America Still Working Through That Wardrobe Malfunction Trauma For Some Reason

For indispensable reporting on the coronavirus crisis, the election, and more, subscribe to the Mother Jones Daily newsletter.


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?

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

payment methods

SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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