Jackson's "Wardrobe Malfunction" Could Reach Supreme Court
Posted on Fri Nov 21, 2008 01:29 PM PDT

Janet Jackson JanetFCC200.jpgLOS ANGELES, California (X17online) - The US Government is asking the Supreme Court to reinstate a half million dollar fine for Janet Jackson's "wardrobe malfunction" during the half-time show of 2004's Super Bowl broadcast.

During the performance with Justin Timberlake, Jackson's breast was briefly exposed triggering a flood of complaints to the Federal Communications Commission.

The FCC initially imposed a $550,000 fine against CBS. After a 3 year legal battle, a federal court reversed the decision, saying CBS could not be held liable for Jackson's actions.

Now the government is asking the court to consider "whether the court of appeals erred in holding that the federal communications commission acted arbitrarily and capriciously (...) in determining that the most widely viewed broadcast public nudity in television history fell within the federal prohibitions on broadcast indecency."