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WASHINGTON The Federal Communica-
tions Commission defended its decision to fine CBS $550,000 for Janet Jackson’s “wardrobe malfunction,” arguing Tuesday in federal court that the network ignored signs that the provocative performance was about to go too far.
FCC lawyer Eric Miller told a three-judge appeals panel in Philadelphia that CBS was indifferent to the risk that “a highly sexualized performance” might cross the line.
During Jackson’s performance with Justin Timberlake at the 2004 Super Bowl, Timberlake sang the lyrics, “Gonna have you naked by the end of this song,” and that’s exactly what happened, Miller said.
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