November 21, 2008 19:16

Janet Jackson's 'wardrobe malfunction' case for Supreme Court

US government wants fine re-imposed on TV Network

Janet Jackson's 'wardrobe malfunction' case for Supreme Court
Janet Jackson's 'wardrobe malfunction' during the 2004 Super Bowl has reared its head again, with the US government asking that the original fine be paid.

After Jackson's nipple was exposed as she performed with Justin Timberlake during their half-time performance, a fine of $550,000 was slapped on TV network CBS by the Federal Communications Commission, who said that they broke indecency rules in front of the 90 million viewers.

A court in Philadelphia subsequently ruled that CBS would not have to pay the fine, as they were not responsible for Jackson's actions.

Now government prosecutors are requesting that the fine be reinstated, and have gone to the Supreme Court with the case.

According to the AFP, prosecutors have asked the high 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".

--By our New York staff.
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