An appeals court has overturned the $550,000 fine levied against CBS after Janet Jackson bared her breast for a fraction of a second during the 2004 Super Bowl broadcast.
Will it ever be safe to walk our nation's streets again?
The issue of "fleeting obscenity" has been getting litigated for a long time, with regard to multiple events. I remember talking two years ago to an appeals attorney who was working for NBC, which had to cope with Bono's "fucking brilliant" when he was getting an award. He's now going to the Supreme Court on the question. It's almost more a matter of basic justice than of the First Amendment. The public owns the airwaves and can restrict what's said on them, including obscene or indecent things. The problem with these fleeting obscenities or indecencies is that the network had not approved them, so to fine the network is incredibly unfair.
The issue of "fleeting obscenity" has been getting litigated for a long time, with regard to multiple events. I remember talking two years ago to an appeals attorney who was working for NBC, which had to cope with Bono's "fucking brilliant" when he was getting an award. He's now going to the Supreme Court on the question. It's almost more a matter of basic justice than of the First Amendment. The public owns the airwaves and can restrict what's said on them, including obscene or indecent things. The problem with these fleeting obscenities or indecencies is that the network had not approved them, so to fine the network is incredibly unfair.
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