FrancisPage: Fine Malfunction

Monday, July 21, 2008

Fine Malfunction

Court sanity is putting the FCC in its place. Today an appeals court threw out a $550,000 indecency fine against CBS for Janet Jackson's infamous "wardrobe malfunction" at the hand of Justin Timberlake. This fine, I remind you, came for less than one second of bared breast in a wide shot that made it hard to see.

From the AP:

"Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "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, changing your mind is okay. Regulatory multiple-personality disorder is not. The FCC cannot suddenly start fining "oops" moments after letting them slide for decades.

But the whole uproar over Janet Jackson's bare bosom wasn't about the breast. The breast was merely the topping on a rotten halftime Super Bowl show which featured pelvic grinds, Kid Rock, and an American Flag displayed less than honorably. MTV's entire attitude towards the viewers stunk of hormones and edginess for the sake of cool, because boundaries aren't cool anymore. If the FCC wanted to fine something, it should've fined the entire production for being wack. But that's not an actionable offense, nor should it be.

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