It’s hard to believe, but the case levied by the Federal Communications Commission (FCC) against CBS for Janet Jackson’s “wardrobe malfunction” during the 2004 Super Bowl halftime show has been dragging on for six years now. A federal appeals court will re-examine today whether the government can reinstate its fine against the CBS network.
Arguably one of the most discussed moments in TV history, the FCC levied a $550,000 fine against the network after a piece of Jackson’s costume was pulled away for a mere half second, showing her exposed breast, as she performed a song with Justin Timberlake.
In 2008, the 3rd U.S. Court of Appeals in Philadelphia ruled that broadcast regulators acted “arbitrarily and capriciously” in issuing the fine. Last year, the U.S. Supreme Court directed the lower court to consider reinstating the fine, following a ruling in a case that said the FCC could threaten a fine even for fleeting profanity.
The appeals court will now rule whether the fine for CBS is permissible.


