On February 1, 2004, I was watching Janet Jackson and Justin Timberlake wind up the Super Bowl halftime show and thought I saw something odd. Being not only a First Amendment and communications lawyer but also having been a TiVo early adopter, I scrolled back and confirmed: Monday was going to be a busy day.
Almost immediately, the Federal Communications Commission (FCC) was investigating CBS for what became known as "Nipplegate." The network then turned to my boss, who enlisted my help, to defend against indecency charges. Years of opposition before the agency and in appeals court followed. During that time, the FCC also proposed to fine CBS even more for an episode of Without A Trace with a scene depicting a teenage hook-up party, which the commission claimed was impermissible under its indecency standards.
Eventually, the network prevailed in court, and the FCC had to cut CBS a check returning the fines it had paid for the halftime show. (The Without a Trace matter ultimately got dropped.)
