Citizens United vs. Sideboob

The Cast of NYPD Blue Season Six. <a href="http://en.wikipedia.org/wiki/File:NYPD-Blue-season_6.jpg" target="_blank">Wikimedia</a>

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In a narrowly tailored but near-unanimous decision on Wednesday, the Supreme Court ruled that the Federal Communications Commission’s regulations regarding “indecency” are unconstitutionally vague. Most of the Justices didn’t question whether the FCC had the authority to regulate television content for indecency—instead, they argued the FCC had failed to give the networks “fair notice” that certain content could be considered indecent.

The content in question seems somewhat quaint in the age of the Internet—ABC aired “seven seconds of nude buttocks” accompanied by a few more seconds of sideboob on NYPD Blue in 2003, while Fox aired “isolated utterances of obscene words” by “the singer Cher” and “a person named Nicole Richie” during the Billboard Music Awards in 2002.

Of the eight Justices who ruled on the issue (Sonia Sotomayor recused herself because she was a judge on the Second Circuit when it took the case), only Justice Ruth Bader Ginsburg, in a brief concurrence, questioned whether the FCC’s authority was too broad. Ginsburg wrote that the 1978 case upholding the FCC’s authority to regulate “indecency” over the airwaves was “untenable” and “bears reconsideration.” (The 1978 case involved a hilarious radio monologue from the late comedian George Carlin.)

The court’s narrow ruling reflects a very different attitude towards the First Amendment than the one on display in the court’s decision in Citizens’ United, which opened the spigot for unlimited, unregulated corporate money in elections. As Justice Anthony Kennedy wrote in his Citizens United opinion, “it is our law and tradition that more speech, not less, is the governing rule.” That rule appears to apply only to unlimited corporate cash, not sideboob. Which do you think is more threatening to the democratic process?

More MotherJones reporting on Dark Money

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SIX TRUTHS

Reclaiming power from those who abuse it often starts with telling the truth. And in "This Is How Authoritarians Get Defeated," MoJo's Monika Bauerlein unpacks six truths to remember during the homestretch of an election where democracy, truth, and decency are on the line.

Truth #1: The chaos is the point.

Truth #2: Team Reality is bigger than it seems.

Truth #3: Facebook owns this.

Truth #4: When we go to work, we're in the fight.

Truth #5: It's about minority rule.

Truth #6: The only thing that can save us is…us.

Please take a moment to see how all these truths add up, because what happens in the weeks and months ahead will reverberate for at least a generation and we better be prepared.

And if you think journalism like Mother Jones'—that calls it like it is, that will never acquiesce to power, that looks where others don't—can help guide us through this historic, high-stakes moment, and you're able to right now, please help us reach our $350,000 goal by October 31 with a donation today. It's all hands on deck for democracy.

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