FTFCC

July 21, 2008

Well, we’ll all sleep better now, won’t we?

A federal appeals court on Monday threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction.”

The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity.

The 90 million people watching the Super Bowl, many of them children, heard Justin Timberlake sing, “Gonna have you naked by the end of this song,” as he reached for Jackson’s bustier.

The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so “pepervasive as to amount to ‘shock treatment’ for the audience.”

Next, we’ll have more arguments and the continuing and expensive litigation over whether unscripted expletives (like Bono’s “F” word) should be fined.  Isn’t it time to just dissolve the FCC? The only excuse for its existence — allocation of limited spaces on the electromagnetic spectrum — has beeen eliminated.

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One Response to “FTFCC”

  1. Harl Delos Says:

    The only excuse for its existence — allocation of limited spaces on the electromagnetic spectrum — has beeen eliminated.

    It has? Is someone else doing that now, or is it a free-for-all?

    Are owners of radio stations now allowed to “jam” the frequencies of competitors’ radio stations?

    Can Magnavox now make gizmos that let you eavesdrop on other folks’ cellphone conversations?

    Can CB radio operators now amp up their stations so that when they call out, everybody in a five-mile radius picks up their voice on their dental fillings?


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