FBLA Exclusive: What Does the ‘Wardrobe Malfunction’ Ruling Ultimately Mean?

In light of all the news about the federal appeals court’s decision to throw out the FFC’s $550,000 fine against CBS over the infamous Janet Jackson “wardrobe malfunction,” we talked to Paige Gold, who helped write the Media Access Project’s friend-of-the-court brief in the case.

Gold tells us that what we kinda sorta thought — but what many media outlets missed: The ruling alone isn’t much of a setback for the FCC.

“The way broadcast indecency rules are interpreted shifts according to who is in the White House. The FCC has 5 members, 3 from the party holding the White House, and 2 from the other party. If Obama is elected in November, the balance will shift, Kevin Martin will no longer be in charge, and the big issue will not be indecency, but whether the FCC should have the right to regulate cable channels,” Gold says.

In other words, if Obama loses, don’t expect the FCC’s crusades to end.