The US Supreme Court has thrown out an appeals court ruling that the FCC acted “arbitrarily and capriciously” in fining CBS $550,000 for Janet Jackson’s breast flash during the halftime show of the 2004 Super Bowl. The case now goes back to the appeals court in Philadelphia for further review. The apparent rationale is that now that the Supremes have decided the FCC can punish fleeting incidents, the lower court should take a new look at this case with that in mind.
RBR/TVBR observation: Of course, America has never been the same since Janet Jackson pulled the rug out from under it. That 9/16ths of a second has taken normal law-abiding citizens and turned them into slavering lunatics, done in by this unwarranted “shock treatment,” as the FCC would have it. Let’s get real, folks. The appropriate response to the incident has already taken place: As punishment for her tastelessness, networks have not invited JJ to do another halftime show. That should be the end of it.