May 4, 2009 21:05

Janet Jackson wardrobe 'malfunction' case gets re-examined

US Supreme Court orders appeals court to reconsider

The court case involving Janet Jackson's wardrobe "malfunction" at her 2004 Super Bowl performance is still under review and was ordered to be re-examined in a ruling issued by the US Supreme Court today (May 4).

The Supreme Court ordered the 3rd US Circuit Court of Appeals in Philadelphia to consider reinstating the $550,000 fine that the Federal Communications Commission (FCC) imposed on CBS Corp, the television network that aired the performance.

The fine against CBS was thrown out in a ruling last year when the appellate court cited the FCC practice of not considering objectionable images indecent if they are "fleeting," and argued that Jackson's breast-baring during her performance with Justin Timberlake that lasted nine-sixteenths of a second fit the bill.

But now the Supreme Court is requiring the Appeals Court to apply different criteria relating to the FCC's policy on fleeting expletives, reports the Associated Press.

CBS issued a statement saying the Supreme Court's decision was not a surprise, but they are confident that the appeals court will rule in their favour once again and determine that the network could not have predicted that the incident would occur.

--By our Los Angeles staff.
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