media laws in california
media laws in california
A Palm Desert & San Diego California Broadcast Lawyer Disrobes the Cbs Janet Jackson Super Bowl Halftime Wardrobe Malfunction Fine
In 2004 as people watched with great interest the Super Bowl halftime show in towns across America, in San Diego, California, in Orange County, CA, in Los Angeles, La Jolla, Hollywood, Del Mar, Pacific Beach, Carlsbad, Malibu, Oceanside, San Marcos, Vista and Escondido or the cities of Huntington Beach, Westminster, Buena Park, Anaheim, Santa Ana, Costa Mesa, Irvine, Newport Beach, Corona del Mar, Laguna Beach, and Laguna Hills, Buena Park, Temecula, Indian Wells, La Quinta, or Palm Springs, unless they taped the game, they missed a split second of exposed skin by Janet Jackson.
It wasn’t until the press and people played it back in slow motion, that they saw what people would later claim horrified them. One of Janet Jackson’s upper body supports holding in one of her chest assets had fallen away revealing a bit of something only previously shown in more detail on cable TV. And unless you were in a coma in the firestorm that followed, you had the term “wardrobe malfunction” ingrained into your vocabulary. Even attorneys and lawyers began using the term when they appeared late at court.
Here it is 2008. Children have not had to have years of counseling despite the initial claims by conservative groups that they would, and the incident is still being litigated. In July 2008, the Third Circuit vacated an FCC fine of $550,000 assessed against CBS for the nine-sixteenths of a second when Janet Jackson’s breast was exposed during the halftime show of Super Bowl XXXVIII in February 2004 and remanded the case back to the FCC. However, the court made it clear that the FCC cannot retroactively punish CBS and had better not try.
The court held that the FCC improperly departed from its prior policy of allowing a fleeting image and that this departure was arbitrary and capricious. What the ruling did not, but should of said, was that the FCC was so pressured into its fine by conservatives, including those in the FCC and the executive branch of the current administration, that it acted like idiots.
First Amendment and Constitutional Lawyers such as myself have applauded the decision especially when myself and others received moronic calls from persons claiming that they or their family members suffered immeasurable harm when they watched recordings of the halftime show over and over and over.
Conservative groups were less pleased with the ruling. However, the court ruled that, without proof that CBS knew beforehand that some indecency was about to occur, the FCC could not find that CBS was liable, especially in view of the fact that Janet Jackson and Justin Timberlake were independent contractors and not CBS employees.
To prevent the FCC from now simply providing a rational explanation for disallowing unintentional fleeting and indecent images and putting broadcasters on notice of this policy so they can fine broadcasters in the future and make it impossible to ever again dare to show a live performance on TV just as they have not dared to since the fine was imposed, the court said that unintentional broadcasts of alleged fleeting indecent images may not be punished absent a showing of scienter, i.e. a knowing or reckless violation of indecency law. If a broadcaster endeavors to exercise proper control but fails to prevent unscripted indecency, it will not have acted with scienter if its actions were negligent rather than reckless.
Thus the FCC’s attempt to establish a draconian power to fine broadcasters off the air and out of business for broadcasting unintentional fleeting images, a power which has for the past few years and which would forever absolutely chill our First Amendment rights, by this conservative administration, is over.
Perhaps with the next administration, whichever party gets into office, the idiots at the FCC who suffered their own brain malfunction and imposed this fine can be booted out into the street and be remanded to read the Constitution.
If you have a broadcast, media, constitutional, first amendment or FCC law issue in San Diego, Newport Beach, Irvine, Orange County, La Jolla, in the Inland Empire, Los Angeles, Palm Springs or anywhere in Southern California, we have the knowledge and resources to be your California Broadcast Lawyer and your Palm Springs and San Diego Broadcast Attorney. Be sure to hire a California law firm with broadcast law experience who can serve areas such as Los Angeles, Palm Springs, Palm Desert, Anaheim, Irvine, Beverly Hills, Malibu, Newport Beach, Carlsbad, Corona del Mar, Laguna Beach, Huntington Beach, Santa Ana, Rancho Cucamonga, Ontario, Fullerton, Del Mar, San Diego, Orange County, San Luis Obispo, Buena Park, La Jolla, Oxnard, Ventura, La Quinta, and Santa Barbara so you are properly represented.
If you have a broadcast, media, constitutional, first amendment or FCC issue of any kind, call the Law Offices of R. Sebastian Gibson, or visit our website at http://www.sebastiangibsonlaw.com and learn how we can assist you.
About the Author
The Sebastian Gibson Law Firm serves all of San Diego, Orange County, Palm Springs and Palm Desert, the Coastal Cities from La Jolla, Carlsbad and Del Mar to Laguna Beach, Newport Beach, Irvine, Santa Ana and up to Ventura, Oxnard, Santa Barbara and San Luis Obispo. We also serve the Inland Empire cities of Ontario, Rancho Cucamonga, Temecula, Riverside and San Bernardino and all the cities in the Coachella Valley and high desert, from La Quinta, Indio, and Coachella to Yucca Valley and Victorville.
Visit our website at http://www.sebastiangibsonlaw.com if you have a broadcast, media, constitutional, first amendment or FCC legal issue of any kind. We have the knowledge and resources to represent you as your California Broadcast Lawyer and San Diego Broadcast Attorney or your attorney in and around the cities of Palm Springs, Palm Desert, San Diego, Orange County, Corona del Mar, Newport Beach, Santa Ana, Laguna Beach, Anaheim, Riverside, Chula Vista, Irvine, San Bernardino, Huntington Beach, Fontana, Moreno Valley, Oceanside, La Jolla, Del Mar, San Marcos, Rancho Cucamonga, Ontario, Garden Grove, Palmdale, Long Beach, Corona, Yorba Linda, Escondido, Orange, Fullerton, Costa Mesa, Victorville, Carlsbad, Temecula, Murrieta, Mission Viejo, El Cajon, Vista, Westminster, Santa Monica, Malibu, Westwood, Hesperia, Buena Park, Indio, Coachella, Del Mar, Oxnard, Ventura, San Luis Obispo, Cambria and Santa Barbara.
Why are americans being forced to vote for McCain or Obama if neither was born in the US?
There was a court case in California a couple of months ago to make an exception so McCain, born in Panama, could become president, now there are stories that Obama was not born in the US. In Canada you have a birth certificate if you’re born here, no complications. But the US seems so bizarre. Why are americans being forced by their media and having laws twisted to choose one of two men who likely cannot even be their president?
See: http://www.wnd.com/index.php?fa=PAGE.view&pageId=71763 about faked birth certificate used for Obama. He is likely really either Kenyan or Canadian.
Where do you people come up with this stuff? I have heard the demonstrably false rumors about Obama not being a natural born American citizen, but this is the first time I’ve heard it about McCain. Just for the record, Obama was born in Hawaii, after it became a US state, and McCain was born, not in “Panama,” but in the Canal Zone, which was a piece of American territory in Panama. McCain’s father, a naval officer, was stationed there. But beyond that, a person is an American citizen if at least one of his parents is an American citizen, regardless of where he is born. Both of the candidates are natural-born American citizens — a prerequisite for being president — Obama because he was born in the US and McCain because he was born to American citizens. There has been no need to grant any “exceptions.”
Addendum: You go from bad to worse, sdgls, linking to a World Net Daily site. Even then, did you actually read that whole article. Nowhere in there did it say that it was “likely” that Obama was born in Canada or Kenya. It said that there were “reports, so far unconfirmed,” that he might have been born in one of those places. Boy, that sounds like rock-solid evidence to me. I’ll tell you what — when those reports become confirmed, get back to us on it. I won’t be holding my breath.
Look, I’ve said this before and I’ll say it again: if there were an iota of truth to this, the Republicans would have been all over it. Even before that, the Clinton campaign would have been all over it. The fact that you find this tripe only on right-wing blogs is evidence that there is no “there” there.
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