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FCC appeals wardrobe malfunction case to Supreme Court


BigKahune

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Interesting since Madonna's pal MIA gave the finger on live TV from the Super Bowl this year. The FCC is still battling over Janet Jackson's Super Bowl wardrobe malfunction.

 

The FCC just won't give up -

 

From Rolling Stone April 18, 2012 2:35 PM ET:

 

The Federal Communications Commission filed an appeal to the Supreme Court yesterday requesting a review of a decision to throw out the agency's $550,000 fine against CBS over Janet Jackson's infamous "wardrobe malfunction" incident at the Super Bowl in 2004, Politico reports.

 

According to Multichannel News, the FCC has requested that the court hold the case until it has ruled on the commission's challenge of another indecency filing against Fox for profanity on an awards show. The Supreme Court is expected to weigh in on that case within the next few months.

 

The FCC is arguing that the Second Circuit court was wrong to deem their fleeting images' indecency policy to be "arbitrary and capricious," and that by misinterpreting their policy, the court "contravened settled principles governing the deference due to an administrative agency's reasonable understanding of its own decisions." The Third Circuit denied a rehearing of the case back in January.

 

 

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Guest farnsbarns

From the perspective of a liberal European onlooker...

 

For a country with a constitution protecting freedom of actions and speach and a history built by rough and ready pioneers the USA doesn't half have some strangely conservative rules on broadcasting. I love it when Americans are being interviewed on TV here and the presenter says S***, F*** or W***er and the guest is amazed. "Can you say that on TV over here?", always with an approving smile and look of wonderment.

 

I run a website for a British, neigh Scottish, rock band, I am forever being asked by American members of the forum why swearing is not automatically censored. It's RnFR FFS!

 

I hope this post isn't seen as anti American, just an observation.

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Yep America has some very strange laws all based on very old puritanical morality. On American television you can show a woman get her head cut off with a chainsaw but you better not show a breast or your in trouble. [unsure]

 

Violence? Good!

 

Nudity? Bad! Very bad!

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Who is the FCC appealing this ruling on behalf of? I ask because I didn't find it indecent. A little nudity never hurt anyone. Might loosen some of that Puritanical rust off of us.

The FCC is appealing on behalf of us, The American People - what a joke. They just do it for the money - pure & simple

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From the perspective of a liberal European onlooker...

 

For a country with a constitution protecting freedom of actions and speach and a history built by rough and ready pioneers the USA doesn't half have some strangely conservative rules on broadcasting. I love it when Americans are being interviewed on TV here and the presenter says S***, F*** or W***er and the guest is amazed. "Can you say that on TV over here?", always with an approving smile and look of wonderment.

 

I run a website for a British, neigh Scottish, rock band, I am forever being asked by American members of the forum why swearing is not automatically censored. It's RnFR FFS!

 

I hope this post isn't seen as anti American, just an observation.

 

Simply, it's because the Free America envisioned by our founding fathers began to die not long after they did. Now we are stuck with power mongering career politicians and life long appointed judges who view the US Constitution and Bill of Rights as "out dated" toilet paper.

 

Edit to add: Also, "the people" have become lazy, too often to trade freedom for security and more interested in how their favorite sports team is doing then how their country is being mismanaged, dismantled and destroyed. it's almost to the point where this quote is needing to come to fruition: "The tree of Liberty needs to be watered from time to time with the blood of patriots and tyrants (T.Jefferson)" but there aren't any people left willing to tear themselves away from American Idol to do so.

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A point, agree or disagree, about this one...

 

The rules for broadcast came about with the justification that the public's airwaves were involved and that the usage should fit the culture of the whole nation, not segments thereof. That brought, in effect, the old Hollywood rules that similarly had censorship regarding sexual activity and, to an extent, even violence. E.g., look at the old 1930s westerns and gangster shows and you'd see lots of "violence" but not shown as its nasty reality. That held true into the WWII war movie batch.

 

OTOH, by current standards there was a lot of smoking even chewing tobacco that would be a "no no." Liquor was consumed in massive quantities.

 

Why is a government agency involved with the courts? Because that's how questions such as this are settled.

 

m

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Why is a government agency involved with the courts? Because that's how questions such as this are settled.

 

m

I agree the courts is a good thing regarding a lot of these types of things....a way to get down to it. But my question here is they have already been told by the courts a few times, and still insist on disagreeing.

 

It doesn't make a lot of sense that a government agency would see it as it's place to want to disagree with a court decision.

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One would think that the influence of violence, not to mention all these stupid movies out these days, would be more vulgar and offensive and embarrassing than a little exposed tities. I GUESS NOT!!!!!! I'll even go as far as saying that porn is better than televised (and fake) murdering. YEAH! Porn doesn't influence teenagers to go and misuse guns (which are good. But guns don't kill people. People kill people.).

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