CBS was granted a reprieve from the “Control” singer’s actions (revealing a half-second of nudity) when the initial fine was tossed out by the Third Circuit court of Appeals in Philadelphia due to uneven enforcement of the FCC’s regulations. However, the appeal was kicked back down for review by the Supreme Court based on a precedent set in a Fox Television case.
CBS’ argument is that the FCC had previously applied the same decency standards to words and images — and excused fleeting instances of both. But the FCC says, “they have no argument that the image was not indecent. While fleeting, it was patently offensive,” adding that the network was forewarned of a possible shocking moment.
If CBS manages to eke out a win in their case, maybe Janet will have the same luck with her next album; it’s the eleventh hour for her music career. –gerald radford
