Digital Media and Data Privacy Law Blog

The U.S. Supreme Court today set aside the broadcast industry's victory in the Janet Jackson indecency case.  In a two-sentence order (see case number 08-653), the Supreme Court granted the FCC's petition for writ of certiorari (we previously reported on the filing of the petition by the FCC), vacated the Third Circuit's decision that CBS owned and operated stations were not liable for the broadcast of Janet Jackson's infamous "wardrobe malfunction," and remanded the case back to the Third Circuit for further consideration in light of last week's Supreme Court decision in FCC v. Fox Television Stations, Inc.

The Supreme Court's Janet Jackson order is a disappointment to the broadcast industry, but the indecency battle will likely continue when the Third Circuit re-examines the Janet Jackson case in the future or when the Second Circuit rules upon the FCC's ability to sanction fleeting nudity in the pending NYPD Blue case.