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Court Hears Jackson Costume Malfunction

Tuesday, September 11, 2007 3:42:28 PM
By MARYCLAIRE DALE

 Singer Janet Jackson, left, covers her breast after her outfit came undone during a number with Justin Timberlake during the halftime show of Super Bowl XXXVIII in Houston in this Feb. 1, 2004 file photo. A federal appeals court on Tuesday will hear arguments about the notorious halftime show when 90 million Americans watched Timberlake pull off part of Jackson's bustier, briefly exposing one of her breasts. The FCC fined CBS $550,000, but the network contends that "fleeting, isolated or unintended" images should not automatically be considered indecent.  (AP Photo/Elise Amendola, File)PHILADELPHIA (AP) - CBS Corp. should not be fined for the 2004 Super Bowl halftime show that ended with Janet Jackson's breast-baring "wardrobe malfunction" because the stunt was both fleeting and unauthorized, a lawyer for the company argued Tuesday.

The network also accused the Federal Communications Commission of applying "mushy" and newly restrictive standards when it fined CBS $550,000 for the half-second of partial nudity.

"The FCC's new zero-tolerance policy has already had a chilling effect on the broadcast industry, particularly with regard to television," said Robert Corn-Revere, a CBS lawyer who asked a federal appeals court panel to overturn the fine.


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