SCOTUS to weigh ‘wardrobe malfunction’?

Updated
Janet Jackson and Justin Timberlake during the infamous 2004 Super Bowl halftime show in Houston.
Janet Jackson and Justin Timberlake during the infamous 2004 Super Bowl halftime show in Houston.
David Phillip/AP Photo

Nipplegate just will not go away. Now, the Supreme Court may get involved.

More than eight years after Janet Jackson’s infamous “wardrobe malfunction” at the Super Bowl halftime show, the Federal Communications Commission asked the Supreme Court to chime in by reviewing the case.

The FCC filed a petition Wednesday for the high court to uphold the government’s $550,000 fine against CBS for violating federal laws on broadcast indecency. For less than a second, millions of viewers caught a glimpse of Janet Jackson’s bare breast before the network could cut away.

In November, the 3rd Circuit Court of Appeals in Philadelphia overturned the fine, calling it “arbitrary and capricious,” in nature.

Solicitor General Donald Verrilli Jr. argued the original punishment was justified because “indecency rules and policies never included a ‘fleeting nudity’ exception to indecency liability.”

FCC, SCOTUS, Supreme Court, Super Bowl and Sports

SCOTUS to weigh 'wardrobe malfunction'?

Updated