CBS, FCC Still Fighting Over Janet Jackson’s “Wardrobe Malfunction”

by Mark Joyella | 12:00 pm, December 28th, 2010

» 11 comments

Odds are the only thing you remember about the 2004 Super Bowl is what happened during Janet Jackson and Justin Timberlake‘s halftime performance. As Broadcasting & Cable reports today, the FCC’s not over it, and CBS hasn’t given up the fight.

CBS has been relentlessly fighting the FCC’s initial fine–$550,000–for the “wardrobe malfunction” that exposed Jackson’s breast.

The fine was found to be “arbitrary and capricious” by an appeals court, but that ruling’s being reviewed by the court amid questions over whether CBS knew ahead of time about the cleavage reveal. As B&C reports, the fine has now taken a back seat to an even bigger battle: the First Amendment.

The Third Circuit had sought input on whether, if CBS was found to have knowledge of the “reveal,” the FCC should be applying the criminal or civil recklessness standard. The FCC argues it should be the latter, which would mean CBS could be culpable even if it was not aware of what Jackson and Justin Timberlake were going to do, so long as it should have been aware. The criminal recklessness standard applies only if CBS had been aware of the risk and chose to disregard it.

CBS argued that the First Amendment implications of content regulations on speech requires a heightened scrutiny comparable to the criminal liability standard, but the FCC said no. “Although broadcasters engage in speech, they are not like other speakers. A broadcast licensee is ‘granted the free and exclusive use of a limited and valuable part of the public domain,’ in exchange for which it agrees to be ‘burdened by enforceable public obligations,’ including the obligation not to broadcast indecent material,” the commission said, quoting language from previous court decisions.

cbs, FCC, Janet Jackson, Justin Timberlake, Super Bowl, wardrobe malfunction

timzank

Wait until you see the FCC completes it’s takeover of the internet. Fun times ahead.
Big Eddie

At least CBS nipped this in the bud .
Probably NOT wrong

Big Eddie!!! Shame, shame shame :-}
Nachi

Only in sexually retarded Murcuh!
http://www.swissarmyjew.com Keeva

timzank said:
Wait until you see the FCC completes it’s takeover of the internet. Fun times ahead.

Hmmm, This happened in 2004. Who was in charge in 2004 that thought a bare breast on TV was the worst thing in the world? Who created the regulations? Who put the fine at $550K? And who laid the groundwork to give the FCC that control…in 2004?
writer

Enough of this tit for tat!
HKGuy

A split second shot of a nipple (covered with a star), and America goes batshit. We really are a nation of provincial yahoos.
PC Kryptonite

Keeva said:
Hmmm, Who created the regulations? Who put the fine at $550K? And who laid the groundwork to give the FCC that control…in 2004?

Was it Woodrow Wilson? Was it FDR? Was it Richard Nixon? Was it Jimmy Carter? You know the guy who gave us the Department of Education and gave one of the highest civilian awards to the anti-American founder of the ACLU, no no no. Bill Clinton that’s it! Or maybe Barack Hussein Obama?

Take your pick the federal government has been steadily growing for a 100 years unconstitutionally grabbing more power but one of the worst thing that was done was allowing government workers to unionize, you can stick a fork in it from then on bigger government equals job security, salaries fat bloated pensions and the private sector be damned!

The question is what are we going to do about it, was last November a flash in the pan or are we actually going to restore our limited government Constitutional Republic?

I always thought that Janet Jackson was just Michael in drag.
timzank

Keeva said:
Hmmm, This happened in 2004. Who was in charge in 2004 that thought a bare breast on TV was the worst thing in the world? Who created the regulations? Who put the fine at $550K? And who laid the groundwork to give the FCC that control…in 2004?

That’s sorta my point numbnutz, do you want this kind of suppression to happen on the internet also regardless of which politicians dick happens to be in your mouth at the time?
timzank

KEEVA..This is a list of the FCC fines levied by a Democrat Director during the 90′s……The FCC….

Evergreen Media, WLUP(AM)
James H. Quello (D)
Jan. 13,
1991
Shock jocks Steve Dahl and Garry Meier discuss penis size.

Feb. 25,
1993
25
$33,750
Paid
March 17,
1994
$10,000
Paid as part of 1994 settlement

The Rusk Corp., KLOL(FM)
James H. Quello (D)
March 14,
1991
Discussion of penis size.

May 6,
1993
25
$33,750
Paid
May 26,
1993
$33,750

Mel Karmazin/Infinity Broadcasting &
Sagittarius Broadcasting/
WXRK, WYSP, WJFK
James H. Quello (D)
Nov. 10,
1992
Howard Stern discusses size of actor Richard Gere’s penis, among other sexual matters.

Aug. 12,
1993
9
$500,000
Paid
Sept. 5,
1995
$500,000
Paid as part of settlement

Americom Las Vegas,
KFBI(FM)
James H. Quello (D)
Nov. 10,
1992
Howard Stern discusses size of actor Richard Gere’s penis, among other sexual matters.

Aug. 12,
1993
9
$73,750
Rescinded
July 26,
2000
$0

Case name
Chairman
(Party)
Airdate
Description
of offense
Date fine proposed
Date fine
released
Months from airdate to release of proposed fine
Original
fine
Final
outcome
Final date
Fine paid
Notes

WCKS Broadcasters/WCKS
Reed E. Hundt (D)
April 10,
1991
Station’s promos invoke shrunken testicles: “Z-93 — We keep it harder, longer.”
Sept. 7,
1994
Sept. 14,
1994
40
$4,000
Paid

$4,000

Flambo Broadcasting/KFMH
Reed E. Hundt (D)
Aug. 30,
1991
Jokes involving fellatio and pedophilia.
March 25,
1994
April 1,
1994
30
$12,500
Rescinded
July 27,
2000
$0

Agape Broadcasting/KNON
Reed E. Hundt (D)
July 12,
1992
Station plays song “I Want to be a Homosexual.”
March 25,
1994
April 1,
1994
20
$12,500
Paid
Feb. 24,
1998
$2,000
Reduced to $2,000 in
order issued Feb. 10,
1998

Grant Broadcasting/
WJPR, WFXR
Reed E. Hundt (D)
July 24,
1993
Broadcast of profanity-filled movie dialogue.
June 4,
1997
June 24,
1997
46
$2,000
Rescinded
Aug. 1,
1997
$0
Aug. 1,
1997 via unpublished letter

Mel Karmazin/
Infinity Broadcasting &
Sagittarius Broadcasting
Corp./WXRK, WYSP, WJFK
Reed E. Hundt (D)
Feb. 6,
1993
Discussion of masturbation.

May 20,
1994
15
$200,000
Paid
Sept. 5,
1995
$200,000
Paid as part of settlement

Mel Karmazin/Infinity
Broadcasting & Sagittarius Broadcasting/WXRK, WYSP, WJFK
Reed E. Hundt (D)
Aug. 4,
1993
Howard Stern discusses pubic grooming, among other sexual matters.
Jan. 31,
1994
Feb. 1,
1994
5
$400,000
Paid
Sept. 5,
1995
$400,000
Paid as part of settlement

Rich Communications/WGRF
Reed E. Hundt (D)
Sept. 1,
1993
Hosts discuss woman having sex with a toilet plunger.
May 5,
1995
May 12,
1995
20
$4,000
Paid
May 30,
1985
$4,000

Americom Las Vegas,
KFBI(FM)
Reed E. Hundt (D)
Sept. 30,
1993
Howard Stern discusses soiled female underwear, among other sexual matters.

Feb. 1,
1994
4
$37,500
Rescinded
July 26,
2000
$0

Southern Nevada
Radio/KKLZ
Reed E. Hundt (D)
March 2,
1994
Discussion of anal sex and bodily fluids.
Aug. 19,
1994
Aug. 29,
1994
5
$8,000
Cancelled
June 22,
1999
$0

American Radio
Systems/WCMF
Reed E. Hundt (D)
Aug. 17,
1994
Defecatory humor.
June 4,
1997
June 24,
1997
33
$2,000
Paid
July 15,
1997
$2,000

Case name
Chairman
(Party)
Airdate
Description
of offense
Date fine proposed
Date fine
released
Months from airdate to release of proposed fine
Original
fine
Final
outcome
Final date
Fine paid
Notes

Benchmark
Communications/WVGO
Reed E. Hundt (D)
Oct. 23,
1995
Howard Stern has father of porn star Jenna Jameson identify his daughter’s vagina in a lineup of photographs.

Oct. 15,
1996
11
$10,000
Paid
May 5,
1997
$6,000
Reduced to $6,000

EZ New Orleans/WEZB
Reed E. Hundt (D)
Nov. 22,
1995
Several broadcasts, including sex-talk show and Howard Stern with Jenna Jameson’s father.
April 2,
1997
April 8,
1997
16
$12,000
Paid
April 11,
1997
$12,000

CBS/WXRK
Reed E. Hundt (D)
Oct. 23,
1995
Howard Stern has father of porn star Jenna Jameson identify his daughter’s vagina in a lineup of photographs.
June 4,
1997
June 24,
1997
19
$6,000
Rescinded
Feb. 5,
2001
$0
Due to passage of time

Waterman Broadcasting/
KTFM
Reed E. Hundt (D)
Jan. 26,
1996
Station plays Prince’s “Erotic City,” which includes lyrics: “We can funk until the dawn, making love ’til cherry’s gone.”

Nov. 12,
1996
9
$7,500
Rescinded
April 15,
1997
$0

Jencom Broadcasting WVIC
Reed E. Hundt (D)
June 3,
1996
Profanities.

Oct. 4,
1996
4
$8,000
Rescinded

$0

NPR Phoenix/KPTY, KBZR
Reed E. Hundt (D)
Nov. 14,
1996
Station plays Prince’s “Erotic City,” which includes lyrics: “We can funk until the dawn, making love ’til cherry’s gone.”
Aug. 27,
1997
June 19,
1998
9
$7,500
Paid
Sept. 5,
1998
$7,500

Jacor Broadcasting/WEBN
Reed E. Hundt (D)
Feb. 25,
1997
Bubba the Love Sponge describes having multiple-partner sex with a lesbian couple.
June 19,
1997
June 24,
1997
3
$4,000
Paid
Sept. 16,
1997
$4,000

Eagle Radio/KEGL
William E. Kennard (D)
Sept. 30,
1993
Howard Stern discusses soiled female underwear.
June 4,
1998
June 5,
1998
56
$2,000
Paid
June 22,
1998
$2,000

Clear Channel/KKND
William E. Kennard (D)
Feb. 7,
1997
Various sexual discussions with Howard Stern including zoophilia.

June 29,
1998
16
$6,000
Paid
Sept. 11,
1998
$6,000

Case name
Chairman
(Party)
Airdate
Description
of offense
Date fine proposed
Date fine
released
Months from airdate to release of proposed fine
Original
fine
Final
outcome
Final date
Fine paid
Notes

Infinity Broadcasting/KROQ
William E. Kennard (D)
March 28,
1997
Broadcast of profanity-filled song “You Suck” by Consolidated.

Aug. 24,
1998
16
$2,000
DOJ declined to prosecute

$0
Closed May 2,
2003. U.S. attorney’s office declined to pursue.

Citicasters/WXTB
William E. Kennard (D)
May 8,
1997
Various broadcasts with Bubba the Love Sponge including purported on-air enema.

Oct. 16,
1998
17
$23,000
Paid

$23,000

Citicasters/WXTB
William E. Kennard (D)
June 12,
1997
Various sexual discussions with Bubba the Love Sponge including female caller purportedly masturbating with telephone.

Aug. 10,
1998
13
$4,000
Paid
Sept. 10,
1998
$4,000

Tempe Radio/KUPD
William E. Kennard (D)
Aug. 2,
1997
Unknown
Dec. 10,
1997
Dec. 17,
1997
4
$2,000
Paid
Jan. 17,
1998
$2,000

Back Bay Broadcasting/
WWKX
William E. Kennard (D)
March 16,
1998
Host uses profanities.

March 17,
1999
12
$7,000
Paid
May 3,
1999
$7,000

WQAM LLP/WQAM
William E. Kennard (D)
May 20,
1998
Sexual novelty songs, discussion of sexual enema with caller.

July 22,
1999
14
$35,000
Paid
June 10,
2002
$35,000
DOJ settlement for full amount

Citicasters/WXTB
William E. Kennard (D)
May 28,
1998
Bubba the Love Sponge routine in which caller orders female sex doll.

Jan. 8,
1999
7
$7,000
Paid
July 20,
2000
$7,000

Clear Channel/KTXQ
William E. Kennard (D)
June 8,
1998
Lex and Terry show discusses penis size of female caller’s partner.
Oct. 5,
2000
Oct. 6,
2000
27
$7,000
Paid
Feb. 7,
2001
$7,000

LBJS Broadcasting/KLBJ
William E. Kennard (D)
June 12,
1998
Host uses profanity to insult caller.

Oct. 26,
1998
4
$3,000
Paid
Nov. 30,
1998
$3,000

Three Eagles of Columbus
Inc./KROR
William E. Kennard (D)
Feb. 26,
1999
Bob and Tom routine employs sexual double-entendre
April 27,
2000
April 28,
2000
14
$7,000
Paid
Sept. 29,
2000
$6,000
Amount reduced to $6,000

Communicast/KRXK/
Spanish
William E. Kennard (D)
Jan. 12,
1999
Female caller describes sex with husband in Spanish.
July 13,
2000
July 14,
2000
18
$7,000
Paid
Sept. 18,
2000
$2,500
DOJ settlement for $2,500

Regent Licensee/KZGL
William E. Kennard (D)
Aug. 28,
1999
Interview with adult film star who spells sexual terms for body parts, fluids.
Sept. 6,
2000
Sept. 7,
2000
12
$6,000
Paid
Oct. 12,
2000
$6,000

Citicasters/KSJO
William E. Kennard (D)
Aug. 25,
1999
Lamont and Tonelli show airs joke involving incestuous pedophilia.
Sept. 25,
2000
Sept. 26,
2000
13
$7,000
Paid
Oct. 12,
2000
$7,000

Case name
Chairman
(Party)
Airdate
Description
of offense
Date fine proposed
Date fine
released
Months from airdate to release of proposed fine
Original
fine
Final
outcome
Final date
Fine paid
Notes

Viacom/CBS/WLLD
William E. Kennard (D)
Sept. 11,
1999
Station plays rap songs with profanities.
Dec. 1,
2000
Dec. 5,
2000
14
$7,000

Agreed to be paid as part of Viacom $3.5 million consent decree.

Citicasters/KSJO
William E. Kennard (D)
Feb. 9,
2000
Lamont and Tonelli show guest gives fellatio instruction.
Sept. 25,
2000
Sept. 26,
2000
7
$7,000
Paid
Oct. 12,
2000
$7,000

Clear Channel/WZEE
William E. Kennard (D)
Aug. 24,
2000
Station plays unedited version of Eminem’s “The Real Slim Shady,” containing profanities.
Jan. 16,
2001
Jan. 18,
2001
4
$7,000
Paid
Feb. 8,
2001
$7,000
http://www.swissarmyjew.com Keeva

timzank said:
That’s sorta my point numbnutz, do you want this kind of suppression to happen on the internet also regardless of which politicians dick happens to be in your mouth at the time?

1) Do not call me numbnutz or any other cute name and try to avoid the fellatio references. If you cannot post without an insult, than don’t bother. it is immature and pointless. I insulted nobody. Why did you?

2) I never said Dems didn’t do the same thing. You read it that way. To be honest, Dems tend to be more in favor of censorship than Republicans historically. Not every comment is some kind of partisan slam for you to feast on. Deal with the reality.

3) My point was contextual. This happened at the height of the last time GOP had total control. The context is that BOTH parties have over extended government and BOTH parties are the problem.

4) You have no idea who I am or what I do. Do not make the mistake of trying to fit me neatly into one of the 2 sides on most debates. I am registered No Party Affiliation and am an equal opportunity cynic. I believe all of them are lying all of the time.