“Children, avert your eyes”:
Court Overturns CBS Fine for Super Bowl “Wardrobe Malfunction”
The verdict has been handed down—CBS will face no penalty after MTV thumbed its nose at parents during the 2004 Super Bowl XXXVIII halftime show.
The U.S. Court of Appeals for the Third Circuit recently threw out a $550,000 fine the Federal Communications Commission levied against CBS after Janet Jackson’s infamous “wardrobe malfunction” exposed her breast to over 90 million halftime viewers—many of whom were children.
“The last thing a parent expects to see when they sit down with their family to watch the Super Bowl is a strip tease,” said Rick Schatz, president and CEO of the National Coalition. “The Super Bowl has long been a family event that is enjoyed by viewers of all ages. To feature a halftime show that includes nudity and lewd behavior is unconscionable.”
While the half a million complaints received by the FCC after the Super Bowl demonstrated viewers’ disgust, the Third Circuit opened the door to future indecent programming.
“Unfortunately, this ruling will likely set a precedent that will negatively affect the quality of future entertainment on broadcast television,” added Schatz. “Parents must be more vigilant than ever in monitoring the shows viewed in their household.”
Although this ruling is a disappointment, a legislative response is in motion. Senator Jay Rockefeller has introduced the Protecting Children from Indecent Programming Act (Senate Bill 1780), which would allow single words or images that are considered to be indecent, obscene, or profane to draw civil penalties.
To help pass this legislation, we ask you to do three things:
- Contact Senator Harry Reid, Senate Majority Leader, and ask him to bring this legislation to the floor for a vote.
- Contact Senator Jay Rockefeller, thank him for introducing the bill, and ask him to help move the bill forward.
- Contact your two U.S. Senators and ask them to vote “YES” on Senate Bill 1780.
We thank you in advance for helping to protect the eyes of our children. There is still much to be done…but together we will make our voice heard!
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