Janet Jackson case: Supreme Court directs 3rd U.S. Circuit to reinstate $550,000 fine to CBS

By: Chris Johnson

I was a teacher in the public schools. I taught elementary aged children for 18 years.

I taught between 1969 and 1988. Television was changing. Children and families were under assault. I was seeing it in the children and in the changes in thinking, attitudes, behavior. I wanted to make a difference.

I heard about Rev. Don Wildmon who had started an organization called National Federation for Decency (later to become the AFA – American Family Association.)

He had been a pastor and he was burdened beyond anyone that I knew about. He was speaking to gatherings of people and saying that if the church didn’t begin to fight the fight against the onslaught of pornography that the battle may very well be over within five years. He was saying that back in the eighties. I took him to heart.

I left my teaching job and went full-time as AFA’s first named state director in 1988. Though we formed a separate organization in 1999, we share the ongoing burden of Don Wildmon and the AFA.

In 2004, we warned thousands (tens of thousands) with our bulletin insert prior to the Superbowl to exercise caution – particularly regarding the half-time show and the advertisements increasingly filled with sexual innuendo. Little did I know how prophetic my words were to be.

On the other hand, how sharp did one have to be? The Super Bowl Half-time Show was going to be hosted by MTV. MTV? What was the NFL thinking? What an alliance for a family sports event.

The rest is history. Janet Jackson and Justin Timberlake executed the so-called “wardrobe malfunction” – exposing her breast – before millions of Americans young and old. The societal outrage had never been and has never been so dramatic!

After months of deliberation, the then Federal Communications Commission Chairman Michael K. Powell and the FCC, brought a fine against CBS for $550,000.

And really, even the $550,000 is nothing more than the cost of doing business for the likes of CBS. Yet, it was at least something which is far greater than the FCC had ever brought against indecency!

Now we are seven years after this momentous event. No fine has been paid. Just passing time, court deliberations – back and forth and back and forth.

And, of course, CBS appealed the fine and managed to have it go to the liberal 3rd U.S. Circuit Court of Appeals (Philadelphia) which surprise-surprise voided the FCC fine in July 2008.

Then it was time for the FCC to appeal to the U.S. Supreme Court.

AND HERE’S WHERE I’M GOING WITH ALL OF THIS.

Today, Monday, May 4, 2009, the U.S. Supreme Court ordered the 3rd U.S. Circuit to re-examine its ruling in favor of CBS and directed this Circuit Court of Appeals to consider reinstating the $550,000 fine that the FCC had earlier imposed on CBS over Jackson’s breast-baring performance at the 2004 Super Bowl.

Several comments here:

(1) I’m thankful that the Supreme Court upheld the FCC and its fine.
What a poor statement that would have made to the entertainment industry and to the American public if it had agreed with the 3rd Circuit and thrown out the FCC ruling and fining.

(2) Nonetheless, will the 3rd Circuit in its reconsideration reduce the fine of $550,000 and go for a lesser fine? I for one will be attentive to this decision.

(3) Having now been involved in the pro-decency ranks for 21 years, the only thing that keeps me from being a complete cynic is the grace of God and the hope that He gives me beyond this earth. It has been five years beyond the Jackson sexual escapade and there has still been no justice meted out. What an unfortunate farce.

(4) I left teaching because I wanted to be an advocate for children and so I have been – one of many. I’ll never be sorry that I responded to the calling that I believe that God gave to me, but I have learned far more than what I bargained for: corruption in our legal system, a toothless FCC (which is supposed to be the watchdog of our airwaves for us), a church (with a number of exceptions) which does not preach and teach its children and families and ground them in truth and teach them God’s precepts and shepherd and disciple as it ought.

(5) But, God is good and greater than it all. God is using all of this travesty, injustice and travail according to His purposes. His truth is marching on. His ways are not our ways and our ways are not His ways, but He uses trials and tribulations to make us more like Him.

(6) To this observer, the landscape only promises to get more difficult under the Obama administration as the Federal Communications Commission will bear our new president’s mark and the nations courts will increasingly reflect his radical left worldview.

(7) I believe that God is doing what He has done first with Israel and with many nations since. When a people turn their back upon the only God, the True God, there is a natural consequence. He blesses those who obey Him and He curses those who rebel. America is living in rebellion.

(8) Truly, this is a time to get our own house in order and to humble ourselves and seek His face and turn from our wicked ways.

(9) And what about our children and grandchildren? This is where my heart really breaks and grieves for they didn’t ask for this. I was visited by a three year old granddaughter from Texas recently. What energy! What a dynamic personality! May our young ones come to know Christ personally as for then they will have His blessings and presence as numbers of you have had through thick and thin, heartache and loss, and good times too.

(10) And lastly, I’m not giving up nor giving in. With God all things are possible! I’m looking up and rejoicing in His goodness and presence in my life which is rich beyond measure. I have much to look forward to even on this earth – though the fight is on of that I am certain.

May the 3rd District Court (Philadelphia) sustain the fine of $550,000.

May God’s people stand and live for Him and may the world see His righteousness in you and me!

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Call 888-733-2326.

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American Decency Association
Bill Johnson, President
P.O. Box 202
Fremont, MI 49412
ph: 231-924-4050
www.americandecency.org

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