Supreme Court to Court of Appeals: Review Nipplegate (Again)

According to the New York Times, the highest court in the land has set aside a ruling by the United States Court of Appeals for the Third Circuit, overturning a $500,000 fine levied on CBS following the broadcast of Jackson's nip slip during the 2004 Super Bowl halftime show.

In a statement, the Court urged the appellate court to give "further consideration" to its decision last July 21 to overrule the Federal Communications Commission's decision to levy the fine, arguing that the network was unaware of the organization's strict policies against "fleeting nudity" and that they should ultimately be held not responsible for the actions of Jackson and Justin Timberlake.

The appellate court buttressed their argument by saying that the exposure of Jackson's breast, though unseemly, lasted nine sixteenth of one second--barely enough time, the judges noted, for a wide receiver to cover five yards.

The Supreme Court's order comes amid an earlier decision last week that made it possible for the FCC to fine broadcast networks for broadcasts of fleeting expletives--Bono's outburst during the 2003 Golden Globes being the most famous example.

In a statement, CBS expressed disappointment but not surprise at the Court's decision to seek a different ruling than the appellate court's.

"We are confident in reviewing this case that the Third Circuit will recognize that the Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS," the network said. "This remains an important issue for the entire broadcasting industry because it recognizes that in rare instances, particularly during live programming, when despite best efforts it may not be possible to block unfortunate fleeting material."

The 2004 Super Bowl was witnessed by 90 million people. Following CBS's broadcast, the Parents Television Council--headed by L. Brent Bozell III--spearheaded a campaign to cleanse the airwaves of what they perceived as smut and profanity, influencing the course of the 2004 presidential election and the reelection of President Bush.