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MONDAY, NOVEMBER 23, 2009
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'Wardrobe Malfunction' Case Bound for Supreme Court

Agency encouraged by Fox obscenity case

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(Newser) – The FCC is continuing to push the "wardrobe malfunction" case and has turned to the Supreme Court, Broadcasting & Cable reports. The agency is attempting to have its $550,000 fine reinstated against CBS for Janet Jackson’s disrobing during the 2004 Super Bowl halftime show. A federal appeals court threw out the fine in July.

The FCC apparently hopes to prevail if the high court rules against Fox in a pending case that centers on swearing during the Billboard Music Awards. In the CBS case, the agency argued that the lower court ignored its "legitimate and rational basis for what it was doing and was improperly intruding into the FCC's turf." It won’t press its appeal until after the court rules on the Fox case.

Entertainer Janet Jackson, left, covers her breast after her outfit came undone during the half time performance with Justin Timberlake at Super Bowl XXXVIII in Houston.
Entertainer Janet Jackson, left, covers her breast after her outfit came undone during the half time performance with Justin Timberlake at Super Bowl XXXVIII in Houston.   (AP Photo/David Phillip, File)
The U.S. Supreme Court is shown on June 12, 2008 in Washington DC.
The U.S. Supreme Court is shown on June 12, 2008 in Washington DC.   (Getty Images)
Justin Timberlake reaches across Janet Jackson during their performance just before he pulled off the covering to her right breast, during the half time performance at Super Bowl XXXVIII in Houston.
Justin Timberlake reaches across Janet Jackson during their performance just before he pulled off the covering to her right breast, during the half time performance at Super Bowl XXXVIII in Houston.   (AP Photo/David Phillip, File)
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3 comments
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iamthereama
Nov 21, 08 2:30 PM CST
I can't believe we're still talking about this. Reply
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Reader25229471
Nov 21, 08 3:06 PM CST
How is it the FCC . can be thinking like this they say all kinds of things on TV. It is a womans breast. Enough already. Who is funding this , yes we are hope the head of the FCC is out of thier job woth new President as this is a huge waste of our $ I bet it has cost more than the fine amount already. Reply
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petepenguin
Nov 21, 08 3:49 PM CST
But it was a bare breast shown for a split second.Shouldn't someone have been beheaded for this instead of a skimpy fine? Reply
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