In a move that makes an appeal to the U.S. Supreme Court all but likely, The Third Circuit Court Of Appeals threw out the fine against CBS-owned stations for the Janet Jackson Super Bowl “wardrobe malfunction”.
The court sided with CBS and found the FCC “capricious” and “arbitrary” in changing the rules in not holding fleeting nudity indecent, also concluding that the stations were not liable for an action they did not see coming.
In other words, the FCC overstepped their boundaries.
The Supreme Court is still reviewing profanity-related cases against Fox, regarding the 2003 Billboard Music Awards.
Predictably, The Parents Television Council slammed the decision.
Thought: Well, well, well. At the end of the day, common sense does prevail. But a possible appeal to the U.S. Supreme Court doesn’t sit well with yours truly. After all, if the court find this “wardrobe malfunction” harmful to children – and remember – this is a court that threw out D.C.’s gun ban – then you have to question what kind of direction the Supreme Court – and this country – is going. Is nudity more harmful to children than gun violence? We all know the answer to that. The Court would send a dangerous message if it ruled against CBS and for the Federal Fraud Commission and the Prick Tofu Crud.