News & Updates

Judicial Activisim Opens Airwaves to Anything Goes

A recent 3rd Circuit federal court ruling rejecting a fine imposed by the FCC against CBS for the infamous Janet Jackson half time "show" seriously jeopardizes standards of decency on the airwaves. This is just the latest example of how activist judges are usurping power they were never intended to have and redefining cultural morality to their standards. See article by Chuck Colson:

It was the most infamous Super Bowl halftime show in history: In 2004, pop stars Justin Timberlake and Janet Jackson, bumping and grinding their way through a racy routine, had a raunchy finale planned, which they rehearsed two days before. In front of 90 million viewers, including many children, Timberlake yanked off a section of Jackson’s shirt, exposing her right breast.

The nudity angered many viewers, and gave the world a cynical new term: “wardrobe malfunction.” Jackson’s wardrobe is not the only thing that malfunctioned; so did the Third Circuit Court of Appeals. Last Monday the court threw out a $550,000 fine the Federal Communications Commission assessed against CBS. The three-judge panel ruled that the FCC fine was “arbitrary” and “capricious.” Apparently, exposing oneself no longer qualifies as broadcast indecency.

Tim Winter, president of the Parents Television Council, got it right when he said the court’s decision “goes beyond judicial activism; it borders on judicial stupidity . . . If a striptease during the Super Bowl in front of 90 million people—including millions of children—doesn’t fit the parameters of broadcast indecency, then what does?” Good question.

While many Americans are angry at the court, they ought to understand this story is not just about activist judges second guessing the FCC: It is also about a willingness to corrupt. It is not enough, it seems, to make strippers available to those who seek them out in seedy clubs. It is about a desire to expose everyone to filth, whether they want to be exposed to it or not—even innocent children.

In this case, pop performers considered shocking adults and corrupting kids an acceptable price to pay for the publicity and career enhancement. And, indeed, if it did not enhance their careers, it must have amused them to force vulgarity before millions of innocent eyes.

The Super Bowl incident generated more than half a million complaints to the FCC—complaints the Third Circuit Court ignored. But there is a remedy if we act now. If you disagree with the court’s decision, here is what I would like you to do right away.