Free Speech and Media Bias

The infamous 2004 Super Bowl halftime show featured a moment that entered the cultural lexicon as a “wardrobe malfunction” when performer Justin Timberlake pulled off part of Janet Jackson’s bustier, exposing her breast. CBS stations around the country faced major fines for indecency. After years of legal battling, CBS eventually prevailed and did not have to pay the fines, mainly because the courts found ambiguity in how indecency rules were being enforced at that time (Denniston, 2012). The debate continues today over how much right the government has to fine networks or censor objectionable messages—a controversy rooted in competing interpretations of constitutional law.