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JW Files Complaints Over Indecent Superbowl Broadcast Seeks Accountability of CBS On February 1, 2004 CBS broadcast giants CBS and MTV Networks combined to produce an indecent and perhaps illegal halftime show during the Superbowl. Millions of families and children were subjected to simulated sex acts, song lyrics glorifying the use of drugs, and violent sex before bearing witness to Janet Jackson's "wardrobe malfunction." In fulfilling its commitment to ensure that no one, including a large television network, is above the law, Judicial Watch has filed a formal complaint with the Federal Communications Commission and has called on Attorney General John Ashcroft to initiate a full investigation into the circumstances surrounding the indecent and criminal broadcast. "Not only was the Superbowl halftime show an exhibition in vulgarity, but it clearly violated federal decency statues," said JW President Tom Fitton. "The FCC has a responsibility to protect all Americans - especially children - from obscene and indecent programming. They must take this responsibility seriously and enforce the law." JW pointed out to the FCC and to Attorney General Ashcroft that according to federal law, specifically 18 U.S.C. § 1464, "Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both." The law applies to television broadcasts as well. The Federal Communications Commission is charged with the responsibility of enforcing this ban against broadcasting obscene and indecent programming. According to a statement by the FCC, the courts have determined that such a ban can be implemented between the hours of 6:00 a.m. to 10:00 p.m. without violating the First Amendment. The Superbowl halftime show was broadcast during the 8:00 p.m. to 9:00 p.m. hour, right in the middle of prime time on the east coast. "Without question, the indecent acts displayed during the Halftime Show violate community standards for family programming. As such…offenders are jointly and severely liable for violations of federal criminal law, as well as FCC Regulations," Judicial Watch wrote in its complaint filed with the FCC on February 3. "We urge you to enforce federal law to its fullest extent in this matter. American families, and especially our children, deserve nothing less." In its complaint, Judicial Watch specifically names CBS, MTV, Viacom, Inc., Janet Jackson, Justin Timberlake, P. Diddy, Nelly and Kid Rock, all of whom participated in the program. Timberlake was the individual responsible for exposing Janet Jackson by tearing her costume after lyrically promising to have her naked, "by the end of this song." Sidebar: "We respectfully request that the Department of Justice investigate and vigorously prosecute any and all violations of Federal law by all who participated in this breach of public trust and disgraceful misuse of the public air waves." - February 5, 2004 letter from JW President Tom Fitton to Attorney General John Ashcroft. JW Verdict readers can learn how to file their own complaint with the FCC by logging on to www.fcc.gov/cgb/complaints.html.
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