America Still Working Through That Wardrobe Malfunction Trauma For Some Reason

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


mojo-photo-malfunction.jpgYes, doctor, we know that it was way back in 2004 when a couple middling pop stars engaged in a flirtatious dance routine during a Super Bowl halftime show that ended in the brief revelation of a boob, but the event apparently still haunts our nightmares. By that I mean, of course, that it’s “working its way through the court system,” but there was a decision today that may mean an end to our cruel suffering is in sight: a federal appeals court today threw out the original $550,000 FCC fine against CBS for the “wardrobe malfunction.” That’s right, the 3rd U.S. Court of Appeals is pro-bazoom, or at least fleeting bazoom, citing the “nine-sixteenths of one second glimpse” of the breast in question in their decision. But it felt like an eternity!!! Mostly they just pointed out that the FCC had never fined fleeting indecency before:

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… Its orders constituted the announcement of a policy change — that fleeting images would no longer be excluded from the scope of actionable indecency.

The decision mirrors a 2007 federal appeals court ruling that struck down fines against Fox for “fleeting profamities” uttered by Cher and Nicole Richie on live awards show broadcasts. That case is set to go all the way to the Supreme Court, which is apparently the only way we’re going to get over this. Maybe Canada could prescribe us some anti-depressants?

TIME IS RUNNING OUT!

We have an ambitious $350,000 online fundraising goal this month and it's truly crunch time: About 15 percent of our yearly online giving usually comes in during the final week of the year, and in "No Cute Headlines or Manipulative BS," we explain why we simply can't afford to come up short right now.

The bottom line: Corporations and powerful people with deep pockets will never sustain the type of journalism Mother Jones exists to do. And advertising or profit-driven ownership groups will never make time-intensive, in-depth reporting viable.

That's why donations big and small make up 74 percent of our budget this year. There is no backup to keep us going, no alternate revenue source, no secret benefactor. If readers don’t donate, we won’t be here. It's that simple.

And if you can help us out with a donation right now, all online gifts will be matched thanks to an incredibly generous matching gift pledge.

payment methods

TIME IS RUNNING OUT!

We have an ambitious $350,000 online fundraising goal this month and it's truly crunch time: About 15 percent of our yearly online giving usually comes in during the final week of the year, and in "No Cute Headlines or Manipulative BS," we explain why we simply can't afford to come up short right now.

The bottom line: Corporations and powerful people with deep pockets will never sustain the type of journalism Mother Jones exists to do. And advertising or profit-driven ownership groups will never make time-intensive, in-depth reporting viable.

That's why donations big and small make up 74 percent of our budget this year. There is no backup to keep us going, no alternate revenue source, no secret benefactor. If readers don’t donate, we won’t be here. It's that simple.

And if you can help us out with a donation right now, all online gifts will be matched thanks to an incredibly generous matching gift pledge.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate