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CBS Still in Hot Water Over Janet Jackson Super Bowl Incident

9/16/09, 10:13 am EST

Photo: Haynes/AFP/Getty

Five years after Janet Jackson flashed an unsuspecting nation during the halftime show of the 2004 Super Bowl, the battle over “Nipplegate” continues to wreak havoc in the judicial system. After a $550,000 fine was levied against CBS, then thrown out, then reinstated, the FCC is still arguing that the network is to blame and that exposing “Jackson’s bare right breast to a nationwide audience composed of millions of children and adults was indecent.” A Third Circuit Appeals court found that the fine against CBS was “arbitrary and capricious,” but in new documents the FCC argues that CBS had video delay capabilities that would have prevented the incident, Broadcasting & Cable reports.

As Rolling Stone previously reported, in June the Supreme Court asked the Third Circuit Court to reexamine the case after upholding FCC’s right to levy fines even for one-time outbursts, resulting in the new batch of court documents filed yesterday. The Third Court initially threw out the $550,000 fine in July 2008. CBS argued then that video delay was still in its infancy and they therefore couldn’t have prevented the incident, but the FCC insists that the technology was available and that CBS was “reckless” for not utilizing video delay.

CBS received 582,000 complaints after Justin Timberlake ripped off a portion of Janet Jackson’s bra during a performance of “Rock Your Body” in front of an audience of 90 million viewers. The nudity lasted all of 9/16th of a second, yet the ensuing court battle continues on. Because of the incident, the Super Bowl has since opted for safer performances during halftime, lining up an army of classic rockers like Bruce Springsteen, Paul McCartney, Tom Petty, the Rolling Stones and Prince.

Related Stories:

Janet Jackson “Wardrobe Malfunction” Case Back in Court
Janet Jackson Super Bowl Flash Fine Tossed


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Comments

maki | 9/16/2009, 10:25 am EST

what a waste of time and money…does anyone really care about a nipple. it’s not like we watched someone getting shot

Spirit of the Waste | 9/16/2009, 10:56 am EST

Basically – here we go again – watching dead Iraqis is OK, dead American solders OK, murder or fake murder on CSI OK….list goes on.

A naked body of attractive talented person male or female – NOT OK – because Jesus, Mohammad and all the other EXTREME RELIGION representatives are appalled.

Natural things like sex, love, attraction, fun and positive things in general are BAD.

Fraud, war, lies, pain, extreme religion are GOOD.

I hope aliens come and kill us all for water/oil/food what have you…we don’t deserve the awesomeness that life on Earth is and should be.

Viva Ahmedinejad!

Mike | 9/16/2009, 11:09 am EST

I don’t think most Super Bowl fans were all that interested in seeing Justin Timberlake and Janet anyway.

Spirit of the Waste | 9/16/2009, 11:13 am EST

PS

God breast America!

StrummerJones | 9/16/2009, 11:33 am EST

Oh, no!

Tits!

Kevin in Canada | 9/16/2009, 11:39 am EST

I’m sorry if I seem critical, but only in America could a country get its knickers in a knot over an unplanned nipple view. Sad that some people want America to live in a prudish Fifties-style environment forever. Just another reason for lawyers to make money, I guess.:(

THEROOSTERROCKS | 9/16/2009, 12:07 pm EST

HOW MUCH HAS THIS COST THE GOVERNMENT

The Octagon | 9/16/2009, 12:14 pm EST

The funny thing is, we didn’t even see nipple. Just nipple shield.

Goober | 9/16/2009, 2:45 pm EST

I agree with the FCC. I have been going to a psychiatrist ever since I saw that split second of Janet’s boob. I no longer watch football especially any more Superbowls. I stay away from black women. And whenever I have sex with my wife I tell her to always keep her top on because of that haunting split second I saw 4 years ago. I even considered suicide! Damn you Janet Jackson! Damn you to hell!

obla di obla da | 9/16/2009, 4:23 pm EST

mmmm….mmmm…nipple….femal e nipple….janets nipple…slurp slurp slurp…whats the scoop…i liking it.

Christobel | 9/16/2009, 7:35 pm EST

FCC Fuck Off!

Black Hole Sun | 9/16/2009, 8:00 pm EST

I agree with Kevin, our puritanical hypocrisy is what causes us to drag stupid lawsuits like this one for years on end. And the FCC’s excuse that Janet’s “wardrobe malfunction” was exposed “to a nationwide audience composed of millions of children and adults” is total and utter crap. Lady Gaga is the epitome of indecency, yet she can perform on national television with fake bloods spattering all over her body with no consequence.

Itsme M | 9/16/2009, 8:27 pm EST

Come on FCC…MOVE ON!!!

Anonymous | 9/16/2009, 8:55 pm EST

what a waste of time and money the fcc and americans need to learn to learn that they are much larger issues then a breast on tv

ryan | 9/17/2009, 12:51 am EST

we dont care. it wasnt a big deal so stop writing about this. thanks

tony | 9/17/2009, 9:15 pm EST

Just let it go. Everytime Janet come out with something new here it go again about a NIPPLE. Let it go and talk about something that’s more important. It is want it is. BEAT IT.

Ron | 9/17/2009, 9:42 pm EST

Move on…NO ONE CARES!!!! NO ONE CARED ALL ALONG!!!!! It was a distaction used by the governement and the media to take peoples mind off of all the real issues like the war that is still going on. Now that is an issue.

R.I.P MJ :-( | 9/18/2009, 11:58 am EST

OMG…. MOVE ON!!! The poor girl is in enough pain after just losing her brother, and then this shit is brough up again!!

-Get over it!!!

R.I.P MJ

sherrilyn | 9/18/2009, 5:18 pm EST

that incident was an ACCIDENT ,YOU PEOPLE SHOULD JUST FORGET IT ,AND STOP MAKING A BIG DEAL ABOUT IT.IT’S BEEN FIVE YEARS NOW SO LET IT GO…

SUZIE | 9/18/2009, 5:21 pm EST

STOP BEING SUCH HYPOCRITES,WHO HAS NOT SEEN A NIPPLE/BREAST BEFORE?I AGREE WITH HER ,IT WAS AN ACCIDENT.IT WAS NOT PLANNED IT JUST HAPPENED

thawkins | 9/19/2009, 2:28 am EST

damn Rolling Stone can you move the fuck on? the rest of America has.. y is it that now that she’s in the light again this shit needs to be in the light as well.. if nothing else, show some decency and remove this info from ur site!

JP | 9/19/2009, 12:51 pm EST

Quote: “FCC is still arguing that the network is to blame and that exposing ‘Jackson’s bare right breast to a nationwide audience composed of millions of children and adults was indecent.’”

Yeah, all those poor babies that were breastfed must be scarred for life.

Seriously, I watched the halftime show. It was a blink-and-you-miss-it moment. Fact that this is still in the court system and our government is still trying to press charges shows that they have no common sense. Who knew that our government would make a federal case out of Janet Jackson’s nipple?

Aiden | 9/19/2009, 5:10 pm EST

get over it no one cares there are more importent things….. i though it was great what would happen if she got both of em out oh my god end of the world.

MG | 9/20/2009, 3:15 am EST

Who the F**K cares!!! Does RS have nothing else to talk about? Move on….

wow | 9/20/2009, 10:16 pm EST

really? really people? this is a big deal? nobody even saw her real nipple. why would anybody talk about it..why would anybody talk about it NOOWWW??..out of all the days and monthssss that passed..this is sick. she got so much shxt to deal with right now and this stupid situation shouldnt be one of them

mermaid | 9/23/2009, 3:09 am EST

truly a bizarre reaction to a silly stunt. i would say she was more successful in exposing something real about our culture than she ever dreamed of by showing her (completely covered) nipple. Gasp! A nipple!! Meanwhile, 50% of American fathers are getting drunk in front of their children while watching the Superbowl. A great point was made by a certain brother of Janet’s about the Oscars in 1974 when a naked man ran across the stage and the next day it was a joke. Why is that? Have we regressed or are there different standards for… oh i don’t know… you finish that sentence.

annoyed | 9/23/2009, 3:13 am EST

it gets so old reading the same comments of “aren’t there more important things to talk about?” or “let’s just move on” or “people are dying in wars, why are we talking about this?” comments. it’s ROLLING STONE. what are you expecting them to talk about, if not about updates to big scandals pertaining to musical performances and artists? Let me tell you something… articles are written and published, because SMART PEOPLE research and decide what people want to read about. Obviously there is an interest in this story and in the people involved. Don’t you have anything more important to do than ask if there’s anything more important to talk about in online article comments?

Anonymous | 10/3/2009, 8:59 pm EST

This whole Janet – Superbowl thing just shows us all how sick this country (United States) can be. This is one of the most ridiculous things EVER and I can’t stand it.

Annoyed, this story is simply an absurd and I do think serious media outlets should just let go of it.

United States = SICKNESS

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