Court Asks For New Briefs In 'Wardrobe Malfunction' Case
April 16, 2010 at 10:53 AM (PT)
The Third Circuit Court of Appeals has requested new briefs from the FCC and CBS in the case reconsidering the FCC indecency fine against CBS for the JANET JACKSON SUPER BOWL "wardrobe malfunction" incident it previously threw out in 2008.
BROADCASTING AND CABLE reports that a MAY 18th deadline has been set for the new briefs by the same three-judge panel that heard the original case.
The judges are asking the FCC to address the level of intent and knowledge of the incident CBS would have needed to justify the fine and whether the same standard applied in the YOUNG BROADCASTING case, in which KRON-TV/SAN FRANCISCO was fined for airing brief nudity during a segment promoting the "PUPPETRY OF THE PENIS" stage show.
Other questions go to CBS' intent in airing the incident.