Today the Supreme Court ordered the 3rd U.S. Circuit Court of Appeals to re-examine its 2008 ruling throwing out the $550,000 indecency fine levied against CBS by the Federal Communications Commission, saying the FCC had ignored its own approach of applying identical standards to words and music when analyzing indecency complaints.
In its ruling for CBS, the appellate court noted the nipple slip lasted nine-sixteenths of one second, and that the moment should have been regarded as “fleeting.”
The Supreme Court ordering the appellate court to re-examine its CBS ruling comes on the heels of last week’s court decision regarding fleeting expletives, otherwise known as unexpected cuss words, spoken during live broadcasts.
The dirty words brouhaha rose from two award shows where a word-that-cannot-be-spoken-on-TV was spoken. Bono, Cher and Nicole Richie were credited with the broadcast faux pas, resulting in FCC fines for networks carrying the programs.
In that decision, the court threw out a ruling by the 2nd U.S. Circuit Court of Appeals in New York that found in favor of a Fox Television-led challenge to the FCC’s fining broadcasters for words spoken during live broadcasts of two awards programs. The court of appeals decision returned the case to the FCC for a “reasoned analysis” of the agency’s tougher policy on indecency.
Upholding the FCC fines, Justice Antonin Scalia referred to Cher and Richie as “foul-mouthed glitteratae from Hollywood,” but didn’t venture an opinion on whether Bono represents glitteratae from Dublin, foul-mouthed or otherwise.
Now the highest court in the land has ordered an appeals court to reconsider its pro-CBS ruling that the wardrobe malfunction was a brief accident rather than a moment of moral turpitude purposely inflicted upon a chaste and innocent Super Bowl TV audience by evil Hollywood execs wanting to corrupt America’s viewers by showing a brief glimpse of Jackson’s right nip.
Which brings us to the video of the notorious wardrobe malfunction. Needless to say, this might be NSFW where you toil.