Does The First Amendment Protect Janet And Justin?

Michael C. Dorf, Professor of Law at Columbia University, weighed in on the Janet Jackson breast-baring incident at the Super Bowl and a federal probe by Federal Communications Commission Chairman Michael Powell of the entire show that has followed. He asks, “Was the halftime show unsuitable for the millions of small children watching? Sure. But so are half the shows on prime-time television. And more importantly, the First Amendment provides that ‘Congress shall make no law… abridging the freedom of speech.’ How, then, can the FCC impose fines on the halftime performers and broadcasters, as it has threatened to do?” Read more.