WASHINGTON, DC — Idle hands are said to be the devil’s playground and the hands at the Federal Communication Commission (FCC) may well be among the most idle in the nation, if its insistence upon pressing for the punishment of CBS is any indication.
Not content with the Third Circuit Court of Appeals’ July decision concerning the now beyond infamous Janet Jackson Super bowl halftime show “wardrobe malfunction,” the FCC is pushing to have it overturned and the case tried by the U.S. Supreme Court.
At issue is the fact that the Third Circuit Court threw out the FCC’s $500,000 fine against CBS for subjecting the world to the sight of Jackson’s splendid breast and nipple guard for a few short but memorable seconds during 2004.
According to the FCC, the decision, wherein the Court labeled the fine “arbitrary and capricious,” was flawed. Broadcasting & Cable quotes Media Access Project president Andrew Schwartzman as adding that the Court did not provide the FCC with appropriate deference to what he calls the organization’s “legitimate and rational basis for what it was doing.” Additionally, Schwartzman believes that the Court was “improperly intruding on the FCC’s turf.”
Supported by the Department of Justice and apparently encouraged by oral arguments heard during the Fox profanity appeal earlier this month, the FCC’s turf war has resulted in the filing of a petition for a writ of certiorari.
Lest the legal ground not be smoothed out for it, the FCC has also asked that the petition be held in abeyance until the High Court rules on the Fox case.
CBS has responded to the renewed attack by stating that “We hope the Supreme Court will recognize there are rare instances, particularly during live programming, when it may not be possible to block unfortunate fleeting material, despite best efforts. Doing so would help to restore the policy of restrained indecency enforcement the FCC followed for decades.”
First Amendment watchers opine that although Court decisions are notoriously difficult to anticipate, the FCC stands a small chance of success in spite of the fact that both the Fox and CBS cases have ruled in favor of the broadcasters.
“It’s hardly unexpected but it’s still disappointing that the government continues to pursue issues like this,” Schwartzman observed, pointing to the Fox oral argument as the source of the FCC’s encouragement.
Naturally, the Parents Television Council, which helped keep the Jackson incident in the limelight and urges its members to pursue a nearly religious pursuit for what it believes to be televised indecency is crowing with glee at the prospect of an appeal.
“We are delighted to learn that the FCC and the Justice Department will seek Supreme Court review of the infamous Janet Jackson breast flash during the 2004 Super Bowl halftime show,” president Tim Winter assured.
Broadcasters contend that they are protected by the same laws that offer coverage to internet companies when it comes to third party content contributors.
