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The US broadcast regulatory agency has asked the country's top court to review the indecency case over Janet Jackson's breast-baring performance at the 2004 Super Bowl football championship.
The Federal Communications Commission this week appealed to the US Supreme Court a ruling by the 3rd US Circuit Court of Appeals in Philadelphia, saying that court was wrong to throw out the case and a 550,000 US dollar fine against CBS Corp. in July.
The appellate court cited the FCC practice of not considering objectionable images indecent if they are "fleeting."
In Jackson's halftime show at the 2004 Super Bowl, which spawned the case, she briefly flashed a breast as she performed with Justin Timberlake in a case that drew headlines around the United States.
The FCC said the court incorrectly applied a rule -- since changed -- regarding expletives that required a profanity be repeated before it is deemed indecent. The FCC contends the rule didn't apply to images.
At the time, broadcasters did not employ a video delay for live events, a practice that changed within a week of the game.
The FCC also has an appeal pending before the US Supreme Court in a New York case involving profanity uttered by Cher during a December 2002 music awards show and by Nicole Richie during a December 2003 awards show.
The agency has asked the court to rule in that earlier case before taking on the Jackson incident.
Press Association
The Federal Communications Commission this week appealed to the US Supreme Court a ruling by the 3rd US Circuit Court of Appeals in Philadelphia, saying that court was wrong to throw out the case and a 550,000 US dollar fine against CBS Corp. in July.
The appellate court cited the FCC practice of not considering objectionable images indecent if they are "fleeting."
In Jackson's halftime show at the 2004 Super Bowl, which spawned the case, she briefly flashed a breast as she performed with Justin Timberlake in a case that drew headlines around the United States.
The FCC said the court incorrectly applied a rule -- since changed -- regarding expletives that required a profanity be repeated before it is deemed indecent. The FCC contends the rule didn't apply to images.
At the time, broadcasters did not employ a video delay for live events, a practice that changed within a week of the game.
The FCC also has an appeal pending before the US Supreme Court in a New York case involving profanity uttered by Cher during a December 2002 music awards show and by Nicole Richie during a December 2003 awards show.
The agency has asked the court to rule in that earlier case before taking on the Jackson incident.
Press Association