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August 2008 - Posts
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On July 21, a three-judge panel of the U.S. Court of Appeals for the Third Circuit issued its decision in a closely-watched case arising out of the infamous moment during the 2004 Super Bowl when Janet Jackson's breast was bared for a fraction of a second. The Federal Communications Commission (FCC) imposed a $550,000 fine on CBS, the broadcaster, based on Jackson's nudity. CBS then challenged the fine in court. The panel ruled in CBS's favor. Unfortunately, however, its ruling is largely limited to the particular context of FCC policy as it stood at the time of the Super Bowl. If the same kind of incident were to happen this year, the fine might be upheld - especially if the performer at issue were an employee of the broadcaster, rather than an independent contractor like Janet Jackson. ...
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