Supreme Court Punts on Janet Jackson Breast Case

WASHINGTON — In a minor victory for the FCC over broadcast networks, the U.S. Supreme Court punted on the case involving Janet Jackson's breast at the Super Bowl.

The case is formally known as FCC v. CBS Corp., 08-653. CBS broadcast the 2004 Super Bowl, which featured Janet Jackson and Justin Timberlake at halftime. During their performance, Timberlake tore off part of Jackson's top, revealing one of her breasts, which bore a sun-shaped ornament on the nipple.

The incident sparked outrage from conservative groups, who complained about nudity during a family-oriented national broadcast. The FCC fined CBS $550,000 for the offense, which the network has been fighting in court ever since.

The 3rd U.S. Circuit Court of Appeals in Philadelphia struck down the fine, and although the Supreme Court didn't overturn that ruling, they did ask that lower court to reconsider its position. Last week, the Supreme Court also aligned itself with the FCC, giving its OK for the federal agency to hold the threat of fines over the heads of networks that let even a single swear word through its censors.

At odds in the lower court's decision was the idea of what constitutes "shocking." According to precedent, something would only be shocking if it was "so pervasive as to amount to 'shock treatment' for the audience." A lower appellate court hit CBS with the $550,000 fine despite this standard, even though Jackson's naked breast was only on air for less than a second.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Strike 3 Holdings Sues Meta for Pirating Vixen Media Group Content to Train AI

Vixen Media Group owner Strike 3 Holdings filed suit in federal court this week, accusing Facebook parent company Meta of copyright infringement and alleging that Meta has extensively pirated VMG content to train its artificial intelligence models.

Pineapple Support, Streamate to Host 'Navigating Grief and Loss' Support Group

Pineapple Support and Streamate are hosting a free online support group to help performers cope with grief and loss.

Friday is Final AV Compliance Deadline in UK

Friday, July 25 marks U.K. media regulator Ofcom’s deadline for user-to-user services such as tube, cam and fan sites to implement its requisite “highly effective age assurance” measures for preventing minors from viewing adult content.

AEBN Publishes Popular Searches for May, June

AEBN has released the top search terms for the months of May and June from its straight and gay theaters in all 50 states and the District of Columbia.

Ofcom Releases Transparency Reporting Guidelines

Ofcom, the U.K. media regulator, has made public its official guidance detailing how online service providers — including adult sites — will be required to publish annual transparency reports on their efforts to protect children from online harms.

New AV Rules Take Effect for Ireland-Based Sites

Ireland’s Online Safety Code came into force Monday, including a provision requiring adult sites headquartered in Ireland to implement age assurance measures beyond self-declaration.

XBIZ Amsterdam Calls on New Startups for 'Spotlight' Program

XBIZ is pleased to announce that its new “Startup Spotlight” programming will make its European premiere at XBIZ Amsterdam 2025, set to take place Sept. 2-5 at the Jakarta Hotel Amsterdam.

Texas Resumes AV Lawsuit Against Aylo Following SCOTUS Decision

A district court judge in Texas has unfrozen the state’s $1.6 million lawsuit against Aylo for allegedly failing to comply with age verification requirements, Bloomberg Law is reporting.

JuicyAds Wins Trademark Infringement Case Against Fraudulent Domain

JuicyAds has won its World Intellectual Property Organization (WIPO) case against a website using a similar domain to impersonate the company's site and defraud customers.

Anissa Kate, Jordan Starr Top AEBN for Q2 of 2025

AEBN has published its top-selling stars for the second quarter of 2025, with Anissa Kate landing atop the leaderboard for straight theaters and Jordan Starr heading up the gay rankings.

Show More