The free exchange of ideas is the hallmark of American ideals, basic citizens' rights and the country itself. The First Amendment protects controversial speech, music and actions of individuals. Though it might be tiresome to hear this argument as a defense for an unpopular position, it is nevertheless a completely justifiable defense against the fines that have recently been issued to 20 CBS-owned television stations.
The record $550,000 fine levied by the Federal Communications Commission comes as a result of the incident that occurred during the halftime show of possibly the most interesting Super Bowl telecast in recent history. The FCC's unnecessarily harsh fine might pave the way for the reinstatement of Puritanical control over the nation's airwaves. The performance by Janet Jackson and Justin Timberlake during the halftime at the last Super Bowl was no doubt a fiasco, but while it was inappropriate for certain members of the viewing audience, it didn't warrant such a hard line stance by the FCC.
This penalty is the latest in a series of actions that have censored radio and television alike. The Howard Stern radio show and the Bob and Tom radio show have also been persecuted for the material aired on their shows. Censorship is a volatile issue that might be justifiable in some cases. Since the fiasco, television networks have operated on a broadcast delay to ensure that anything too racy can be edited for their audience. This action will most likely fix the problem, so the FCC is only adding insult to injury.
The easily identifiable victim in this saga is the viewing public that found such material offensive, but another victim that has been unfairly treated is the CBS-owned networks that received the maximum fines of $27,500 for airing the incident. CBS did nothing to warrant these fines; it merely aired a football game that millions of people wanted to see. The halftime show was not developed by CBS, nor did they know that there would be a wardrobe malfunction. These fines are merely the FCC's attempt to shoot the messenger of the performance.
Questionable material will always be present in society. Many years ago, it was offensive to show a black man dance with a white woman on TV. It was also unthinkable to show a married couple in one bed, but that has also happened. The performance was a regrettable decision, and it would have been best for the FCC to move past it without all the publicity. But the FCC has only ensured that the world will forever remember the incident and its aftermath. Also, it put a $550,000 value on Jackson's right nipple, which makes Jackson's assets all the more valuable.
Sorting through America's shame,
The Iraqi prison scandal made huge headlines this year, and now the consequences are starting to be handed down. A military judge has recently recommended that Pfc. Lynndie England be court-martialed for her alleged role in the abuse of prisoners. England is a reservist and has said she was heavily influenced to participate in the abuse. Although she claims to have been coerced into being a part of the abuse, she and all the others involved should be held accountable for their actions. Following orders is an accurate explanation of why the abuse occurred, but it is not a legitimate defense for the crimes.
If the alleged perpetrators are guilty, then the military should punish them in whatever way it sees fit. Also, those involved in the scandal have said repeatedly that the order to treat the prisoners in this way came down from higher-ups. Should those allegations be true, the investigation needs to seriously review the actions of the chain of command, no matter how high up the order came from. The courts are within their authority to summon high-level witnesses, like Vice President Dick Cheney and Defense Secretary Donald Rumsfield, or at least subpoena documents.
This scandal has damaged the credibility of the United States and that of its military. People must be accountable for their actions. Morality is a perfectly acceptable defense for refusal to commit such crimes, and because those accused participated knowingly, such behavior was criminal and they should be treated as such. That is the only way to begin to restore the credibility of the nation.
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