Monday, October 20, 2008



The 'Wardrobe Malfunction' that Wouldn't Die



Appealed Case Reportedly May Get Supreme Court Review
"Government lawyers say they need more time to decide whether to seek Supreme Court review of the indecency fine against CBS stations over the fleeting nudity in the Janet Jackson/Justin Timberlake Super Bowl half-time show, according to Media Access Project, which was served notice of the request. MAP was a party to the lower court challenge, Broadcasting & Cable reports.

The Third Circuit Court of Appeals last July threw out the fine, concluding the FCC's decision had been arbitrary and capricious and an unjustified departure from prior precedent. The deadline was Oct. 19 for filing a cert petition with the Supreme Court - essentially a request to hear an appeal of a lower court decision. The Solicitor General said it would need until Nov. 18, reports B&C writer John Eggerton.

In the request for the extension, which are routinely granted, Solicitor General Gregory Garre said he needed the time for "consultation with the FCC and to assess the legal and practical impact of the...ruling," then more time after that if it decides to seek cert.

But that extension would also allow the government to first gauge the court's reaction to its arguments Nov. 4 in the government's appeal of the Fox profanity decision. In that case, the Second Circuit Court of Appeals found the FCC's decision to find fleeting profanities indecent was also arbitrary and capricious as well.

Source

The star over the nipple of her pumped-up breast makes clear that the "malfunction" was planned -- by her. There is no evidence that the broadcaster had anything to do with it. Women who have boob jobs are often keen to display the result. To me the broadcaster is more the patsy than anything else.

4 comments:

Anonymous said...

A breast is just a part of the human body and in the case of females it's for dispensing milk to babies - and now it's socially acceptable to suckle babies in public but not to expose a breast otherwise - DOES NOT COMPUTE!

Anonymous said...

And the vagina is designed for the child to leave a women’s body, another perfectly normal function of a human’s body. So gals, drop your pants, lay back and spread your legs, a perfectly normal thing is there!

Either we have some standards of what is acceptable or anything goes. Now the rules are printed and everyone knows what they are. If we go by a undefined definition of things as being “normal”, then anything goes.

Mobius

Anonymous said...

"The star over the nipple of her pumped-up breast makes clear that the "malfunction" was planned -- by her."

A very good point that most people either missed or didn't think it mattered. The next time a TV network hires someone who has a dying career and is desperate to keep it alive, (and who now is the "sole" provider for the entire Jackson family) they should be ready for anything!

Anonymous said...

Has the U.S. Supreme court nothing better to do than dealing with such a non-issue?
There are probably way too much lawyers in the U.S. ...