The network says that the FCC “failed to turn up a shred of evidence suggesting that anyone at CBS participated” in the Super Bowl halftime show “wardrobe malfunction.” The comments come in a court brief in the Circuit Court of Appeals in Philadelphia, where the network is challenging a $550,000 fine. CBS says further that the Janet Jackson breast-baring incident was a case of “blink and you will miss it” — 9/16 of a second, to be exact — and that much of the audience didn’t notice. The FCC begs to differ, obviously. CBS did pin the blame on the incident on Jackson and Justin Timberlake, claiming that they “independently and clandestinely devised the finale” to the halftime show. CBS and other networks are waging a full-scale challenge to the FCC’s methods of indecency punishment, calling them arbitrary and chilling to free speech.
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