Appeals Court Told to Revisit Janet Jackson's Super Bowl 'Wardrobe Malfunction'

The momentary baring of the singer Janet Jackson’s breast during halftime of the 2004 Super Bowl, will return to federal court.

The Supreme Court set aside the United States Court of Appeals for the Third Circuit ruling on Monday. That ruling overturned a $550,000 fine from the Federal Communications Commission on CBS for the “wardrobe malfunction.” 

The high court said the Third Circuit should give “further consideration” to the decision last July 21, which concluded the F.C.C. should not have fined CBS. "A three-judge panel of the Third Circuit said the F.C.C. had not given broadcasters enough advance notice that it was tightening its policies involving fleeting displays of nudity, and that CBS should not have been held responsible for the actions of Ms. Jackson and her performing partner, Justin Timberlake," reports NY Times.

The Supreme Court’s ordering the Third Circuit to re-examine its decision was not surprising, as the high court’s ruling last week regarding broadcasters allowing foul language during live shows can be held responsible, despite vulgarities being unscripted or isolated. 

“We are confident that in reviewing the case the Third Circuit will again recognize that the Super Bowl incident, while inappropriate and regrettable, was not and could not have been anticipated by CBS,” the network said. “This remains an important issue for the entire broadcasting industry because it recognizes that there are rare instances, particularly during live programming, when despite best efforts it may not be possible to block unfortunate fleeting material.”

The 2004 Super Bowl in Houston had about 90 million people watching. Not all viewers were offended by the incident, but enough of them were, and that made the controversy with Jackson has lasted longer than memories of the game.