Court Overturns FCC Fine for Wardrobe Malfunction

An appeals court overturned the FCC's fine against CBS for Janet Jackson's 2004 Superbowl "wardrobe malfunction."

During the halftime performance by Jackson and Justin Timberlake, Timberlake ripped some piece of wardrobe from her boob, revealing her bare breast. For a very brief second. I discussed it here on this very blog (though that's back when it was on Fear the Outside and I do not want to link to the post because I want it to fall out of the search engines) when it happened. As I said then, I was watching the TV as it happened and did not realize her breast had been exposed until afterward.

But this is not censorship, anymore than saying you cannot scream "Fire!" in a crowded theater is; this is basic, community standards meant to protect children, as well as others who simply don't want to see someone's boobs. As Fox Mulder might say, "They're out there," though it still sounds incredulous.

Timberlake later said the gaffe was a "wardrobe malfunction," a phrase which quickly entered the pop-culture lexicon and has been referenced countless times since. The FCC held CBS liable to the tune of $27,500 for each of its 20 stations - $550,000 total! The appeals court ruled CBS could not be held responsible for the actions of the independent contractors (which is what the performers were).

© C Harris Lynn, 2008