Four years after Janet Jackson’s right breast found itself freed before an audience of millions during a Super Bowl halftime show, the court room drama that ensued as a result, is finally over.
According to E!, a federal appeals court threw out the $550,000 indecency fine against CBS Corp. heavily lead by watchdog group the Parents Television Council.
During the 2004 performance with Justin Timberlake, Janet’s boob – with a star shaped pasty covering her nipple -- was flashed to 90 million viewers as Justin sang, “Gonna have you naked by the end of this song."
He later famously referred to the incident as a “wardrobe malfunction,” but the FCC didn’t buy it and hit the network and its affiliates with the huge fine.
A three-judge panel overturned the fine though, saying the FCC had overreacted and ignored its 30-year practice of only fining for indecent programming that is "pervasive as to amount to 'shock treatment' for the audience."
The Parents Television Council is infuriated by the decision.
"While we are not surprised that the legal venue hand-picked by CBS would rule in favor of the network, the court's opinion goes beyond judicial activism; it borders on judicial stupidity,” said Tim Winter, president of the PTC. "If a striptease during the Super Bowl in front of 90 million people— including millions of children—doesn’t fit the parameters of broadcast indecency, then what does?"
No immediate comment from the FCC, CBS, Jackson or Timberlake was available.
