this is normal. Shocker! Women have boobs! Who knew?

Its amazing how American society seems to be going backwards in so many ways. Soon, we'll have women dressed up like those Texas sect women (and its just too dang hot in DC for that nonsense!).
Posted by honbun26
Jul 22, 2008 3:50 PM
Best news I've heard in a while. Of course, the Parent's Television Counsel is pissed off, as usual. They claim this decision made a mockery out of the FCC. I say, the FCC deserves to be made a mockery.
Posted by Master Moron
Jul 24, 2008 2:37 AM
Parents Television Council pissed???

Sweeeeeeet! :)

That organization's name is such a misnomer. They hide behind the presumption that they are speaking for parents, but they are really talking for a minority of people who think it's scandalous seeing a flash of a breast (for a nano-second), but don't seem to yell as loud when there's a long, lingering shot of a woman whose throat has been slashed. (As long as her breasts are covered, that's not nearly as offensive.)

22 years ago, Madonna's video for Papa Don't Preach featured a nano-second of nipple. It was played on MTV and Friday Night Videos and every other show that could find an excuse to play it. Where was the FCC then? Forgive me for returning to this point, but the difference was the political climate.

You're correct, Master Moron. The decision to throw out the FCC's ruling did not make a mockery of the FCC. The FCC made a mockery of itself by making this ruling in the first place.
Posted by TV Gord
Jul 24, 2008 7:50 AM
Advertisement