Brownback Blasts Judge's Ruling in Super Bowl Indecency Case

A Kansas Senator says he's disappointed CBS won't be fined for the 2004 Super Bowl halftime show featuring a Janet Jackson wardrobe malfunction.

An appeals court overturned the FCC's fine of CBS Monday.

In 2006, Sen. Sam Brownback, R-Kansas, authored the Broadcast Decency Enforcement Act, which increased fines for broadcasting obscene, indecent or profane material. Brownback says if broadcasters don't keep their content free from such things, they should be held accountable and face suitable fines.

“I am disappointed that this panel of federal judges apparently does not take seriously the viewpoint of many Americans,” Brownback said in a statement Tuesday. “These judges failed to acknowledge that Janet Jackson’s so-called ‘wardrobe malfunction’ was distasteful and shocking for viewers, but based on all the calls and letters my office received in the days following the Super Bowl, I disagree. Radio and television waves are public property, and it is a privilege for broadcasters to use those public airwaves."

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