More than five years after Janet Jackson’s infamous “wardrobe malfunction” shocked millions of Americans watching Super Bowl XXXVIII with a flash of nudity, Nipplegate continues to live on, in the courts. After an appeals court last year threw out the $550,000 fine CBS owed the FCC, the Supreme Court announced today that the case will be reviewed again to see if CBS is indeed responsible for the incident. The Supreme Court’s ruling comes just one week after they upheld FCC policy that levies fines for any and all curses on live television, even if it’s just a one-time outburst, the AP reports.
The lower court had ruled in CBS' favor, saying the Federal Communications Commission had strayed from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency. The FCC had fined the network over Jacksons' breast-baring performance at the 2004 Super Bowl.
The order to revisit the case follows the Supreme Court's ruling last week that narrowly upheld FCC's policy of threatening fines against even one-time uses of curse words on live television, the AP writes.
Since 2004’s famous “wardrobe malfunction,” the Super Bowl has stuck to classic rockers unlikely to spontaneously disrobe for its half-time shows, inviting Paul McCartney, the Rolling Stones, Prince, Tom Petty & the Heartbreakers, and most recently Bruce Springsteen and the E Street Band onto its stage.
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