Once Again Court Says FCC Can't Fine Janet Jackson For Wardrobe Malfunction
from the fleeting-fcc-rules dept
The FCC had already lost this case for its rules being "arbitrary and capricious," but the Supreme Court had asked the court to reconsider its ruling, following the fleeting expletives ruling. However, the court here points out that, basically, nothing in that ruling changes anything about how the court feels about the wardrobe malfunction, and (if anything) it just reinforces the position it already took. The interesting thing, however, may be that the earlier decision was unanimous -- and the judge who wrote that decision, Anthony Scirica, actually changed his mind on the case this time around. He dissented, while the others on the panel upheld their earlier ruling, arguing that the FCC's claim that while its "fleeting expletives" policy had changed, it's position on nudity had never changed, was not at all compelling. The dissent, from Scirica, more or less buys the FCC's claim that broadcasters give up 1st Amendment rights and also argues that there's no evidence of a real policy change here.
Either way, this triumverate of cases may not be complete yet as the Supreme Court is expected to weigh in again on these cases on the First Amendment question (separate from the 'arbitrary and capricious' question). So, fear not, we'll still have more to talk about with all of these cases...