Justice Wins Again

Over the past few weeks, we've seen some landmark court decisions - apparently, the US Constitution applies anywhere and everywhere, regardless of things like "other countries" or silly facts like launching an RPG at American forces; school districts can't implement race-based school assignments for children unless they really, really feel like it (another Justice Kennedy gem); and we can't forget that the 2nd Amendment really does mean an individual has the right to bear arms (if you're interested in that stuff, Scalia's opinion is brilliant, FYI).

But not until today did the US legal system really make a decision that readily impacts the everyday American. I speak, of course, of Janet Jackson's infamous wardrobe malfunction during the 2004 Super Bowl halftime show.

To fill you in, the nipple-hating nerds at the FCC slapped CBS with a cool $550,000 fine. CBS, feeling that this was somewhat extreme, appealed the fine. Today, the 3rd U.S. Circuit Court of Appeals tossed the fine; thus establishing that nipples are as American as apple pie, and the FCC sucks.

I can't help but remember where I was when Justin ripped off Janet's shirt, and the world witnessed what a surgically-enhanced breast and nipple look like with a crazy sun thing around it. I was sitting in our company HQ in Baghdad at 4 in the morning, watching the Super Bowl halftime show live. Under normal circumstances (not in Iraq), I avoid the half-time show at all costs. But since I was in Iraq and there was literally nothing better to do, I watched it.

To be honest, I didn't realize what happened until 3 seconds after the fact. At which point I was really pissed that the Army did not see fit to issue me a TiVo with my M-16. Not that I have some weird fetish for Janet Jackson, but you've got to understand - after so long in the desert, surrounded by other guys, the slightest resemblance of heterosexual sex is enough to cause a minor riot.

Oh well - mark another "W" for the American people and freedom. Today, I sleep well knowing that shameless publicity stunts for upcoming tours and albums are protected by the Constitution.