If this is the Super Bowl half-time show, will the FCC fine the network?

Slate legal columnist Dahlia Lithwick drives me crazy on a regular basis, but she hit a home run with her tongue-in-cheek account of the oral argument before the Supreme Court regarding the constitutionality of the Federal Communications Commission’s indecency policy, which has broadcast networks shivering in their boots over the possibility of another “wardrobe malfunction” at the Super Bowl or another trash-mouth star saying “fuck” as she picks up an Academy Award. The particular topic before SCOTUS was momentary nudity in TV drama, such as walrus-like actor Dennis Franz’s mega-butt flashing by our horrified eyes on “NYPD Blue.” In an Ethics Hero-worthy moment, attorney Seth Waxman, representing ABC, showed the Court how absurd and arbitrary it is to try to regulate taste and decorum in art. Lithwick writes: Continue reading →