Janet Jackson Isn’t Indecent But You Still Could Be

Posted on November 3, 2011

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Let's be careful out there

We are one step closer to getting some actual clarity on the legality of the FCC’s indecency policy.

An appeals court has upheld a previous decision that throws out a $550,000 fine the FCC levied against CBS over Janet Jackson’s infamous wardrobe malfunction during the 2004 Super Bowl halftime show.

This new ruling, along with the Supreme Court agreeing to hear arguments in a Fox Broadcasting case about fleeting expletives that aired during two separate awards show broadcasts, are inching the discussion of whether the indecency policy is constitutional toward new clarity.

The key word though is “inching.”

For the moment nothing has changed.

The FCC can still fine both you and the company you work for if they perceive a violation of the current indecency policy.

So don’t get too excited about this ruling and don’t do anything on the air you wouldn’t have done two days ago.

When and if the world wobbles and the indecency policy changes or is thrown out as unconstitutional I’ll let you know.

Until then, carry on and hey, let’s be careful out there.

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