The FCC today appealed its loss in the indecency suit against singer Janet Jackson by asking the U.S. Supreme Court to review the case. During halftime of the 2004 Super Bowl, singer Justin Timberlake deliberately removed part of Jackson’s costume and exposed a pastie-covered breast for approximately one second before a worldwide television audience—including millions of children who we are to believe now suffer from recurring chocolate boob nightmares.
The 3rd U.S. Circuit Court of Appeals threw out the case against Jackson in July (strangely, Timberlake was never sued), but the politically conservative FCC considers the matter of a female breast so weighty that two previous losses leave it undeterred in its desire to impose a six-figure fine on the singer and CBS Television. No word yet on whether the Supreme Court, also politically conservative, will hear the case.
The FCC has appeals pending as well in indecency cases against Cher for uttering “fuck” during the 2002 Billboard Music Awards, and against Nicole Richie, who doubled down the following year at the same awards show by blurting “fuck” and “shit”. U2 lead singer Bono also said “fuck” on American television in 2003, during a Golden Globes Awards broadcast (strangely, he was never sued). As for Pulp Intl., we’re safe for the moment—we think.