CBS, FCC File More Briefs In 'Wardrobe Malfunction' Case
May 21, 2010 at 12:38 PM (PT)
CBS and the FCC have filed supplemental briefs with the Third Circuit Court of Appeals in the SUPER BOWL halftime indecency case, reports BROADCASTING AND CABLE's JOHN EGGERTON, and the network is arguing that the law cannot find it guilty of a fineable offense because it had no intent to air indecent material.
The Third Circuit is reviewing the case again on remand from the Supreme Court and asked CBS and the FCC for additional briefs on intent after oral arguments on FEBRUARY 23rd.
In its brief, CBS argued that specific intent is necessary for liability, and, absent a showing of intent, the court should reaffirm its original decision that vacated the fine and not remand the case back to the Commission. The FCC's brief argued that the intent that matters in this case was CBS' intent to air the live halftime show, for which it failed to initiate steps to prevent an indecent act from airing; the Commission has asked the court to remand the case to allow the FCC to further explain how it arrived at the fine.