Legal Opinion

CBS Corp. v. Federal Communication Commission

Court of Appeals for the Third Circuit

Decided August 6, 2008No. 06-3575PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this petition for review, CBS appeals orders of the Federal Communications Commission imposing a monetary forfeiture under 47 U.S.C. § 503(b) for the broadcast of “indecent” material in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The sanctions stem from CBS’s live broadcast of the Super Bowl XXXVIII Halftime Show, in which two performers deviated from the show’s script resulting in the exposure of a bare female breast on camera, a deceitful and manipulative act that lasted nine-sixteenths of one second. CBS transmitted the image over…

2Cases cited64 opinions

  1. Farmer v. BrennanSupreme Court of the United States · 1994
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  4. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  5. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1947

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3Cited by12 opinions

  1. Narayan v. EGL, INC.Court of Appeals for the Ninth Circuit · 2010
  2. CBS Corp. v. Federal Communications CommissionCourt of Appeals for the Third Circuit · 2008
  3. Fox Television Stations, Inc. v. Federal Communications CommissionCourt of Appeals for the Second Circuit · 2010
  4. New Jersey Department of Environmental Protection v. United States Nuclear Regulatory CommissionCourt of Appeals for the Third Circuit · 2009
  5. CBS Corp. v. Federal Communication CommissionCourt of Appeals for the Third Circuit · 2008

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