Court Drops FCC ‘Wardrobe Malfunction’ Fine


Did you see it? I didn’t see it.

PHILADELPHIA, PENNSYLVANIA – Who doesn’t love the Super Bowl? Who doesn’t tolerate pre-bringing-sexy-back Justin Timberlake? Who doesn’t love Janet Jackson’s sun pattern nipple clip?

That’s right, the wardrobe malfunction is in the news again. This time, though, the nudity wins!

A three judge panel of the 3rd U.S. Circuit Court ruled Monday that the FCC acted arbitrarily and capriciously when it *ahem* changed the rules so they could throw the book at CBS.

This the court said after a 30-year policy where fines were only applied in cases where offending broadcasts were taking part in “shock treatment” to the audience the FCC’s order “constituted the announcement of a policy change — that fleeting images would no longer be excluded from the scope of actionable indecency.”

In their statement, the court stated, “Like any agency, the FCC may change its policies without judicial second-guessing. But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure.”

In other words, if they want to fine the hair off your balls (or the equivalent of $550,000), they have to tell you what exactly it is that warrants that sort of treatment first.

All this coincides with Janet Jackson’s return to hotness and the recent release of her new album. It isn’t bad. That’s the exact reaction I had when I saw that 9/16 of a second of nudity.

Written by Mr. Woods.

Source AP via Yahoo!News

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