In an extremely rare moment of government, the right thing was actually done earlier today. A federal appears court in Philadelphia today threw out the $550,000 indecency fine that the FCC leveled against CBS from the 2004 Super Bowl halftime show.
For once, reason and common sense came out, I for one am shocked, I’m worried this might be a sign of the coming apocalypse. The three-judge panel determined that the FCC “acted arbitrarily and capriciously” for issuing a fine for the brief image of Janet Jackson’s nipple ring.
The ruling found that the FCC abandoned its 30-year practice of fining broadcasters only when it was “pervasive as to amount to ‘shock treatment’ for the audience. 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.”
This means that the Republican FCC can no longer capriciously decide for the rest of America when something is offensive. The ruling shows that the government overreacted, of course, since the networks got so scared by the fine in the first place, it is probably already too late, the damage has been done. Now there is no such thing as live television anymore, with everything on a delay just in case a scary stray nipple makes an appearance. So it goes I suppose, but at least the right thing was done today, I guess after 7.5 years the government had to do SOMETHING right, I mean, sheer probability would dictate that…
Stick around after the jump for the NSFW image that launched the hooplah in the first place. Continue reading ‘Everybody Get Your Nipples Oiled and Ready!’
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