Janet Jackson's Boob Still of Supreme Import

Supreme Court has ordered a lower court to give Janet Jackson's "wardrobe malfunction" from the 2004 Super Bowl another look

By Josh Grossberg May 04, 2009 6:30 PMTags
Janet Jackson, Justin TimberlakeKevin Mazur/WireImage.com

Just when we thought it was over, look what's back in a flash.

The Supreme Court has ordered a lower court to reexamine Janet Jackson's infamous "wardrobe malfunction" from the 2004 Super Bowl.

At the request of the FCC, and in the wake of a ruling last week saying the agency could fine broadcasters for airing "indecent" programming, the nation's highest court wants a federal appeals court to make sure it made the right ruling when it threw out the FCC's record $550,000 fine against CBS.

In the wake of the uproar over the Justin Timberlake-assisted mishap, lawmakers jacked up the top amount for indecency fines and federal regulators subsequently made an example out of CBS.

That was, until the Philadelphia-based 3rd U.S. Circuit Court of Appeals tossed the punishment, calling it "arbitrary" and "capricious."

In a statement, the Eye says it's hopeful the judges "will again recognize that the Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS."

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