Appeals Court Set to Hear “Wardrobe Malfunction” Case

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Wardrobe Malfunction
Hey, did anyone hear about this thing? I don’t remember it getting much coverage. Back in 2004, I guess one of Michael Jackson’s sisters and a Mouseketeer were at the World Series and did a whole song and dance routine where their clothes exploded? It sounds awesome. Honestly, why doesn’t the media report on this stuff? It’s all “blah blah, indepth reporting on the war and our government’s lies.” Yawn. Well, apparently this “wardrobe malfunction” is still working its way through our nation’s court system: today, the 3rd U.S. Circuit Court of Appeals in Philadelphia will hear the case of the exposed bazonga.

The FCC originally fined CBS $550,000 for the incident, which, if upheld, would be the largest fine ever against a television broadcaster. CBS appealed, saying that they “did not plan the sole part of the performance the FCC says made it indecent, the ‘costume reveal’.” Right. It seemed like an, er, open-and-shut case, but these days, the FCC’s indecency standards are coming under increasing attack, reports Reuters: two courts in New York have rejected the government’s policies on indecent speech, specifically, “fleeting expletives.” Now there’s a good name for a band.

While the issues work through the courts, the FCC has sat on its hands, or maybe everybody’s just watching their mouths: there have been no proposals of fines since March of 2006. You’re telling me we could have been ripping each other’s clothes off on TV for the last 18 months? Fleeting expletive!

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WHO DOESN’T LOVE A POSITIVE STORY—OR TWO?

“Great journalism really does make a difference in this world: it can even save kids.”

That’s what a civil rights lawyer wrote to Julia Lurie, the day after her major investigation into a psychiatric hospital chain that uses foster children as “cash cows” published, letting her know he was using her findings that same day in a hearing to keep a child out of one of the facilities we investigated.

That’s awesome. As is the fact that Julia, who spent a full year reporting this challenging story, promptly heard from a Senate committee that will use her work in their own investigation of Universal Health Services. There’s no doubt her revelations will continue to have a big impact in the months and years to come.

Like another story about Mother Jones’ real-world impact.

This one, a multiyear investigation, published in 2021, exposed conditions in sugar work camps in the Dominican Republic owned by Central Romana—the conglomerate behind brands like C&H and Domino, whose product ends up in our Hershey bars and other sweets. A year ago, the Biden administration banned sugar imports from Central Romana. And just recently, we learned of a previously undisclosed investigation from the Department of Homeland Security, looking into working conditions at Central Romana. How big of a deal is this?

“This could be the first time a corporation would be held criminally liable for forced labor in their own supply chains,” according to a retired special agent we talked to.

Wow.

And it is only because Mother Jones is funded primarily by donations from readers that we can mount ambitious, yearlong—or more—investigations like these two stories that are making waves.

About that: It’s unfathomably hard in the news business right now, and we came up about $28,000 short during our recent fall fundraising campaign. We simply have to make that up soon to avoid falling further behind than can be made up for, or needing to somehow trim $1 million from our budget, like happened last year.

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