The tragedy that was the halftime show of the 2004 Super Bowl game is back in the news. This was a show put on by MTV productions and starred Janet Jackson and Justine Timberlake. The infamous finale of the JT song Rock Your Body came to close with Justin exposing Janet Jackson’s 40 year old breast to the world. A Philadelphia federal appeals court will re-examine the FCC fine it threw out against CBS over Janet Jackson’s what came to be known as a wardrobe malfunction. It is now in front of the 3rd U.S. Circuit Court of Appeals in Philadelphia to consider whether the FCC’s $550,000 fine for CBS is permissible. The U.S. Supreme Court last year directed the lower court to consider reinstating the fine, following a ruling in another case that said the FCC could threaten fines even for fleeting profanity. The lower court threw out the fine in 2008, saying the FCC acted arbitrarily and capriciously in issuing the fine for the half-second of nudity. Six years later and CBS still have not had to pay a fine, the lawyers and the courtrooms keep spinning and there is no end in sight. The biggest crime is the fallout the NFL has produced the lamest halftime shows and each year the artists are getting older and worse. Since 2004 we have seen Paul McCartney, followed up by the Rolling Stones in 2006. We watched the Purple Rain as 2007 was Prince and 2008 brought Tom Petty and Heartbreakers out of moth balls. In 2009 Bruce Springsteen and last month we got The Who. We think that there have been six years of halftime shows that have been a complete waste of time by old time musicians who best days have long since past. This is the penalty we have endured since Janet popped out and the halftime show went into the tank. Someone needs to pay.
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