Janet Jackson’s Wardrobe Malfunction to be debated in Supreme Court

    Remember back to the fall of 2004? The Red Sox ended their World Series drought, Bush was on his way to winning his reelection bi, and a band called Franz Ferdinand was beginning to sweep the nation with their Gang of Four "inspired’ songs. Of course, if you watched TV around that time, you remember that networks were bogged down with crippling Draconian censorship standards put in place by the FCC in response to the nipple flash seen round the world. It seemed like a return to the Dark Ages was imminent.


    Well, four years later, a half-black progressive Democrat is president, people have remembered why they hate Boston sports fans, and Guns N’ Roses have actually released Chinese Democracy. Not surprisingly, all these factors have come at the same time as the Supreme Court is called on to rule whether the Janet Jackson Super Bowl incident—"Nipplegate" "the wardrobe malfunction," "MTV’s last stand," what have you—was actually indecent. Yes we can, indeed.


    Back in July, an appellate court in Philadelphia ruled that Janet Jackson’s nipple was not indecent. According to that ruling, by the FCC’s own definition of fleeting images, a half-second boob flash would not corrupt the nation’s youth. Nonetheless, the FCC is fighting the decision, and taking it to the nation’s highest court. Previously, the FCC has requested a Supreme Court ruling for the 2002 Cher incident and the 2003 Nicole Ritchie incident. Both those decisions are still pending.