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Appeals Court Tosses FCC ‘Wardrobe Malfunction’ Fine

by sscatz on July 21st, 2008

Nobody’s been this fixated on a Jackson nipple since Bubbles the Chimp

A federal appeals court threw out a $550,000 indecency fine against CBS for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction,” saying the Federal Communications Commission, “acted arbitrarily and capriciously,” in other words, “like the government.”

The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so “pervasive as to amount to ‘shock treatment’ for the audience.”  Like “Big Brother 10.”

Lawyers are poring over the decision making sure the judges cited “shock treatment” and not “shlock treatment.”  Just in case, ABC is already bracing for FCC fines for “I Survived a Japanese Game Show,” and “Wife Swap.”  NBC for “American Gladiators” and “Baby Borrowers.” And Fox for their entire non-animated schedule.

chimp

Michael Jackson’s Best Friend or Network Programming Executive?

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