The Long National Nightmare Is Over

Nipplegate ends with a whimper.

A federal appeals court on Monday threw out a $550,000 indecency fine against CBS Corp. for the 2004 Super Bowl halftime show that ended with Janet Jackson’s breast-baring “wardrobe malfunction.”

The three-judge panel of the 3rd U.S. Circuit Court of Appeals ruled that the Federal Communications Commission “acted arbitrarily and capriciously” in issuing the fine for the fleeting image of nudity [...]

The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so “pervasive as to amount to ’shock treatment’ for the audience.”

“Like any agency, the FCC may change its policies without judicial second-guessing,” the court said. “But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure.”

Clearly the 3rd Circuit isn't thinking of the children. That 9/16 of a second of boob will be the source of psychological scars for young football fans well into the next century. I hope Justice Sunday gets extended to a week.

On a somewhat related note, big thanks to Kit Seelye for her dogged determination to cover the pressing issue of whether or not bloggers swear as much anymore. Also, great for you to get the URL "Hullabaloo.com" right. The 834 people who have visited it in its lifetime is sure to shoot up!