Supreme Court Reopens Nipple-Gate
By Kevin Spak,  Newser Staff
Posted May 4, 2009 10:04 AM CDT
In this Sunday Feb. 1, 2004 file photo, entertainer Janet Jackson, left, covers her breast after her outfit came undone during the half time performance with Justin Timberlake at Super Bowl XXXVIII.   (AP Photo/David Phillip, File)
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(Newser) – The Supreme Court today ordered a federal appeals court to consider reinstating a fine against CBS for Janet Jackson’s Super Bowl wardrobe malfunction, the AP reports. The appeals court had ruled that the glimpse of Jackson’s breast, which lasted nine-sixteenths of a second, should have been considered “fleeting,” and hence not eligible for a fine.

The high court’s decision to re-open the matter comes on the heels of last week’s narrow decision to allow the FCC to fine networks for even one utterance of a naughty word on live television.