The Janet Jackson 2004 Super Bowl half-time show indecency case was debated in court this week. A ruling is expected within a few months.
In oral arguments before the Third Circuit Court of Appeals in Philadelphia, First Amendment attorney Robert Corn-Revere argued that the $550,000 penalty imposed by the FCC for indecency will chill free speech for all broadcasters if upheld.
Corn-Revere urged the judges to overturn the fine, Reuters reported, and said CBS called the fleeting incident in which Jackson’s breast was bared “unscripted, unauthorized and unintended.”
FCC attorney Eric Miller argued that the NFL had expressed concern over the show to CBS before the incident and that the network had been warned by Jackson’s choreographer in advance that the show would contain “some shocking incidents.”