Sports Law Blog
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Thursday, February 05, 2004

Super Bowl Halftime and First Amendment: Columbia Law professor Michael Dorf writes that the Jackson-Timberlake performance may be protected by the First Amendment, because it cannot be described as "obscene" under Miller v. California, nor "indecent" under FCC v. Pacifica (as applied in City of Erie v. Pap's).

Obviously, the case is not cut-and-dried and would make for a highly entertaining legal battle, should the FCC impose a sanction and the artists or networks appeal.