Wardrobe Malfunction Put On Trial

The famous Janet Jackson "wardrobe malfunction" incident heads to federal court today. The incident took place during Jackson and Justin Timberlake's halftime performance at the 2004 Super Bowl, and many speculate that the alleged accident was planned. While it was explained repeatedly that the exposure of Jackson's breast was a complete accident -- a costume error -- there is still a large part of the population that believes it was not a mistake. The Federal Communications Commission (FCC) fined the CBS Corporation $550,000 for broadcasted indecency, but CBS challenged the fine, stating that "fleeting, isolated or unintended" images shouldn't be automatically seen as indecent.

The 3rd U.S. Circuit Court of Appeals in Philadelphia is left with the task of deciding whether the incident was indecent or simply an accident that should not be punished. The FCC has been quoted as saying: "[E]ven relatively fleeting references may be found indecent where other factors contribute to a finding of patent offensiveness." There does not however, seem to be a precedent for accidental indecent images while broadcasting a live event.