The 3rd U.S. Circuit Court of Appeals in Philadelphia today threw out a $550,000 indecency fine levied against CBS for the 2004 Super Bowl halftime show.
The three-judge panel ruled that the Federal Communications Commission (FCC), which fined CBS over Janet Jackson’s infamous “wardrobe malfunction,” acted “arbitrarily and capriciously.”
Tim Winter, president of the Parents Television Council (PTC), said he was disappointed by the ruling.
“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?” he asked.
Dan Isett, PTC director of public policy, said the court is ignoring the 540,000 complaints that were filed. “Unfortunately, you have yet another instance where you have judges completely ignoring the will of the people," he said.
A bill that could clean up television is sitting in the U.S. Senate. The Protecting Children from Indecent Programming Act (S. 1780) would allow the FCC to fine broadcasters over "fleeting" instances of profanity or nudity.
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