Boobenfreude II or Janet & Justin & CBS & MTV

The more I think about this little stunt, the more annoyed I become. As many have pointed out, if it occurred at any other time or on a cable or pay per view channel I would not care at all. However, both the NFL and CBS advertise this event as the ultimate in family entertainment. The Super Bowl is Disney squared. Their actions completely shattered the public trust and amount to false or deceptive advertising.

I'm not the only one who is mad. It seems that FCC Commissioner Michael Powell as well as all the other FCC Commissioners are furious. While I like the idea of fining each of CBS's affiliates the maximum amount under the law, I am not really a fan of the FCC going after the performers. Someone might convince me otherwise, but I just don't see enough privity there. They had no relationship with, nor possessed (that I am aware of) any special licenses from, the FCC. In fact, unless someone shows me otherwise, I just don't see where they have agreed to regulation by the FCC for their artistic performance. The performers were simply acting as employees (or at least well controlled independent contractors) of CBS/MTV/Viacom.

That said, I think the real power to penalize and effect change here rests with the NFL. I'm glad to see that Paul Tagliabue is as ticked off as the rest of us. With the billions of dollars of value wrapped up in this event, he can't protect it strongly enough. Those same billions put him in an enviable position to make far more of an impact than even the FCC and its paltry $27,500 per incidence penalties can.

From what we've seen so far, it appears fairly obvious to me that both the performers and MTV knew exactly what was going on. Since MTV and CBS are both owned by the same corporate entity, and as a result CBS lobbied for MTV to produce the half time, Tagliabue should impose the maximum penalty possible. After a short investigation he should forever ban CBS and or any Viacom owned entity from ever having a relationship with the NFL. This ban should stay in place until a permanent house clearing occurs throughout CBS. If he was serious, he would make reinstatement contingent upon ALL executives and creative personnel involved at CBS and MTV losing their jobs ... and a complete ban on MTVs broadcast of any future work by any artist involved in the sleazy halftime production (Kid Rock was the only one who didn't offend me, though I am withholding comment on his music itself).

Please don't get me wrong. I am all in favor of artistic rights ... Heck, I vigorously support the rights of anyone to try to shock society. However, the NFL is a private entity with one of the most lucrative franchises in history. It must defend that product to the fullest extent possible and short of the "death penalty" I proposed, I don't see away for the league to adequately distance itself from the actions of CBS and MTV.