This morning, a federal appeals court in Philadelphia will consider whether the notorious “wardrobe
malfunction” that bared singer Janet Jackson’s breast during a televised 2004 Super Bowl halftime show was indecent, or merely a fleeting and accidental glitch that shouldn’t be punished. Marjorie Rendell — also known as Midge, wife of Gov. Rendell — is one of the judges who serves on the Third U.S. Circuit Court of Appeals hearing the case. The court will hear arguments about the Feb. 1, 2004 halftime show when 90 million Americans watched singer Justin Timberlake pull off part of Janet Jackson’s bustier, briefly exposing one of her breasts. The episode was later explained as a problem with her costume.
The FCC fined CBS Corp. $550,000. CBS challenged the fine, claiming “fleeting, isolated or unintended” images should not automatically be considered indecent. The agency noted it has long held that “even relatively fleeting references may be found indecent where other factors contribute to a finding of patent offensiveness.” The case is being argued at a time when the Federal Communications Commission’s enforcement regime regarding broadcast indecency is in a state of flux.
INQUIRER: Thanks For The Mammaries, Midge