Eight years ago, singer Janet Jackson exposed her breast for 9/16ths of a second. As a result, broadcast network CBS was fined more than half a million dollars and a near-decade long battle over what could or could not be broadcast on network television was launched.
Today, The Hill reports that the U.S. Supreme Court declined to review the lower court ruling that threw out the fine on the basis that the punishment for showing “indecent content” was “arbitrary and capricious.”
This is essentially the same point the court made in the Fox and CBS fleeting indecency cases about a week ago.
According to Chief Justice John Roberts the case does not give a clear path to indecent content on broadcast channels today because broadcasters now know that such content is not allowed.
Unless you are Nancy Grace.
If you are Nancy Grace you can show your nipple to the world for an even longer amount of time than Janet Jackson did and have no one talk about $550,000 fines.
And if you ask me, Nancy Grace exposing herself, however accidentally, is a much more serious offense.
The Janet Jackson Super Bowl “Wardrobe Malfunction”