Third Circuit Repeats: FCC's Super Bowl Halftime Fine of CBS Was Out of Bounds

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Source: B&C

The Third Circuit Court of Appeals has reaffirmed its decision that the FCC's fine of CBS in the Janet Jackson Super Bowl reveal indecency decision was arbitrary and was a policy change that CBS stations were improperly penalized.

The court had already ruled the FCC decision on fleeting nudity was arbitrary and capricious on procedural grounds, but got the case back on remand from the Supreme Court after it ruled, in the Fox case, that the FCC's fleeting profanity policy enforcement was not arbitrary and capricious.

Read more: http://www.broadcastingcable.com/article/476099-Third_Circuit_Repeats_FCC_s_Super_Bowl_Halftime_Fine_of_CBS_Was_Out_of_Bounds.php

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Plus, most of the kids who saw Janet's breast have grown up and gotten over it already, in a social perspective, unless they were raised in hyper-prudent fundamentalist families or broken homes. I have yet to hear of a sex crime case connected to the wardrobe malfunction! It is, however, debatable whether CBS planned the exposure in advance, as that would be a factor in whether a fine is warranted. I've got no problem with broadcast TV having content restrictions between 6AM-10PM.