US star's breast "malfunction" case reopened

The United States Supreme Court ordered Monday a federal appeals court to re-examine its verdict in favor of the CBS network that aired a 2004 Superbowl broadcast in which pop superstar Janet Jackson bared her breast in the now infamous "wardrobe malfunction."

"The judgment is vacated and the case is remanded to the United States Court of Appeals for the third circuit for further consideration in light of FCC vs Fox Television stations," the high court said in a statement.

The Federal Communications Commission imposed a $550,000 fine on CBS for breaking indecency rules after Jackson's breast was exposed during a halftime performance at the Superbowl.

But the fine was tossed out in July by a federal court in Pennsylvania which ruled CBS could not be held responsible for Jackson's actions.

But the high court's order comes in light of its own narrowly-divided ruling in FCC vs Fox Television stations in which it determined that U.S. regulators can impose fines on television and radio broadcasters for allowing "fleeting expletives"--curse words used in passing--to go out over the airwaves.

The judgment is vacated and the case is remanded to the United States Court of Appeals for the third circuit for further consideration in light of FCC vs Fox Television stations

A high court statement

"Nipplegate"

Throughout the now infamous performance Jackson's— mockingly nicknamed by the U.S. media as "Nipplegate"—stage partner Justin Timberlake sang “I'll get you naked by the end of this song," moments before he ripped off Jackson's top, exposing a bare breast and a nipple covered by a metal 'solar' nipple medallion.

After the scandalous performance that caused a media frenzy, both Jackson and Timberlake claimed the exposed breast was not intentional and was simply a "wardrobe malfunction."

"It was not intentional. It was a costume accident," Jackson told Ebony magazine at the time.

I am sorry if anyone was offended by the wardrobe malfunction during the halftime performance at the Super Bowl," Timberlake was quoted by media as saying. "It was not intentional and is regrettable."

On April 28 the court ruled that the FCC, the agency which regulates U.S. broadcast media, was "neither arbitrary nor capricious" in imposing a zero-tolerance policy on vulgar language, overturning an appeals court decision involving an expletive uttered by singer Bono of Irish rock band U2 in a 2003 broadcast of the Golden Globe Awards.

It was not intentional. It was a costume accident

Jackson told media at the time