Court: Janet Jackson's exposure not illegal


Source: Politico
Author: Brooks Boliek
Coverage Type: reporting
Location:
United States Court of Appeals for the Third Circuit, 601 Market Street, Philadelphia, PA, 19106-1790, United States

Janet Jackson’s wardrobe malfunction may have been embarrassing, but a panel of three federal court judges decided it wasn’t illegal.

The court said the exposure, for nine-sixteenths of one second, of Jackson's bare right breast during the live halftime performance of the National Football League's Super Bowl XXXVIII, falls under the “fleeting expletives” exception to the Federal Communications Commission’s indecency rules. In the court’s 2-1 opinion — issued after its original decision was remanded from the U.S. Supreme Court — Judge Marjorie Rendell said the commission failed to justify its change to the rule that broadcasters weren’t liable for a slip of the lip — or, in this case, the slip of the bra.

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